^. IMAGE EVALUATION TEST TARGET (MT-3) 4 // ^/ :A CA % 1.0 U4 11.25 25 2.2 ■WUU IIIIIM llil 1116 V] /O/'^y. Il A l-,'^ ^iiliU Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. MS80 (716) 872-4503 f^ ^^ €x LV o^ ^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Irstitut Canadian da microraproductions historiquas Tschnical and Bibliogr^ phic NotM/Not«s tcchniquM at bibliographiquaa Tha Instituta haa anamptad to obtain tha i^aat original copy availabia for filming. Faaturnv of thia copy which may ba bibliographieaiiy uniqua, which may altar any of tha imagaa in tha raproduction. or which may significantly changa tha uaual mathod of filming, ara chackad balow. 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Th»s item is filmed at the reduction ratio chackad below/ Ca document est film* au taux da reduction indiqu* ci-daaaoua. ^OX 14X 18X 22X 12X 16X 20X 26X XX y 24X 28X 32X Th« copy film«d h«r» hM b^in r«produc«- n ON VPPRAL V T' r N Ei®LJITY. M«£». HENRY, PUtintiffa Attorney^ Mf^GHER^ Ornn^iM BaUway Oon^pany. BT SEDGEWICK, ifite Attormt^ Oenmd of Canada. , ^ > HALIFAX, K^«.r WM.i^bM»AB, Stkam Job Pwmtbr, Pjunce St. nBB I #f *1ip Mw^'"1 €ottrt of ^ovd Mr of in 1880. ON APPEAL KtiOM THE COURT IN EQUITY. THE WINDSOR MD AMAPOLIS RAILWAY COMPANY, Plaintiffs, Respondents. AMD THE WESTERN COUNTIES RAILWAY COMPANY AND THE ATTORNEY GENERAL OF CANADA, Defendants, Appellants. H. McD. HENRY, Plaintiffs Attorney. N H. MEAGHER, Attorney of Western Counties Raihuay Company. ROBERT SEDGEWICK, Attorwy of the Attorney General of Canada. HALIFAX, N. S. : Wm. Macnab, Steam Job Printer, Princf; St. 1880. Ni5 70] IITIDEJ3:. Pleadings. Plaintiffs' Bill Affidavit thereto Appearance for Defendant Company Answer of Defendant Company Affidavit to answer Order amending Bill Answer of the Attorney-General of Canada Evidence of Plaintiffs. Testimony of Innes "Sutherland Interrogatories to Reynolds, exjimined under Commission. Answers of said Reynolds Exhibit annexed to Reynolds' answers Interrogatories to Fissault Answers of said Fissault Exhibit " A" annexed to Fissault's answers Evidence of Defendants. Testimony of J. W. Bingay " Frank Killam . . . . ... . .......... " Addison LeCain " G. B. Doane ..'.'.' Exhibit A, Bingay s examination . " B. " page .. 1 C, D, E, Killam's examination F, O, H. I, J, " K, L, Interrogatories to Hon. Mr. Mackenzie. Crass-interrogatories " " Answers of •• <• . 10 . 10 . 11 . 18 . 19 . 19 . 21 . 27 . 28 . 28 . 30 . 31 . 31 . 32 . 34 38 47 49 50 51 52 63 77 78 79 80 81 82 83 85 86 CO 89 Ci^ Paok. rI.EADIITOB. Interrogatories to F. Braun, and his Answers thereto. . . 97 Interrogatories U> W. A. Hirasworth, an.l hin Answers thereto lOO Exhibit G. markeS7I. in pui-suancenf the povvranj author- ity of the said Act of incorporation, the G.nerninent of Cana.la, who by due course of law became the succes.sors of tlie Govermnent of Nova Scotia, in relation to the line 30 of Railway between Halifax an speed of the Company's trains on the Trunk Line and Windsor Branches shall not exo e0 lations and By-Laws, for the time Mng, in force thoieon ; and the authorities in using the W.n.Lsor Bianch for the purpose of repairing and maintaining it, sl,all at all times, observe the Regulations and By-Laws, for the time U-ing, in force thereon. 19.— In the event of the Company failing to operat.; the Railways h.-tween Halifi. v an.l Annapolis, tlien this agreement shall terminat,., and the au"thoiiti..s muv iu.- mediately proceed to operate the Railway between Halifax an.l Windsor, as the\ mav deem proper and expedient. 20.— Tht; termination of this agreement un.ler the piece.ling clause is n..t to piejuthce any rights which the Compay nipy now have. 2L— This agreement shall take effect on the 1st day of January, 1872, and con- tinue for 21 yeai-s, an.l be then renewed on the samecon.litions or such other c.mditions 130 as may be mutually agreed on. An.l the .said agreement has never been brok.m by the said Company, except as to non-payment of rent, as hereinafter mentioned. The said Company began accordingly to operate the said Windsor Branch Rail- way, in connection with the Windsor an.l Annapolis Railway, and to exercise the sai.l running powers over the said Trunk Line into Halifax, and,"'att]ie same time, neces- sarily increa.sed their rolling stock, in or.ler to perform the ad.litional service r'en.l.'re.l incumbent by such an extension of their operations ; an.l the said plaintiffs cntinue.l fully to operate the whole line between Halifax and Annapolis up to the 1st .lay of August last past, and never failed, at any time. t.. operate tl... same according t.. the 140 said agreement. The Parliament of Canada, ..n the 23rd day of May, A. D., 1873, passe.l a resolu- tion authoiizing the Gov. ■rnrnent to enter int.) ne.r.);i,!tions for the tran.sfer of the Windsor Branch Railway to reliable parties who wouli construct a railway between Annapolis and Yarm.yuth. The Plaintiff Company having eertai i equitable claims against the said Gov.'in- ment, a consideration of which they were unable to obtain at the lian.ls of tlie said Government, allowed a certain amount of the on.'-third tolls or earnings, ;es,.ived under the sai.l agreement of 22nd September, A. D. 1871, to fall into arrear,' with the hope and to the en.l that the (Jovernment woul.l allow the sai.l equitable claim, to 150 stand as an offset against the said one-third tolls or earnings; but the Govern nt declining to do so, and tlir.atening to resume possession of the said Windsor Bi-mch the .said Plaintiff Company, in Novemln;.