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FUBTHEB 
 
 AMENDMENTS AND ADDITIONS 
 
 TO TBX 
 
 EUROPEAN AND NORTH AMERICAN RAILWAY COMPANY, 
 WITH iGSEEMENT FOR CONSTRUCTION OF, &e. 
 
 16th Victoria, Cap. 2. 
 
 Ad Aet in addition to and in farther ameodmeot of the Aot to isoorporate 
 tb« Elaropean and North American Railway Company. 
 
 Passed 29th October 1852. 
 
 4 XMTHEREAS it is ekpedient to make certain altera- 
 
 * ^ ' tioBs and amendments in the Act made and 
 
 ' passed in the fourteenth year of Her Majesty's Reign, 
 
 * intituled An Act to incorporate the European and North 
 
 * American Railway Company ; 
 
 Be it therefore enacted by the Lieutenant Governor, 
 Legislative Council and Assembly, as foUor-s: — 
 
 1. The said European and North American Railway 
 Company is hereby authorised and empowered to raise by 
 way of Loan, in addition to any amount loaned to such 
 Company by the Province, a sum not exceeding one 
 miUion of pounds sterling, and to issue therefor its own 
 BoAds, under Seal ; such Bonds to be for any sum not less 
 than one hundred pounds sterling, bearing interest not 
 eitceedittg six per cent, per annum, and redeemable ill 
 twenty years from the date of each Bondirespectively. 
 
 2. In addition to the power given the Lieutenant Gover- 
 nor by the said Act of Incorporation, to make grants of 
 land to the said Company, the Lieutenant Governor in 
 Council is hereby empowered to make free grants to such 
 Company of any additional Crown land that may be 
 
2 
 
 required for stations, or other necessary- purposes con* 
 nected with the principal line of Railway, or with any of it» 
 branches or extensions. 
 
 3. The immediate gOTernment and management of the 
 affairs of the said Company shall be vested in thirteen 
 Directors, of whom seven, being proprietors of at least 
 twenty shares of stock each in such Company, shall be 
 elected by the shareholders in the manner directed by the 
 fortieth section of the Act of Incorporation, subject to the 
 alteration in this Act hereafter specified, as to the number 
 of votes to be given by such shareholders in respect to the 
 shares they severally hold; which seven DirectM^ so 
 chosen shall continue in office until they die, become dis- 
 qualified, resign, or others duly, qualified are elected in 
 their stead ; and the other six of the said Directors sha I 
 be appointed by the Lieutenant Governor in Council, none 
 of whom shall necessarily be shareholders in the said Com- 
 pany, and who shall hold their offices during pleasure ; 
 and in case of any vacancy, others from time to |ime shall 
 be appointed in their places ; provided that no Member of 
 the Legislature, not being a Member of the Executive 
 Government, shall be appointed a Director by the Lieu- 
 tenant Governor in Council under this Act ; and provided 
 further, that no Director in the said Company shall be a 
 Contractor under or Solicitor to the said Company ; pro- 
 vided also, that not less than three of the said thirteen 
 Directors shall constitute a quorum for the transaction of 
 business, of whom one at least shall be a Director appointed 
 by the Lieutenant Governor in Council ; and that Directors 
 not present may vote by proxy, provided such proxy be a 
 Director, but ro proxy shall give more than three votes 
 in addition to his own vote ; provided that if the share- 
 holders in the said Company shall fail or neglect to appoint 
 Directors as required by the Act of Incorporation and this 
 Act, then and in such case the Directors appointed by the 
 Lieutenant Governor in Council, shall have the manage- 
 
ment of the affairs of the said Company until Directors 
 shall be duly elected by the shareholders. 
 
 4. Instead of giving one vote for each share of stock, as 
 provided by the fortieth section of the said Act of Incor- 
 poration, the shareholders in the said Company, on all 
 occasions when their votes are to be given, shall vote 
 according to the following scale : — 
 
 For one share, and not more than two, one vote ; for 
 every two shares above two, and not exceeding ten, one 
 vote, making, five votes for ten shares ; for every four 
 shares above ten, and not exceeding thirty, one vote, 
 making ten votes for thirty shares ; for every five shares 
 above thirty, and not exceeding sixty, one vote, making 
 sixteen votes for sixty shores ; and for every ten shares 
 above sixty, and not exceeding one hundred, one vote, 
 making twenty votes for one hundred shares ; which said 
 number of twenty votes shall be the greatest that any 
 shareholder shall be entitled to give. 
 
 5. The Lieutenant Governor in Council shall continue 
 to exercise the power of appointing six Directors in the 
 said Company, so long as the said Company shall continue 
 indebted for any Provincial loan ; but when such loan is 
 paid off and discharged, the number of Directors appointed 
 by the Executive shall be in proportion to the number of 
 shares of stock held by the Province ; and if such ^ares 
 shall be sold and transferred, the power of appointing 
 Directors by the Lieutenant Governor in Council shall 
 cease. 
 