-, A. D. 1872, paid the .said arreai^ .so du,- under the said agreement. Under similar circumstances, the .said one-third tolls or earnings were again alloweil to fall into arrear, and tlie Minister of Public Works made seveml applications to the Plaintiff C.)mnnnv tn )iav». fli<. V>ulono., o«f*i,..i i c__ii.. iu.. .* „ 5 0(1 that unless payment were made on or before the Istday of Octok-r, A. 1). 1873, the Government would resume possession of the said Windsor Branch. The Company heinp unable to provide the amount within the time stipulated, re(iuested a further delay, and the Minister of Public Works, on l)ehalf the said Government, accordingly 160 agreed to tnke no further action in relation to the s;ii I arrt.^ a, before the 1st day of November, A, D. 1873, his promise to this effect being given verbally to Thomas Reynolds, Es(|., th(^ agent of the Plaintiff Company at Ottawa, an.l also by telegram to Leverett DeV. Chipman, Esq., a member of the Dominion Pari lament of Canada for Kings County, in Nova Scotia, who wa.s also acting on U^half of the Plaintiff Com- pany. On the 22nd day of Oct .ber, A. D. 1873, the following Minute of Council was pas.sid by ihe Privy (\. until of Caiiadn, l-iit i fticial or other notice of this was given to the plaintiffs, either previous or sub.se()uont to its passing, by the Govrnment of Caiiadji, by an\ pn son or [..rsons on its belj.iif: "On a rep<,it dated 2Ist October, 170 1873, from the Honorable the Minister of Public Works, stating that the Windsor and Annapolis Railway Company have failed to operate the railway known a.s the Windsor Branch, inentioiird in the Oni<-r in Council )f the 22nd >Septeml)er, 1871, an.l to comply with the other tenns and conditions of that Order in Council, and now owe over S30,0()0 to the Government of Canada, and though repeatedly calie.l upon to pay, have failed to do so, and recommending that, inasmuch as the iaid Company have failed to operate one of the railways Initween Halifax an.l Annapolis, the Government of Canada, knoA-n as the 'authorities,' by t!,e said Order in Co ,neil, do proceed imme.liately to operate the railway between Halifax an.l Win.lsor." And the said plaintiff, say that the state- ment in the said Minute of Council, namely, that th.,y faile.l co operate cme of the 180 railways between Halifax ami Windsor, is wholly incorrect. On the 2(ith day of May, A. D. 1874, by an Act of the Legislature of Canada, .-ntitled : " An Act to authorize the tian.stVr of the Windsor Branch of the Nova Sotia Railways to the Western Counties Railway Company," the Wind.sor Branch, so called, was transferred, or the said Act purported to transfer it, to the Western Counties Railway Company, under certain conditions, as will appear on reference to sai.l Railway Act. At thr time when the proposal contained in Schedule "A" of the sai.l last mentioned Act, was made, the sai.l Minute of Council, purporting to cancel the said agreement .)f the 22nd .lay of September, A. IJ., 1871, ha.l not been pa.s8ed, nor as 190 far as the plaintiffs can learn, was the said Rep.,rt from the Minister of Public Works, upon which the said Minute of Council pur|)orts to be based, made until after the making of the sai.l last mentioned proposal. On the 20th .lay of June. A. D., 187.i, an agreement was entered into between Her Maje.sty the Queen, tepresente.l by the Minister of Public Works for the Dom- inion of Canada, and till' Windsor nnd Annapoli- Railway Company Limited, which agreement is in the words and toim t'.)llowing, tiiat is to say: — "Articles of agreement 1 ade an.l .-iitered into the twentv-s.-cond day of June '• ;« *.U., , „c r 1 ,1 1 - - - * "^ ' J-= Win.lsor an.l Annapolis Railway Company, (hereafte it ."lUuiireii dii.j sevyiitv-iive, between the calie.l the Company,) .)f the 200 6 ■•fii-st part, Hn.l Irt Maj..sty Qi,e,.n Victoria, r-pn.M..nt,-,I l,..r..i„ l,v the Minist. i ..f " Public W..rks of (,'ana.la, (liereafter called th.- Mini.st*-r,) of the seJoml part. " Wh, rpa.i, tl„! Coiupai.y wa.s on th.; Ist -lay of January last in.let.t. ,1 to tlir (iov- '• einu.ent of Cana.la, in a larjr.- .sun. of nioney, In^in- one third of the accrue.! gross "earnings .if the Win.isor Branch of the Intercolonial Railway, worke.j an.l maimj,'.-,! "».y the Company, un.ler an a.,rrueinent ent^Ted into hy them with the Oovern-ient " of ('ina.la, .lated the 22nd .lay of Septenil>er, A. I), 1871. granting the sai.l Branch " to the sai.I foi.ipany for twenty-one years, from the 1st .lay of January, 1872. "And wher.;a.s th.. Couipany have pn^ferre.! certain cl.iinis against the Ooverniih nt "of Canada, hy uay of .set-olf to such indehtedne.ss, hut which claims hav,. not l...n 210 " recognized or admitted. "And whereas, i* is foun.l .lesirable that the gauge of rails on the .said Branch " should be cLniiged from tlieir present .-i feet C inch uauge to th.^ star.lard .'au.'e of 4 " feet 8J inches. "^ ^ "" • The.se presents witness that tli.> sai.l Company, for the consi.l.Mation hereinaft.r " nanie.i, .lo hereby contract an.l agree to an.l with her Majesty, ivpresente.l as afore- ".said, that the Company shall an.l will, at their own cost an.l cliarg.., on ..r before the " l.st .lay of July now next, in a proper, substantial an.l workman like manner, but "subject to the approval of the Minister or officer appointed by him change the gauge "of the Win.isor and Annapolis Railway, an.l make it conform to the present stand- 220 "ardgaug.