 6. No shareholder shall be permitted to vote on any 
 occasion, until all his calls are paid ; and no Director 
 elected by the shareholders, whose calls are unpaid, shall 
 be allowed to vote at the Board of Directors. 
 
 7. The fifty seventh section of the said Act of Incorpo- 
 ration is hereby repealed ; and in lieu thereof, it shall be 
 
lawful for Her Majesty's Gorernment, if it shall think fit) 
 subject to the provisions hereini^er in this section con- 
 tained, at any time after the expiration of thp term of 
 twenty one yiars, to purchase the said Railway, with its 
 extensions and branches, and all its hereditaments, stock 
 and appurtenances, for the use of this Proyince, upon 
 giving to the said Company three calendpr months notice 
 in writing of their intention to make such purchase, and 
 Upon payment of a sum equal to twenty five years pur- 
 chase of the annual divisible profits, estimated on the 
 average of the seven then next preceding years; provided 
 idways, that it sbdl be lawful for the Company, if they 
 shall be of opinion that the said rate of twenty five yeprs 
 purchase of the said average profits, is an inadequate rate 
 of purchase of said Railway, reference being had to the 
 prospects thereof, to require, that in case of difibrence, it 
 shall be left to arbitration, to determine what, if any, 
 additional amount of purchase money shall be paid to isaid 
 Company; and provided also, that no such purchase shall 
 be compulsory on said Company unless the said seven 
 years average rate of profit shall exceed ten per cent* 
 per annum- 
 
 8. On all articles imported bona fide for the construction 
 of the principal Railway, or of any of its branches or 
 extepsions, there shall be no higher duties levied than are 
 ^t present imposed by the existing Revenue Laws of 
 this Province ; and if the Provincial duties shall hereafter 
 be increased, then such articles shall be entitled to a 
 drawback equal to the amount of the increase. 
 
 9. The Lieutenant Governor in Council is hereby 
 authorised to appoint fit and proper persons to be Police 
 Magistrates, each of which Police Magistrates shall have 
 authori^ tp act by himself in all cases in which two 
 Justices pf the Peace may act, and the jurisdiction of such 
 Police Magisirates may extend along the whole of the 
 
principal Railway, its brauches and extensions, and 
 throughout all or any of the Counties within which, or 
 within five miles of which, the said Railway, its branches 
 or extensions may pass, according as the Lieutenant 
 Governor in Council may appoint and direct, while the 
 same are in course of construction, and to pay to such 
 Maf;li rates the amount of compensation which the Legis- 
 laturv niy from time to time provide; and such Police 
 Magistrates are hereby authorised and empowered to 
 appoint, subject to the approval of the Directors of the said 
 Company, such and so many Stipendiary Constables on 
 the said line of Railway as they may deem necessary for 
 the preservation of peace and good order, and to displace 
 the same and appoint others whenever requisite ; which 
 Constables shall be under the control and direction of such 
 Police Magistrates, and such Magistrates and Constalles 
 shall have all the powers, authority and priviliges inci- 
 dent to the office of Police Magistrates and Constables by 
 the provisions of an Act passed in the eleventh year of the 
 Reign of Her present Majesty, intituled An Act for 
 ettabluhing and maintaining a Police Force in the 
 Parish of Portland^ in the City and County of Saint 
 Johnj within the district for which they are severally 
 appointed ; and such Constables shall be paid a reasonaUe 
 compensation for their services by the said Company. ' 
 
 10. Within six months and not sooner than three 
 months after this Act shall come into force, there shall be 
 a special meeting convened of the shareholders in the said 
 Company for the purpose of choosing the requisite number 
 of Directors on their part, and the transaction of such 
 other busitiess as may legally come before said meet- 
 ing ; which meeting shall be called by the President of the 
 said Company, or by any tuo of the Directors, in the 
 manner provided by the forty first section of the Act of 
 Incorporation ; and the present Directors of the said Com- 
 
G 
 
 : 
 
 
 ) 
 
 
 ^any shall continue in office until others are elected and 
 appointed in their stead. 
 
 11. All the provisions of this Act shall be deemed to be 
 incorporated in and to form part of the said Act of Incor- 
 poration, and of an Act passed in the fifteenth year of the 
 Reign of Her present Majesty, intituled An Act to amend 
 an Act to incorporate the European and North American 
 Bailtcaif Company. 
 
 12. So much of the said Act of Incorporation passed in 
 the fourteenth year of Her Majesty's Reign, and of the 
 said Act in amendment thereof, passed in the fifteenth 
 year of Her Majesty's Reign, as are inconsistent with or 
 repngnant to the provisions of this Act, are hereby 
 repealed. 
 
 13. This Act shall not come into operation or be in 
 force until Her Majesty's Royal approbation be thereunto 
 first had and declared. 
 
 16th Victoria, Cap. 3. 
 