-abov.. nanuMi, ami deliver ,)ver to t'l- sii 1 Minister, or whom he may " app()int for that purpose, at such place or places as may ) Company t..> tlie Government 230 " of Canada, in monies aforoai.l, up to the 1st .lay of January last past, .shall be dis- " charged an.l extinguished. " That the Minister will .ieliver to the sai.l Company, at Wind.soi- Junction, !) '• stantei , vai v or interfere with the terms of the aiavement un- uei -.viiiLn tnc aaui v^uiupaiijr iiuiu iiic haui iiiancii iine; but tiiai ail monies accrued due "as»MMngon,.tl,inl,.f th. jjn.s. carniuKs of th. sni-i BratK-h. fn.n. th- tirxt day of January last, shall Ix. ,.ai,l \,y the Company t.. th. cmlitof th.. R.^eiver-(Jene,*l of anada, on or Ufor. th. 31st -lay of July n.xt, ,.„.! thereafto, tho,., accruing' shall iM, pa.,1 month^v, as provid,-! in tho sai.l a«r,...,„e„r, ,.,„l,., ^hich the C>o,„pany hoM ar.,1 work th. Branch as afonsai.i, which, ..xc..,. a. aforesaid, is herehy declared in lull foicf and cff.cf. ■' The Haid last-mentioned affroement was prepared under the direction of the MMHste. of Justue of Canada, an.i execute,! by the Minister of Fuhlic Work.s and plnv ihat th "■pi"'7«-':' ''' "•"''.'•"'"•'"^ "^ ^'"--•» -"' »•>' tl... Plaintiff ('•on.- 2o() panj. Ihat he Pla.nt.tf Co.npany, .n accordance with the said last u.entioned a,re.„ .„t, and on the fa.th of the san.e. changed the gau«e of rails on their railway ;"1 -IH.vered up to the MuuNter of Put.lie Works 14 sett« of pa..sen«er car tracks^ J Uoad .a..... engines, and 145 setts hroad gauge freiglr car trucks, and incurre-l very la ge expense .n ...aking arrangements to -arry out said agreement on their part That the plaintifls continued in exclusiv.. and ..n.listurbed possession of the .said Windsor Branch and c .ntinue.l to operate the same an.l pai.l the rent as hereinbefore s.t forth, until the hrst .lay of August, instant, when Charles J. Bry.l 1H77 jAMfJ* WkNTWoHTH BlNOAV, Esy.. Secretary W^nUrn Voantir^ R^idwaij <\,m,.,n!j. Yuruiouth, N. S. 8ir:~K. th.. S„lioit„r an.l Attorney of th.- \Vi„.No, «„,! Annapolis Railway the W.n.lsor Branch Ha.lway, of which tiu- W.-st.^n Conntios Knilwav Co.npany are now Hnrn.porly „, poss..s.,on. You an- herel.y -.otiH.-.l that, ,.n-e.s in th- uLntin.e provH onal H,ran...n>..nt ,s ,n„,K, .rantin,- th- p,ivi!.,,,. toth. Windsor an.l An„Hp..„s 300 Ra.I«a> ( on,pany tl... snui last-n.-ntioncl (Jon.pany will run an ,.n,Mne ovvr ih. s„i,i Bmn,.h i.n. fron. ^ ,„,Kor to Windsor Junction, on Tu..s.lay next, ,1... ninth instant. th ri r;"'" ';." w- "; '■ ^"\f""^''^'"'"^' '""••!";. I-w-rs.a,,.! is not int..n.ie.l U, waive th. n,:,i,b, of th.. Windsor an,l Annap,iis Railway Company to th. ..xch.sive p<,.s«e.s. Mion of th,. ,,l a,rree,„ents can,,, to the knowl...|,.. of th,. l>ef..n.iHnt ( 'on.panv. at or shortly after hey were ente.v.i ,nt.. r,.sp..ctiv,.ly, an.l that ti,.. sai.l l),.r..n,lant ( 'o.npanv had full kno\vled;re from tiiu.. to tin,., of the li-lits of th.. PI, ' 'Ifiintiff Company in ihe p,eii,ises. An.l ih,. plaiiititi's ehaii^'c :- l.st — That thr H;,^rv.n,. i,t of the 2:iii,i , , ,, ,, " ''".V ot .Sept.u.Ur, A. 1)., l«7l, l,a.s nev,.r b,.en legally cancelled, an.l is still in force, an.l th.. plaintiffs are entitled U.ope.ate the .said Win.lsor Bianeli Knilway un.ler th.. same. 2n.l.-That tl.. said .\et of tl„. 2(ith .lay of .May, .\. D., 1874, was not int..n.l...l to transfer, and .IH pot in fa..t t.-ansfer to the Defendant Company any rhdUs save .such a.s were hel.l hv the (;..ve,n,uent ..f Canada subordinately t,."the ri.d,ts of the pla.ntitls, un.ler t!,.. ^ai.l agr,.e,nent of the 22n.l .lay .,f Septemb.,-, A. D.,'l«71. ri^-.l 'ri,.,» :i' .1. : i' i , . . , • "'.'L '.'T ''' '''''' '''''"' '''''" ■''' l'''M"''^-^ '" loi.ri.n. wiiii or cancel a!,v of the plaintifl s iight.s, It i >iltn> rir,,, of the Parl-^m,.nt of Cana.la. sso 4th.— That if the said last mentioned Act is intra viren of the Parliament of Canada, and can be held to take away any of the rights of the Plaintiff Company under the said last mentioned agreement, the i-ight of the Plaintiff Company to running powers over the said Windsor Branch and Trunk Line still remains. 330 The plaintiffs therefore pray that it may be decreed and declared by this Honor- able Court, that the said agreement of the 22nd day of September, A. D., 1871, is a valid vnd binding agreement, in no way cancelled or vacated by any Order in Council or other Act of the Government of Canada, but that the .same is .still in full force and effect. And that it may be further declared that the said Act of the Dominion Par- liament, paased on the 26th day of May, A. D., 1^74, in no way affected the rights of the plaintiffs in, to, and over the said Windsor Branch Railway, but on ly affected the rights of the Government of Canada in such road, .subject to the plaintiff's rights, under the .said agreement and under the Act of Incorporation, passed by the Legis- lature of Nova Scotia; and that if the said Act of the 26th of May, A, D., 1874, 340 purports to do more than to convey the rights of the Government of Canada, subject to the plaintirs rights, and to affect the plaintiff's rights under the said agreement and Act of Incorporation, then that the said Act of the 26th day of May, A. D., 1874, may be declared to be ultra vires ot the Parliament of Canada. Also, that under any view of the said Act of the Parliament of Canada and under the facts disclosed in this bill, the running powers of the plaintiff over the said Windsor Branch Rail- way are still in force and effect The plaintiffs also pray that the Defendant Company