 An Act to repeal eert«<ii Acta of Assembly Tor facilitating the constraetion 
 of the Earopbao and North American Railway, and to make other pro- 
 visions for the constraetion of the same, with branches and extensions. 
 
 Passed 29th October 1852. 
 
 BE it enacted by the Lieutenant Governor, Legislative 
 Council and Assembly, as follows : — 
 
 X. An Act made and passed in the fourteenth year of the 
 Reign of Her present Majesty, intituled An Act to facili- 
 tate the construction of the European and North American 
 Railway, and also an Act made and passed in the same 
 year, intituled An Act further to facilitate the construction 
 qf the European and North American Railway, are here- 
 by repealed. 
 
 2. When the European and North American Railway 
 Company shall make it appear to the satisfaction of the 
 lieutenant Governor in Ccimcil, that twenty thousand 
 
elected and 
 
 pounds sterling have been actually expended in the con* 
 struction of a principal line of Railway across this Province, 
 from the Boundary of Nova Scotia td the Eastern Boun- 
 dary of the State of Maine, or in the construction of 
 certain branches and extensions thereof, or of any of them, 
 or of any portion of them, that is to say, an extension of 
 the Trunk Line from some point between the Bend of 
 Petitcodiac and the Harbour of Shediac, or from one of 
 thosie places to the River Miramichi, which is to be con- 
 structed simultaneously with or immediately after the 
 completion of the road from Saint John to the Bend of 
 Petitcodiac; another branch or extension to some con- 
 venient plate at or near the Harbour of Shediac, in case 
 the principal fine shall not touch such Harbour; and 
 another branch or extension of such principal line of 
 Railway west df the River Saint John, from sdme point 
 between the City of Saint John and the Eastern Boundary 
 of the State of Maine, to the City of Fredericton, which 
 is also to be constructed simultaneously with or immedi- 
 ately after the completion of the Main Trunk Line from 
 Saint John to the Eastern Boundary of the State of 
 Maine ; then and in such case, the Provincial Treasurer 
 shall be authorised by the Lieutenant Governor in Council, 
 to subscribe on behalf of the Province, for shares in the 
 said Company to the amount of five thousand pounds v 
 sterling ; and in payment therefor, to deUver to the said 
 Company special Certificates of Debt, to be called Deben- 
 tures, bearing interest at a rata not exceeding six per 
 cent, per annum, payabte half-yearly, the principal monefy 
 redeemable in twenty years ; and so from time to time, 
 when it shall be satisfactorily proved to the Lieutenani 
 Governor in Council, that the proceeds of the Debenture's 
 previously delivered have been expended^ in the eonstrue- 
 tion of such principal line of Railway, or of its branches or 
 extensions as aforesaid, and that a further sum of at least 
 twenty thousand pounds sterling has been actually ex- 
 
1^ 
 
 
 J 
 
 8 
 
 pended in like mapner, the ProTincial Treasurer shall be 
 agaio authorised to subscribe, on behalf of the Province, 
 for shares in the said Com|)any to the amount of five 
 thousand pounds sterling, and also to pay in full for such 
 shares, by a further delivery of Debentures; provided 
 always, that the amount of shares subscribed for by the 
 said Provincial Treasurer on behalf of the Province, shall 
 not exceed in the whole the sum of two hundred and fifty 
 thousand pounds sterling, and that the route or location of 
 the principal line of Railway, and the several branches 
 and extensions herein specified, before being finally 
 adopted, shall in all cases be subject *o the approval of 
 His Excellency the Lieutenant Governor in Council. 
 
 3. The Debentures shall be in the form hereto annexed, 
 marked Schedule No. 1 ; they shall be signed by the Lieu- 
 tenant Governor, and verified by his seal of office, and 
 also countersigned by the Provincial Treasurer ; they 
 shall be numbered consecutively, beginning with number 
 one, and shall be issued in such sums, not less than one 
 hundred pounds sterling, as may be deemed ex])edient ; 
 the interest thereon shall be paid half-yearly in London, 
 and the principal of such Debentures shall be paid in full 
 at the end of twenty years from the date of their respec- 
 tive issues, to the then holders thereof, at the same place. 
 
 4. The certificates of shares in the European and North 
 American Railway Company from time to time received 
 by 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 shareholders in the said Company ; 
 and no interest shall be paid to or be claimed by the 
 Province, in respect of such shares, in consideration of their 
 having been paid for in full at the time of subscription. 
 
 5. The dividends accruing from the shares held by the 
 Provincial Treasurer shall be applied towards the pay- 
 
ment of interest on the said Debentures ; and at the expi- 
 ration of twenty years, when such Debentures become 
 due and payable, the shares not previously disposed of 
 shall then be sold, and the proceeds applied towards the 
 payment of the said Debentures ; provided that there shall 
 be no sale by the Province, of any share so held, below 
 the par value, until the expiration of ten years from the 
 time of the first subscription for stock by the Provincial 
 Treasurer. 
 
 6. The Lieutenant Governor in Council is hereby 
 authorised and required to advance Provincial Debentures 
 in the form specified in Schedule No. 1, payable in like 
 manner, by way of loan to the said European and North 
 American Railway Company, such loan being payable in 
 twenty years, with interest thereon payable half-yearly, 
 and to an amount, which, with the Provincial subscriptions 
 for stock, shall not in the aggregate exceed three thousand 
 pounds sterling per mile of the principal line of Railway, 
 and of its said several branches and extensions ; such 
 loan to be from time to time advanced as the construction 
 of the principal Railway and of such branches and exten- 
 sions shall progress, and under such restrictions as the 
 Lieutenant Governor in Council may from time to time 
 impose for the protection of the public interest, and to 
 secure the proper application of the said loan ; and such 
 loan and the interest accruing thereon, is to attach, and 
 stand, and is hereby declared to be, a primary mortgage, 
 or first charge, in favour of this Province, upon the prin- 
 cipal Railway, its branches and extensions, stations, 
 station houses, rolling stock, and property of every des- 
 cription, and shall attach immediately on the advance of 
 each portion of such loan, upon all property owned by the 
 said Company, and whether the said principal Railway, 
 its branches and extensions, shall be in course of construc- 
 tion, or fully completed, any law, usage or custom to the 
 contrary notwithstanding : and in order to ascertain and 
 
'i 
 
 *■ I 
 
 16 
 
 fix the amounts from time to time advanced to the said 
 Company, the President and Treasurer of the same shall 
 deliver to the Provincial Treasurer, on the receipt of each 
 portion of the loan, a certificate under the seal of the 
 Company, stating its amount in the Form No/ 2 in the 
 Appendix to this Act ; which receipt shall be sufficient 
 evidence of such primary mortgage, or first charge, under 
 this Act. 
 
 7. Subject to the payment of any previously existing 
 Provincial liability, and of the Civil List, the 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 the purpose of 
 paying off all such Railway Debentures, and the interest 
 thereon, shall be, and hereby are declared, pledged to any 
 and every holder of the same fbr payment of interest as it 
 becomes due, and fbr payment in full of the said Debentures 
 when the principal of the same becomes due and payable. 
 
 8. The Lieutenant Governor in Council is hereby 
 authorised from time to time to appoint during pleasure, 
 some fit and proper person of eminent standing in his pro < 
 fession, us consulting Engineer on behalf of this Province, 
 whose duty it shall be to watch over the interests of the 
 Province, in the construction of the principal Railway 
 herein before described, and its branches and extonsions. 
 
 9. This Act shall not come into force until Her Ma- 
 jesty's Royal approbation thereof shall be first had and 
 
 declared. 
 
 SCHEDULE No. 1. 
 
 [L.8.] 
 
 PROVINCE OF NEW fiRUNSWlOK* 
 
 No. 
 
 £ Sterling Debenture. £—— Sterling traniA;rable. 
 
 Under the authority of the Legislature of New Brunswick, 
 The Government of New llrunswick promises to pay, 
 in London, to the Bearer, the sum of Pounds 
 
M 
 
 Sterling, tvrenty years from and after the day of 
 
 ; likewise the Interest from the same date, at the 
 rate of Six per cent, per annum, to be paid half-yearly, on 
 the presentation of the proper Coupons for the same, as 
 hereunto annexed, on the day of and the 
 
 day of in each year, at in London. 
 
 In testimony whereof, I, the Lieutenant Governor, by 
 virtue of the authority vested in me in and by an Act of 
 the General Assembly of the Province of New Brunswick, 
 passed the day of 18 , intituled An Act to 
 
 repeal certain Acts of Assembly for facilitating the con- 
 struction of the European and North American Railway ^ 
 and to make other provisions for the construction of the 
 same, with branches and extensions, have hereunto set 
 my Hand, and affixed my Seal of Office, at Fredericton, 
 in the said Province, and the Provincial Treasurer has 
 countersigned the same this day of 
 
 A. D. 18 . A. B., Lieut. Governor. 
 
 C. D., P. Treasurer. 
 
 FORM OF COUPON. 
 
 Province of New Brunswick. Debenture No. 
 
 £ Sterling. 
 
 Pounds Sterling payable at the Office of , 
 
 London, being Six months interest on the above Deben- 
 ture, due day of 
 
 C. D., P' Treasurer. A. B., Lieut. Governor. 
 
 SCHEDULE No. 2. 
 
 The European and North American Railway Con^^any 
 hereby acknowledge to have this day received from 
 Treasurer of the Province of New Brunswick, the sum of 
 Pounds Sterling, by way of Loan from the said 
 Province, in Debentures, No. to No. 
 
 inclusive, under and by virtue of the provisions of an Act 
 of Assembly made and passed in the sixteenth year of 
 Her Majesty's Reign, intituled An Act to repeal certain 
 Acts of Assembly for facilitating the construction of the 
 European and North American Railway, and to make 
 other provisions for the construction of the same, with 
 branches and extensions. 
 