may be ordered and de- creed to deliver up possession of the said Windsor Branch Railway to the plaintiffs, and that they may be restiuined by order or injunction from this Honorable Court 350 from further keeping possession of the said Railway and running trains thereon, and that an account may be taken of the full amount of the moneys received by the Defendant Company for freight or passengers on said road since the same came into their possession. And that until a final decree shall be made in this suit a receiver shall be appointed by this Honorable Court to take and receive all monies earned or to be earned by the Defendant Company or any other Company or persons whomso- ever. And that such further or other relief in the premises may be granted to the plaintiffs a.s shall be in accordance with Justice and Equity, and as to this Honorable Court shall seem expedient. Issued at Halifax this 10th day of October, A. D., 1877. 360 HUGH McD. HENRY, Atty. of Plaintiffs. (Signed) M. I. WILKINS, Prothy. 10 HALIFAX, SS. IN THE SUPREME COUR'T In Equity, 1877. Caiuit — THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plaintiffs. vs. THE WESTERN COUNTIES RAILWAY COMPANY, DefencUmts. 370 I, Elias A. DePass, of Kentville, in the County of Kings, Commissioner of the Windsor and Annapolis Railway Company, the Plaintiff Company, herein, make oath and say as follows : — First— I have a personal knowledge of the matters set forth in the annexed bill, or summons in this suit. Second — All the Htattiuents made in the said bill, so far as the same relate to or concern the Acts of the said Plaintiff Company, are true to the be.st of my knowl- edge ; and all the statements in the said bill, so far as the same relate to or concern the acts or deeds of any other person or persons, are true to the best of my knowl- edge and belief. (Signed) ELIAS A. DePASS. 380 Sworn to at Halifax, in the County of Halifax, this tenth day of October, A. D., 1877, before me, (Signed) P. H. LENOIR, Com. Su2>. Court, Co. Hdlifitx. HALIFAX, S.S. Cause — IN THE SUPREME COURT In E(iUJTV, 1S77. THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plaintiffs. THE WESTERN COUNTIES RAILWAY COMPANY, Defendants. 390 I appear for the defendants in the above cau.Mi. Dated Halifax, Octobti 22nd, 1877. Yours, &c. To the PlaintiHs Or their N. H. MEAGHER, Attorney of Defendants. AtioillfV. 11 IDEFEI>ri3.^ISrTS' -A.3SrS^W"EIi. HALIFAX, ss. Caune — IN THE SUPREME COURT, 1n78. In Equity. 400 THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plaintiffs. THE WESTERN COUNTIES RAILWAY COMPANY. Defendants. The .lefendants saving and resei-ving to tliemselves all and all manner of bene- fit and advantage that can or may be had or taken to the many errors, uncertainties, and imperfections in said Bill contained for answer thereto, or to so much thereof as they are advised it is material or necessary for them to make answer unto by N. H. Meagher, their attorney, answering say as follows, that is to say : They admit it to be true that on the second of May, A. D., 1865, the Legislature of Nova Scotia, by an Act 410 thereof provided for the construction of a line of Railway from Windsor to Annapo- lis, and that an agreement under date of the twenty-second of November, I86G, was entered inKj between the Commissioner of Railways for said Province and Punchard, Barry and Clark, which conU ued the clause set forth in said Bill. They also admit that the plaintifts were incorporated by the Act referred to in said Bill, as having been passed on the seventh day of May, A. D., 1867. They also admit that the agree- ment .set out in .said Bill was made Jjetween the said plaintiffs and the Government of Canada, on or about the twenty-.secony the said af,'rfcment was a failure to operate .said road according to said agreement, and well justified the making (,f said Order in Council. And defemiants ,say that iti other respects and in ad.iition to the foregoing breaches of said agreement, the i)lain- tiffs failed to operate sai.l road, and they aver upon their information and belief that the statement in saiew, diffeient and more stringent terms than those contained in the agreement of 1871, and they were suffered and permitted by the Government of Canada to remain in possession of the said u>ad, and to operate it .510 undei' -^aid temporary airaiigement, and not otherwise ; and the defendants insist that the making of such new arrangement for the operating of said Branch, and the con- currence theivin of the }.laiiitifi;s was a 'tognition of and acquiescence in the cancel- lation of the (greementof September 1871. That after the plaintiffs became awaie that the said Order in Council ha.i been pas.!h»ll pay to Weitern (^)nntica Kail- way Company s«ven per cent, of their jjross n-ccipts Uawoen Windsor ami Halifax .S70 (lurinf{ the first four yiara, and u-n per cent afu-rwards, juiyments to Ije quart, riy. 5. The WeMtem Counties Railway Company shall have the right at any time to enU-r and inHp«!ct, to see that the n)ad is efficiently inainUined, kc. (!. I^'ase may Imj forfeiteil for non-payment of rent, or failure to comply with other condi'ions. 7. SettleuK nt of disputes to U' left to arhitration. H. The agreement shall take eHect on 1st J.ily, 1M74. (Signcfi.) On Ix-half Western Counties Railway Company. F KILLAM. On iHlialf of Windsor \; Aimapoiis Railway (;um|)any, .inO E. A. DkI'ASS. OrrAWA, May IH74." Tlie said aj^M-eement refers to said Branch Railway and to no other. That the de- fenilants not having' possession of said Branch at the time, it was thought advisable by defendant^ to subudt said agreement for the approval .)f the Government of (.'anada which was done, hut the Oovernment refused to ratify or approve of said agreement, • in the yr,)un>l that xaid Branch lavinc.' »>een granted to the defendants upr had no Dower or authoritv to execute the same, or to agree to the provi.sions thereof, in so far as the same pro- fe.s.sed or purported to revive, confirm, or continue, or otherwise ratify or renew .!!lT)l»'t!on of t,hi»ir ^iJliil rr'ji,.-? a.n;? fl-.^ ^u—f.ir-.n-.^nf f Kiir^i.-.? irrV.i.-.Vi ^-i.-? ....^.i. i.. :„ n volvf large sums of money and which contrails liavo to a largo oxtcnt Ixcn carried out. That in Older to enable tlie defendants to carry out and perform their part of .said contracts and to pay .said contractors, antl otherwise to cairy on said undertaking they issued Vx)r.ds upon their said road and undertaking, and which said bonds are 060 now lield by divers thi d parties for good and valuable consideration in that behalf. That in order to secure the payment of said Ijonds so Issued, the .said defendants under and by virtue of the power and authority vested in them in that behalf, made, anOth June, 1875, in the form set out in the plaintiffs' bill, wa,s executed by the Minister of Public Works of Canada, but I .say that before the ext nition the-eof minute of the Governor General ii Council, dated 22nd April, 1875, was passe.l, whereby it was provided for certain reasons therein mention- ed that " until further ordered the existing arranjrement with Tiie Windsor and Annapolis Railway Company, In; continued." 700 The Windsor and Annajwlis (Company above referred to was and is the plaintiffs in this suit, anil 1 charge that tJie " existing arrangement " above mentioned was a temporary arrangement only witli the plaintiffs respecting the possession of and working of th(> said Windsor Branch line. I crave leave to refer to the Minute of Council of 2l' Vpril, 1875, ami to all the terms thereof. I submit that the said instrument, dated 20th June, 1875, was not and is not bind- ing upon Her Majesty in so far as the same purp,)rte.l to confer upon the plaintiffs any riglits with respect to the said Windsor Branch other than such as were deter- minable by further irder of the Governor in Council, and in .so far as the same pur- portetl to confer upon the plaintiffs any rights with uspect t.; said Branch beyond the 800 time when arrangements miglit be completed for giving possession thereof to the Western Courties Railway Company, as referred to in the second section of the said Act of May, 1874. I claim the benefit on behalf of Her Majesty of all the contentions and defences raised by The Western Counties Railway Company to the plaintiffs' bill, in so far as the same are applicable. 1 Submit that I am not a.s Her Majesty's Attorney General for Canada a neces- sary , r proper party to this suit, an.l I claim the same benefit from this objection if ^ had demurred to the said bill. I submit that the plaintiffs cannot in tliis suit obtain Her Majesty. my relief or decree against 810 1 pray to be hence disBiissed with mv costs of suit. (Sgd.) ROBT. SEDGE WICK, Atfy. for Atty. Oeneral. (.■^gd.) JAS. M< DONALD, Atty. Genend, Canaiia. tl Evidence of Peter Innes and Kenneth Sutherland. HALIFAX. MN. Cav^e — IN THE SUPREME COURT, In EvuiTv, 1878. THE WINDSOR AND ANNAPOLIS RAILWAY (•OMPANY. Plaintilfs. »20 VH. 830 THE WESTERN COUNTIES RAILWAY COMPANY, Defendant,. Evidence taken in the a>K,ve cause under an order of Reference made the.^in by his Lordship, the Judge in Equity, dated the twenty-seventh May 1J.78 -before William Twining, a Master of this Court, and examiner herein, at his office in Halifax Friday, 7th June, 1878, 10 a. m. ' ' Present,-Mr. B. McD. Henry, Counsel for Plaintiffs; Mr. N. H. Meatrher. (Jounsel for Defendants, and Mr. Jno. S. D. Thompson, do., do. Mr. Meagher, for Defendants, objects to any evidence being taken in this cau.se because the cause is not at i.ssue and the pleadings not completed. Peter Innes, {A Witne,, f^ PUdntiffa.) Sworn. Examhieri by Henry. I am general manager of the Windsor and Annapolis Railway Company and have been so since May, 1872. My appointment wa.s in writing, (^fr. MmgL oh- jecta Jo any evidence of witnem' appointment, it being in writing) Before that time I wa.s accountant and cashier from July, 1871. That appointment was al.so in writing. (S<,n^ of.ection by Mr. Meagher.) As manager, I have attended to the affairs of the (.ompany generally, and have seen to the efficient and economical work- in-j of the road. I have been the re.sponsible officer of the Company in this Province I remember the agreement of Sept 1871. I remember the Plaintiff Company commenc- ing to operate the road under that agreement. On the 1st Januarv, 1 872, we jfot posses- 840 sion of the i^d from Win.i.sor to Windsor Junction, with running powers L ..ITr, tmins from Windsor Junction to Halifax. We increased our rolling stock, and spent at ^ast sixty thousand dolla.-s i„ making provision for the efficient working of the branch We had more stock and plant than was necessary for workin. our own road' 1 he to Is to Government were not paid by us, as provide.! by the agreement until November, 1872. We had unsettled dsAi^^ .-..rnir,- .K. f-,-... .:.';"" the.r preventing our trains running into Halifax ; second. For uniefunded Customs duties, amounting to about six thou.sand dollars ; for two acres of land at Windsor- also, to Ih. relieved of liability for an accident to Edwin Blanchard, and other claims' i X f, Tl.at waK on.