 This Certificate is granted under the directions of the 
 said Act, and in conformity thereto the Seal of the said 
 
12 
 
 Eusopean and North American Railway Company is 
 hereunto affixed, and the President and Treasurer of the 
 said Company have hereunto placed their signature this 
 day of in the year of our Lord 
 
 [L. S.] E. F., President. 
 
 G. H., Treasurer. 
 
 I These Jets were specially confirmed, ratffkd, and finally enacted, by an 
 Order of Her Majesty in Council, dated the 28th day of December, 1852. J 
 
 AN AGREEMENT 
 Made and entered into this twenty ninth day of September, 
 in the year of our Lord one thousand eight hundred and 
 fifty two, between the '* European and North American 
 Railway Company" of the first part, and William Jackson, 
 of Birkenhead and London, Samuel Morton Peto, Thomas 
 Brassey, and Edward Ledd Betts, all of London, in Great 
 Britain, Esquires, of the second part : Whereas the said 
 European and North American Railway Company have 
 been incorporated and duly organized, for the purpose of 
 making, constructing and finally completing a Railway 
 from the eastern boundary of this Province of New Bruns- 
 wick, in the County of Westmorland, so as best to connect 
 with a Railway to be constructed from the City of Bangor, 
 in the United States of America, to the eastern part of 
 the State of Maine, as the DliCctors of the said Company 
 in the exercise of their best ju«1gment and discretion shall 
 deem most favourable and best calculated to promote the 
 public convenience, and carry into effect the intentions 
 and purposes of the Act of Incorporation ; and such 
 Branch Railways to every or any part of the Province as 
 the said Company may deem expedient ; such lines and 
 branch lines being subject, nevertheless, to the approval 
 of His Excellency the Lieutenant Governor or Adminis- 
 trator of the Government for the time being, in Council : 
 And whereas it has been determined, subject to the pro- 
 visionq and conditions hereinafter expressed, immediately 
 
u 
 
 to commence the said work and to construct and equip 
 that portion of the said Road extending from the River 
 Saint John, at the Falls, not including the Bridge over 
 the same, to Shediac, and from some place at or near the 
 Bend of the Petitcodiac to the Nova Scotia Boundary, 
 completing in the first place the line between Shediac and 
 the Bend of the Petitcodiac: And whereas the said parties 
 hereto of the second part, have agreed to construct such 
 portion of said Railway at and after the rate of six 
 thousand five hundred pounds sterling per mile, upon the 
 terms, conditions and stipulations hereinafter set forth: 
 And whereas, for the purpose of facilitating the con- 
 struction of th^ said Road, the Government of this Pro- 
 vince have agreed to take stock in the said Company to 
 the extent of two hundred and fifty thousand pounds 
 sterling, payable in Provincial Debentures to be issued, 
 and payable at the end of twenty years, with interest at 
 the rate of six pounds per centum per annum, payable 
 half yearly in London, and subject to the sanction of the 
 Legislature hereafter to be obtained ; to loan to the said 
 Company to the extent of two hundred and twelve 
 thousand pounds sterling in Debentures, to be issued in 
 the like form, with principal and interest payable in like 
 manner in all respects as the said Stock Debentures are 
 to be payable ; repayment of the said last mentioned 
 Debentures and interest being secured to the said Govern- 
 ment by a mortgage or first charge on the said Railway 
 as such Debentures shall issue, in the manner and accord- 
 ing to the terms of an Act to be passed by the Legislature 
 for that purpose, by which it is contemplated to make the 
 said Loan Debentures and the interest thereon accruing, 
 a primary charge on the said Railway, its stations, 
 station houses and rolling stock, as the same may be 
 made and completed, and while in the course of con- 
 struction : And whereas the said parties hereto of the 
 second part have agreed to take stock in the said Com- 
 
14 
 
 pany lo the extent of seven hundred pounds sterling per 
 mite : And whereas the estimated length of that put ef 
 the Railwi^ about to be forthwith constructed is, froim 
 Saint John to Shediac, one handred and seven miles, and 
 from the jtoint of departure at or near the Bend of the 
 Petitcodiac to the Nova Scotia Boundary, thirty seven 
 miles, estimated in all about one humlred and forty four 
 miles ; the expense of constructing, finishing and furnish- 
 ing which, at the rate aforesaid, will amount to nine 
 hundred and thirty six thousand pounds sterling, or there- 
 abouts, accor^ng to die exact length of the line: 
 