- n-a-ion why w.- did i,„t 22 pay the tolls ; and th<' ofli >• n-ason waw, that w.' H.M) "■■','""" ; "■■"'■'■ '"' ""• »™""Ui., .,f ,i„. „«.,, ,„ k,»p ,i„. „.,i „f,. ri,,. u,ii. m Ju . , l«7 1 h,. aKn.e,nent nas not U...,. brok-n by tl... Plaintiff Uou.pany except HiiO mad .ttic u.tly f,uu> Halifax to Annapolis, We nev.., ,an fewer „ain. than wa« Jfrr=ft=L:^^^^ atut7daTr half^:Hertr''"^ " ^^'T'"^" ? "' ^''^- '^^ ^"«- '-Xt H70 I mean Charles J Rrv I .i ^ 7' ^'^'^>'"''^ f"-"'" '"""'ng onr trains over the mad. forelb I . ^^ ^"'' """'*' «"P«'i"tendent of Governn.ent Railwayn He the trunk l.ne and prevente I us from running on the trunk line We atteum^d o exe....se our nghts of owne.hip on that line^t that tin.e anut Ihree months at fi't «90 Mitn we bad e.g... We never ran les.s than two trains each way per dav and f.v ^^y th.ee each way. We never m„ only one train per day i'tween Haiiflx I^ii \\md.sor except when prevented by .snow, or at time of change of gu" e We h^d SIX supenor English engine-. strr.r..-r»r m „....:_ .v.- .-. ""S*- '" Ku»ge. VV e had ,.1 e t ^. ^ ' ---^-' w»4«,.. **ii> 111 Cilia i iuvjiice. whirh w^rn ^f fl^o. ^alue of about fifteen thou.sand dolla. each, and four smaller engines of the val of four to eiyht thousand dolla.-s uael.. The pa.s.senger car. were lair, and the freight earn weie .superior. There was sufficient rolling .stock of all kind.s to carry the traffic We always had a snow plough. With the English engines, we did not require to .,.se a snow plough ,so frequently, as they were so powerful. Our snow plough was specially nmde to suit our engines. It was superior to the ordinary snow plough, and was 000 affixed to the engine, which gave it more power. The engines and cars were always k' ;.. in order. We had more cars than could carry »11 the freight offering Never knew of any complaints made l.y the Government as to the way in which the road wa.s operated by u.s. My .evidence a.s to the operating of that road applies to the operating of the whole road from Halifax to Annapolis. The Defendants Company are still m pos.se.ssion of the road from Halifax to Windsor. It took a day and a half to change the guage. We changed the guage on the line f.om Wind.sor to Annapolis at our own expense, and the Government ehanijed the guage on the line fion. Halifax i^irnno . ; I " ^'"'^■^^ '^''^'fe'^ '^*' ^''"'Kin^- the guage cost our Company about «ilO.OOO, but there were other expen.ses entailed by th.. change of guage which were 910 charged to working expen.ses, probably from S:4()00 to $rmo.--Uhject,'d to h,, Mr Thmnmov.) We had to alter the cars in c..ns,.,,n,.nee of the change of guage^ ami that wp.s charged to working expenses, because the stock was thereby improved I got no notice from the Government of the cancellation of the Lease. Cross-examined by Mr. T/iompson.-My appointment as manager was in writing 1 have It at Kentville. Mr. Elias A. DePa.ss was commissioner of the Windsor and Annapolis. I had no knowledge of that fact until Nov. 1873. He ceased to be such comm.,s.si.jner in January or February last I think he came to this country in May l^J.i He held no office in the Gompany between Mav and November 1873 Am' not aware of any regular duties done by him during that time. He interested him- 920 ■self to endeavour to get the tares and rates increased. He assisted mo in doing so He did not ivceive any remuneration .luring that time. No monies paid him between tl.ose .iat, .. that I know of, nor anything paid him for expenses that I know of I am speaking from memory. DePa.ss held no other office. I believe he had a power -.1 attorney at one time from the Plaintiffs. I saw it. Not for more than a year past^ 1 do noi know where it is ; it is n<..t under ,„y control. DePass is now in New iork. At time of cancellation of the agreement, I hink he was on the way to, or in, Ott/ Mr. Hrun/. Aiim'er—l received no sueh notice from the Government, nor from my own Coin- paiiy. I heard of something like that from Mr. DePa.s.^ and from Mr. L. DeV. Chipmsn. Neither DePass or C'hipman showed me a copy of the Order in Council to that effect; but 1 did see one. It was in December, 1873. It came in a letter from Mr. Killam' to Mr. DePass, and DePass being away I opened the letter. When I saw the Order, I was perfectly astonished at the grounds on which it was ba,sed, and at once commu- nicated it to my Company. I believe that was the first intimation the Company had of it Cannot remember from what part of the month of November DePa.ss entennl on his duties as Commi.s.sioner ; nor from what part lie commenced to be paid. Cannot say that when DePass went to Ottawa he went as Commissi.jner of the (.,'omi)aiiy ; nor whether he ha.l received his appointment as Commissioner be- fore he went Nor do I think he had been appointed ConiMiisMoner when he went It was about 20th October. I have not in my posse.ssipn, nor under my c(mtrol, either here or at Kentvill.', any power of Attorii. y from the Company to Mr. DePa.ss, I was informed of the cancellation of the lea,se by DePass aiwl Chipman about the time of its being ilone. It was by letter from Chipman and by telegram from DePass. The telegram came fii-st, the L'tter afteiwaids. The ehang.- of guage was made at the same time from the Windsor Junction through to Annapolis. Our giia^-e was maile to correspond with that of the Intercolonial, (^annot remember tiie number of stop- pages on account of snow ; nor how long they respectiv.'ly eontinueil. The tiains were several times lilockei' for more than om- day on account of snow. The snow !>S0 plough was construete ; three compo,site, and two posf.il (two second anii iia-gage were not quite 970 ^5 finislied at that time) ; I think abot.t forty t<) forty-Hve box cars, aiu! about s.venty Hat cars; ten cattle cars are inclutlud in the boy cars. In October, 1873, wr had JIOO same number of enyine.s and passenger cars ; and, I think, about tw.^nty extra box and flat cars. No increase subse,,„ent to that. That is the stock we base now on liand. Those twenty extra cars cost us about S14,<)00. We made no attenijit to run our trains aftei' the Government took possession of tfie line. I .lo not know what dutie.s devolved on DePass as Commissioner. I never saw his authoritv as sucii. His p.jwei- of Attorney was for a speciHc purpo.sc. The duties that DePa.ss performe.l as Commissioner were to try and .settle the diiferunces between the Government ami the Company. ])o not know of any other .hnies lie iiad. The adjustment of our mutual claims in June, 1875, which I referred to in my direct examination, culiuinated in the agreement. DePa.ss was not at Ottawa when that agreement was signed. It was 1000 signed in Lomlon by the Cllmpany. The negotiations which culminated in that airreeinent were eondiulod by Brydges and DePass, lx,th by letter an.l bv personal -nteiviews. Wo had one snow plougli on our own road regularly, and sometimes other appliance.s. We had our engines, cowcatchei-s fitted up so that they would throw snow. I had no monies specially to pay thos.. tolls with, except when 1 drew out „r the roa.l. In November, 1872, when the payment was made lu (ioveiniuent the money was laised by the Directors in London. I think thev paid it themselves' without raising a loan. The arrears up to January, 1 875, were mver paid; they were cancelle:Th,.apson~Th. Uovernuient cleared the Brand, line of t^o 3ea,-s before. I saw the maker's name and the date on one of then, Their na u s were, the ALnMu. the Grand Pre, the Gasj^reav^, Blawatl.a, Gain J and dates on all of them. When I wa.s stationed at the Junction I did not travel the ■oad much; never but once. After May 1st, 1872, 1 travelled over the whole Ine never e.ss than twice a week. Cannot tell the amount of rolling stock that w n t Government at time of change of guage. Qi,^Mion~W.re the wheels of" the locomotives changed before thei.- t.ansfer to Governn.ent.— 06>ecferf to by Mr. Henry. "ansrer to HOC AnAiUfit^ T A, -•fc u.L'out Liiat. Sworn, &c., &c., 7th June, 1878. (Signed) W. T., M. S. Ct. i uo not know it troni Mr. innes. K. SUTHERLAND. 3H Interrogatories to Thos. Reynolds. 1. What is your occupation, and 'vhcio do you rtsidt- ' pany'an."wInT' "" """' " ""''''" "' ''''' '^"•'^"■' •^"'' ^""*'""'' ^"^''y ^'»- v„..r'**' ♦/" T'"''"" '" ""'•*' '^"■' ^"" ""'P'^y^"'' -*"•' wl'at was vour authority ' If 1110 ourauhonty wa.s.„wnt.ng,pro<]uce the writing to be annexed to th.,- ansi.rs U> iiii'st' Intel rogatories. *^ "»•' y;;" anything to do in relation to any claim of the Windso, an.) Anna- !he.V,!f'ar^ '''''^""^' "*■""'"''''" (Wrnmentof Canada, ami what claims were 5. State what you did with the Govem.nent in relation to the matter in which you were acting for the Windsor and Annapolis Railway (Joinpany. «. What interviews had you with the Minister of Public Works, and what took place at those interviews, in respect t.j the Windsor Bianch. 7. Had you any interviews in particular in which the said Minister made any 1120 promise 01 undertaking through you. t« the Windsor and Annapolis Railway Com pany in re ation U- the threatened takin., of the Windsor Branch by the Government > oVpuirwotksT '"'"■^'^■^'' ""'' "'" '"-' ''^^" f^^-"'-'' ^y ^'- *^•"•■^^'• cauHe^^tl ?.r"' ''"'" °^'"^ rf *■ '"■ '^'"^' '''"'^^•"^' ""* '"*^^--« '" question in this cause, that they may tend to the benefit and advantage of the plaintiff herein, besides ^^hat you have ix^en interrogated upon > Declare the same fully and at lan^e .,nd all circumstances an.i particulars relating thereto, to the best of your knowledge, as if you had iMj.in particularly interrogated thereon. Evidence of Thos. Reynolds, taken at Reviere Du Loup. uso 1. My na.ne is Thomas Reynolds. I an. Managing Director of the St. Lawrence an,| Ottawa Railway Company, and I reside in the city of Ottawa. 2^ I began acting for the Windsor an.l Annapolis Railway (Company on the 2.5th day of October, 1872, and continued to do so up to the 12th March, 1874. 3. I was requested to act for the Company in relation to certain claims o' the Oovernn.ent on account of tolls d.ie to the Government by the Company, under the .'9 aylfllnnit 111 li-HSf ilf till' •'•'nil .,(■ S.i,!. i.ili. 1 ls7i- ,.l . . r --" ' '" •^' I'l""'" I. 1^' I . IiNm oil UC.ollMt of (•..itHin conn .1 Hhiiiis wl„,.h tl„. .•,„„j,„,^. ,„„| „,„i,.,, ,1,.. r.uvr,uuu;a. Th- only HUtlionty ■ t'".n t 1- ( uiupan.v wlii.-l. I 1,«,| i„ wli.i„^^ is ointain..,! i„ .|„. |,.tt..r fr..,",, tli.. rhair- man ,if „i.. H.«n! „f Di,..,,,,,. .,f ,l„. C pany, wliid. I „.,w ,,r...iu,-. a« iv,,uin.,l I UO i. Til., rlaiiii. of ,1,.. ( ■ ,„,„v aj,.un.t tli- Coy.., i,i,.,,it. wi'l, vvhi.-l, | 1,h,| to do w.i.. for tl,. loss .,t an -n^in.. an.l a fi..i;;tit .ar l,„n....i in tli.. ..nKi„.. sl„.,l of the ;:"'■; ;'" ■ ^"' "'"'"^' ^""■'^ ''"'""^-l i- "-> H,...i,l,.nt „..«.• th.. •Tlir.... Mil.. Plan.' U.n.lsoi H,,.,...,, nn,),.. ||,|,.|,„„.,.,,, ,H72.Hlsofoi„n,.n.,n..,|«n.a....l.na..ollision ■■•"' ll-"ax, „n ,1,.. 