 Now this agreement witnedseth, Thait the said parties 
 hereto of the second part do hereby undertake and agree 
 to build, construct and equip a first class single track 
 Railway, of five feet six inches gauge, along that portion 
 t)f the line of the said iRuropean and North American 
 Railway lying between the River Saint John at the Falls 
 and Shediac on the Gulf Shore, and at or near the l^end 
 of the Petitcodiac and the iBoundary of the Province of 
 Nova Scotia, completing the road between Shediac and 
 the Bend of Petitcodiac in the first place ; the whole 
 line hereby contracted for to be constructed and equipped 
 in a good, substantial and workmanlike manner, and of the 
 best materials, and in all respects with reference to the 
 permanent way, earthworks, grades, curves, bridges, 
 culverts, crossings, terminal station at Saint John, 
 road stations, rolling stock, sidings, turn tables, and 
 fencing where required, as set forth, specified and des- 
 cribed in the general specification hereto annexed, marked 
 *' A ;" the same to be finished, furnished and completed 
 to the entire satisfaction of Albin C. Morton, Esquire, or 
 such other consulting Railway iGngineer of eminent stand- 
 ing, as the said Lieutenant Governor or Administrator 
 of the Government for the /time being, by and with the 
 advice of the Executive Council, shall from time to time 
 appoint to superintend and inspect the construction and 
 
equipping of the said Road ; the said consultiirg Engineer 
 to be paid by the said parties hereto of the firet pajrt; and 
 which said Railway, when so completed, is to be deliTered 
 to the said parties hereto of the first part in good working 
 <Mrder in every respect, ready fi)r actual traffic and travel 
 witbotttt further outlay or expense to the said parties hereto 
 of the first part, on or belore the arrt day of July which 
 will be ia the year of our Lord one thousand eight 
 hundred and fifty seven : 
 
 And the said parties hereto of the first part do hereby 
 undertake and agree to and with the said parties hereto of 
 the second part, to pay for the said Railway and equipment 
 on and after the rate and price of six thousand five hundred 
 pounds sterling per mile, in manner following, that is to 
 say : When and so soon as the said consulting Engineer lor 
 the time being shall certify that work is done, and material 
 on the ground, to the extent of twenty thousand pounds 
 sterling, then payment shall be made to the said parties 
 hereto of the second part to the extent of ninety per 
 cent, or eighteen thousand pounds sterling: twenty five per 
 cent, in Provincial Debentures to be issued by the Govern- 
 ment in payment of their stock ; twenty two per cent, in 
 Provincial Debentures to be loaned by the Government 
 to the said parties hereto of the first part as hereinbefore 
 mentioned ; ten per cent, in Stock Certificates of the said 
 Company paid up; and the residue, or forty three per 
 cent., in Bonds of the said Company bearing interest at 
 the rate of six per cent, per annum, payable in London 
 in twenty years from the dates they shall be respectively 
 issued, in such sums as shall be required by the said par- 
 ties hereto of the second part ; and sp on, from time to 
 time, as such consulting Engineer shall certify, until the 
 reserves on such sums of twenty thousand pounds sterling 
 shall amount to ten thousan4 pounds sterling, which shall 
 remain and contiaue reserved till the whole of the said 
 work hereby contracted for shall be complete ; and in the 
 
16 
 
 mean time on each Certificate subsequent to such reserve 
 to the extent of the whole of each Certificate of twenty 
 thousand j)ounds sterling in like proportions as above 
 expressed of Province Debentures, Stock Certificates, and 
 Bonds of the Company : And on the said Railway being 
 completely finishe*! and equipped as aforesaid, and cer- 
 tified by such Goiisulting Engineer to be open and ready 
 for traflic, the said reserved sum of ten thousand pounds 
 sterling shall be paid to the said parties hereto of the 
 second part in like manner by a like proportionate quan- 
 tity of Province Debentures, Stock Certificates, and Bonds 
 of the Company : And it is further understood and agreed 
 by and between all the said parties hereto, that all land 
 required for locating the said Railway, and for the con- 
 struction or use thereof, temporary or permanent, shall 
 be provided by the said parties hereto of the first part, 
 whenever required by the said parties hereto of the 
 second part ; and further, that the said parties hereto of 
 the first part shall, from time to time, when required, 
 procure for the said parties hereto of the second part, 
 the consent of the Executive Government of this Pro- 
 vince to enable them to enter and go on and upon the 
 Crown Lands lying in the route or line of such Railway, 
 and to dig for, take, remove, and use any earth, gravel, 
 stone, timber, wood or other matter necessary for the 
 construction of the said Railvv ay, under, on or from the 
 Crown Lands contiguous to the said Railway, free from 
 any duties or charge therefor : And it is understood and 
 agreed that this Agreement and Contract is based on the 
 supposition and assumption that Iron rails can be purchased 
 in England free on board, at six pounds ten shillings 
 sterling per ton : And it is hereby agreed that should this 
 not be the case, any increase upon this amount will be 
 added to the contract price, and any decrease will be 
 deducted therefrom ; and with respect to chains and pins a 
 relative deduction or advance shall be made : And it is 
 
IT 
 
 further agreed that the road bed of the said Railway shall 
 be elevated as much as practicable and necessary above 
 the surface of the ground, to facilitate the removal of snow ; 
 and in the event of any alteration being made in the route 
 of the said Railway from the line as at present surveyed, 
 and the same should be carried either by the way of Loch 
 Lomond, or Carruthers' Lake, an equal number of Stations 
 shall be placed in suitable situations along such altered 
 line : And the said parties hereto of the first part do hereby 
 agree that they will from time to time and at all times 
 during the progress of the said work, when required by the 
 said parties hereto of the second part, by all lawful ways 
 and means enforce the full powers, rights and privileges 
 belonging to them for the benefit and advantage of the said 
 parties hereto of the second part, and for better enabling 
 ; them to construct and equip the said Road and carry out 
 I and fulfil this Agreement : 
 
 And it is further agreed, that that portion of the 
 
 |European and North American Railway Line to the 
 
 [westward of Saint John, between the City of Saint John 
 
 rand the frontier of the State of Maine, but not including 
 
 [the Bridge at Saint John, shall be surf eyed and the route 
 
 Idecided on as soon as conveniently may be by the Engineers 
 
 of the said parties hereto of the second part ; and on the 
 
 [said route being so decided on, the said parties hereto do 
 
 hereby, on the assent of the Lieutenant Governor or 
 
 Administrator of the Government for the time being, in 
 
 Council, being thereunto first had and obtained, mutually 
 
 contract and agree for the construction of the line to the 
 
 eastern boundary of the said State of Maine so decided on, 
 
 and for the construction of an extension of the Trunk 
 
 [Line to Miramichi, in like manner as heretofore specified, 
 
 [according to a similar specification, and upon the like 
 
 [terms and conditions, only that the price of such construc- 
 
 ftion shall be dependent on the work on said line or lines 
 
 [when ascertained by actual survey, but the basis on which 
 
 3 
 
16 
 
 such prices shall be deteritiined ihA\\ be ifa all respeets thb 
 saiiie as have be^n agreed upon for the road hereby cott- 
 tractecl for, ftnd payments shall bb khad^ for the sHine in 
 like prbportion of Prbvincial Debentures, Stock Certiicates, 
 and Bonds of thb said Company^ providl^d JdWays, that if 
 ihe price of the said Roads, or either of them^ shall ei^eed 
 six thousand fite hundred pounds iterlik^ jtor mile, ^ 
 Government proportion shall in no caise extend bejyond 
 three thousand pounds sterling per mile in baUm^ of the 
 two hundred and fifty thourand pounds sterling of Stod( 
 and Loan Debentures: And it is JFbrther agreed^ that with 
 reference to tA\ branches to Fredeticton, or eteewbere, iVom 
 the main Trunk Line, the aeaae i^atl, trtien mutually 
 determined On, and the assent of the Lieutenant C^bverinor 
 or Administrator of the Goverument for the time being, 
 ita Council, being first had, be constructed on the tt^^e 
 basin and terms, and in the same mantte^ in all reipects 
 as herein contained for the constructing of the said main 
 Xrunk . line, and the said extension thereto to Miramichi : 
 And it is hereby further agreed by and between the said 
 contracting parties, that when and so soon as any part or 
 parts of the said road hereby contracted for shall be made 
 and put in operation, any profit or profits arising from the 
 working of the said road or roads, so made and completed, 
 shall go to and be applied for the benefit of the said parties 
 hereto of the first part, in like manner as if the whole of ! 
 the said road shall have been made and handed over ; 
 |xrovided always, that the said parties hereto of the second 
 part shall be entitled to send all agents, workmen and 
 materials required for the execution of the works oyer 
 such portion of the said line as may be opened, free of | 
 charge: And it is further agreed by and between the 
 parties hereto, that in the event of any difierence or dif^pute 
 arising between them with reference to this contract, or 
 to any matter or thing arising or growing thereout, or in 
 any way relating thereto, all such matters in difiference 
 
shall be referred to the award, order, final end and 
 \ arb^triunenl of three disinterested arbitrators, to be chosen 
 as follows: one by the said parties hereto pf the first 
 paiit and the jB^ecutive Government of this Province 
 conjointly, pi^e by the said parties hereto of the second part, 
 I and the third by the said two arbitrators so chosen as afore- 
 said; the decision and award of whom, or any two of whom, 
 I in the premises, shall be final and conclusive between the 
 parties. 
 
 In witness whereof, the parties hereto c^ the first part, 
 have to th:« Contract, executed by both ^^arties in quadrupli- 
 cate, caused their Common Seal to be affixed and set, and 
 the same to be testified by the signatures of the President 
 land Secretary of the said Company; and the parties 
 [hereto of the second part have subscribed their names and 
 pffized their Seals the day and year first above written. 
 
 Pi. S.] 
 
 [L. S.] 
 [L. S.] 
 
 R. Jaudine, Preiiient, 
 Thos. B. MiLLiDQ^, Clerh, 
 
 Wm. Jackson. 
 
 Samuel Morton Peto, 
 by his Attorney, Wm. Ja(^son. 
 
 Thomas Brassey, [L. S.] 
 
 by his Attorney, Wm. Jackson. 
 
 Edward Ledd Betts, [L. S.] 
 
 by his Attorney, Wm. Jackson. 
 
 Signed, sealed and delivered in the 
 presence pf 
 
 John A. Poor, 
 George P. Sancton.' 
 
Fredericiottf 1st October^ 1852. 
 
 Sir, — ^In accordance with your request, I have the 
 honor to submit a few observations relative to the cost, 
 the earnings and expenses of operating some of the l<i3ading 
 lines of Railways in New England and New York. 
 
 The similarity of country and climate of New Bruns- 
 wick and the New England States, renders a reference 
 to the Railways of the latter for statistical information 
 more appropriate and safe, in considering the subject of 
 a system of Railways for this Province, than those of any 
 other portion of the United States. 
 
 I have therefore prepared a tabular statement, which 
 is hereto annexed, giving the length, cost and earnings of 
 17 different Railways in New England. These comprise 
 an aggregate length of 1095} miles-^or reducing them all 
 to a single track, and adding the branches, gives 14541 
 miles of single track Railway. The total cost of these 
 Railways is £14,806,618 currency, or averaging £10,179 
 per mile of single track. 
 
 These roads were mostly constructed, in the first 
 instance, for a single track, and ihe addition of the second 
 track was made after they had been someyears in operation. 
 
 The cost of the second track is much less than that of the 
 first, from the fact that but about one third more earth- 
 work is required for two tracks than for one, and a still less 
 increased amount of masonry. The cost of buildings, 
 machinery, d&c. &;c. for the same business is nearly the 
 same in one case as the otlier ; therefore, in reducing all 
 these lines to a single track, and dividing the cost by this 
 increased length of line, gives the most favorable view of 
 the average cost of these roads per mile. 
 
 The large station buildings of these roads are usually 
 constructed of stone or brick, but the way stations are 
 mostly of wood. 
 
* 
 
 The bridges are nearly all of wood, there being com- 
 paratively few arches of masonry or iron bridges. 
 
 Nearly half of the roads embraced in the table referred 
 to, are comparative^^ new, and tbeir connections are either 
 imperfect or but recently formed ; therefore, their earn- 
 ings appear small. 
 
 The business, however, on all of them is rapidly increa- 
 sing. Taking nice of the older roads, we find that the 
 aggregate length is 861 miles, and the cost is j£8,539,556 
 currency. The net revenue was JC648,515, or over 7| 
 per cent, on their total cost. The net earnings on the 
 several roads vary from to 6 to 91 per cent, on their cost. 
 
 From an examination of the Reports of Rail Road Cor- 
 porations made to the Legislature of the State of Massa- 
 chusetts for 1851, it appears that there were 1204 miles of 
 road constructed in that State, the cost of which is given, 
 to which add length of double track and branches, and we 
 have an aggregate of 1586 miles of single track Railway, 
 and the total cost of construction was £14,535,847 currency, 
 or £9,165 per mile. 
 
 The net revenue of all these roads, many of which are 
 competing lines, or unimportant lateral roads, is £820,096 
 or nearly 51 per cent, on their aggregate cost. 
 
 The Railways of Mai. <» were commenced at a more 
 recent date than those of the other New England States, 
 and they are as yet mostly in an unfinished state. At the 
 present date there are 407 miles of road in operation, which 
 cost £3,209,220 currency, or averaging £7,885 per mile. 
 When these Railways are completed and fully equipped, 
 • they will probably cost not less than £8,750 per mile. 
 
 Up to the year 1851 there wei^e in operation in the State 
 of New York 1632 miles of road, some of which had a double 
 track for the whole or a portion of their length, which, with 
 the branches, is equal to 2038 miles of single track. These 
 
7t 
 
 Railways cost an aggregate vf £18,284,858, whieh gives 
 an average cost of £8,971 pek mile of single track. 
 
 The gross earnings of these reads for 1851 were 
 £2,038,488, and the expenses were £925,806, giving a 
 net revemie of £1,113,182, or over 6 per cent, on the 
 total cost. The expenses of operating were 45i per ceatt 
 of the gross receipts. 
 
 The specification of the manner of constructing the pro- 
 posed Railways of this Province, submitted for my exa- 
 mination, contemplates permanent works and roads of 
 a superior character to those usually constructed in the 
 United States. 
 
 From the knowledge I have of the country, I regard the 
 price named in the contract entered into with Messrs. 
 Jackson, Peto, Brassey and Betts, as reasonable ; and the 
 arrangement for the accomplishment of the great object 
 desired, as altogether fevorable to the interests of the 
 Province. 
 
 I have the honor to be 
 
 Your obedient servant, 
 
 A. C. Morton, Conndting Engineer* 
 
 &«■. J. R. Partelow, Prot.'9Mr«taqr> 
 
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