2lnl, .luMuaiv. |,s7:i, „n,| „U„ f,., „ „,,.,„ ,., , ,,^, ,,„,.,^ ^^,^,| tor siimiiA , ill. I iiialtiis, ■>. I ,n,I..Hw„,.,l ,o .,l,ta,n , on>i l,.,,.noM l,y ,l„. (Jov-ni „, an.l to ol,„..n Uni.. i..r tlu. ( o,n,miiy to ,,ay tl.,. arr-ais ,., ,olN ,|,„. ti.mi tl„.|,i to ,l„ ( lov,-, i„u,.nt. "'"'.' "'" 'jHt I -Krain..,! xt..ns,on of t, .,„ f, ,. ,!,.. ,i.,ynnn, of ,1,.. tolls in .,M.s,..,n an.i l,a.| i.ason to ...xpLct that a favoruL,. con.si.l..rat.on wo,i„l 1,.. .n-.-n M thf lonipaiiy s claims as a sitt off 7. On tlu. 2()tl, ()ctol...r, l,s7.T 1 ha.l an ii,,-.rvi..w ^vitl, ,1„. Ho„on,„„. Mr Lan- .'.vin. Min,st..r of P,.,.,i.. Works, actiii, for ,1„. . ;oy„rn,.,..n, of Cana.la, ^vl,..n h. -.n.M.. n,.., act.,,, on ...half of ,■,„ Wi,:,,.,r ai„l Annapolis Uailway Companv, tl-t,,f th.. arr..ais of toll, th.n ,1,„. w,.|,. pai,M„.forc th.. 1st Noy,.|„l,.., th..n next ensuing, no action vvouM I,., tak,.,. liy th,. ( ;ov,.rnu„.„t in r,.sp..ct tl,..ivof. H. I ,lon.. kn.ivy of ai^ tliin„.l n which 1 .-an ^iy,. infor.nat.on in r.-lation to tl c " Mulsor anil Annapolis ( orniiany's affairs ,.vc,..,f .1,... fi i . > \i;„; , fD 1.. wr , ' • "™"^' <.\<-.pt that thf proinis,. i,,ai C hy th.. IIGO M st,.r o Pnhhc Uorks, ,l..s..ri,.. ,1 „, my answ.r to ,h.. last interropaory was not ulhll,.,! tor two .lays a.t..r that pron.is,. was .iy,.,, nam.ly, on tlu- 27th of Octoher, , VV V'^u" ;•■ '"^'"r"' ''"* '" '*•■''"'■ '" ''''""^•" ''-' '«-npas,s..,l, transferrin,, tl,. Vtn.lso,. Branch t.. anotli..r Con.pany I ncy..,. r......iy..,l tlu- sli.ht..st .ntimation o the cxistenco or sul.mission ,if th,. ivport on which that or.lcr in council was allcgci to Ik. foun.lcl, until sou,,, tin,,. aft..r the latt..r ,late, an,l I then first hear.l of It intonnally from a per^;on not connecte,l with the Government. T. REYNOLDS. ■■ii) Letter referred to in answer to Interrogatory Number 3. Winilsor & Annapolis Railway ('uiupany, HiiiiiU'd), 2i Uieat Winchester Street, London, June oth, 1H7.S. Tim,, ax Reijnoldit, A'siy., St. Ldwrencf. (ivd Ottawa RdUway, Oftdu'n. Mv Dkau SlH,— Your letter of the fStli ult. to Mr. Robinson, on the suhjeet of thi.s Company, lias been perused with much satisfaction by the Directors, anil they »»■«,' to tender you their best thanks for the lively interest you have taken in the c.iii- 1170 With reference to the tolls due to the Dominion Government, Mi-. Junes writes tliat he hv nromised payment of SIT.fJI.S in the cou-se of current month. In doini,' IISO tills, we a, ■bend that he reckoned on our success i raising' the additional capital ■if t:i()0,0()0, i,o accomplish which we have been straining; every n.rvr tli.- last few months. We had mad. ,at pio;rivss in this, hut cur course has b.^eii checked bv a series of ur.'nward circumstances. Ki>;,'aidinir tli<' stateim-nts madr in the Local Housr of Assemblv, nothini; can be more false than the suggestion thrown out by the Company's enemies, tha? we are not honestly and sine, rely .lesirous df fulfilling all its .ibligations towards the Govern- ment and the public. Nothing, as you aie aware, but the want of capital, prevents the Company from repairing and .stocking the line, and paying the tolls with legu- larity ; and had the Company been aided and supported liy t!ie Government and the 1190 I'lloiiy, the iieedfiii fiitei-. would have been raised: but the opposition from which it has sutiered. has impt.drd its .■vimt .step, and injured its civdit in the eyes of the Biitish public. In this emergency, T am comjielled, not only t.i inv ' youi friendly olHees with th.> (iov.rnmeiit .f the Dominion, and ask from ther ii exU'Usion of " time for the jiaymi^nt .if the t.ills, but also to ask y.iu kin.lly to a.Kise the H.iard as t.i th.' course which tlu.y shoul.l a.l.ipt ivganling the res.,luti.,us ,jf th.' Xova Scotia House of As- sembly, of which I ann.x a copw 1 am, my .l.ar Sir. Yours viiy faithfully. .lt)lL\ FIELD, C/nnnnan. 1200 81 Interrogatories administered to H. A. Fissault. 1. What is your occupation or profession, and where do you reside ? 2 Have you ever seen the paper writing presented to you, an.l was it duly ex- ecuted in j'our piesence ? ••i. Whose si-natures are to the said paper writing, and in what capacity do the parties whose names are to the said paper writing act, respectively > Answers of H. A. Fissault. To the first interrogatory the said deponent saith : 1. My occupation and profession is a Clerk in the Public Works Depariment of the Civil Service at Ottawa, an tV.'t si.x i,H-',.s .^suv^r t.) th.- standiird ll'l-O gauye of four feet eight an.l on.- half inches : 77»w Pn'^r^f^ Wlti>es>^, That the sai.l Company, f,)r the cuisi.h.ration h.Mvin- after narjied, .l.j h.'ivhy c.mtra.'t an.l agre.', t.) and with Her Majesty, i,.pivs,.nt.'.l as af.jr.'sai.l, that thi' Company shall an.l wi;;. at their .,wn cost ami char-.'..)n .,r h,.f.iiv the first .lay .)f July ni>\v next, in a proi).'r, sul.stantinl, and w.irkmaidike mnnii.'r. hut suhjecr t.) th." appr.ival of th.' Minist.'r. ...■ ..'?ie.r ;ipp.,int,'.| hy hini, chauuv tie- gaugv .jf the Win. l.s.)r anil Annap.)lis Railway, iiii.l ni;iki' it eonl'orm t., th.' juv-ent st.in.lar.l .j;auge ahove nam.'.], an.l .hdiver ov i to the sai.l Minister. ..r wh.m: he n:av app..iiit f..r that purp.ise. at such jilaiv or ]ilac.'> as may h. fix.'d. nin.' l.roa.l -ani:'.' I.>comotive engin.'s, f.jurteen s..tts ..f l.io.-nl ^'auLT.' ii.is~.,.nger car truekv, .■,ti,i ,,nr |2.'>0 hun.lr.'.l an.l forty-fiv.> s.'tts .,f hr,,a,l gau-'e fiviu'ht car trucks an.l als.. .-xecut.. ami .lelivir a r.'lease of all claiins ami d.inaiels wh.-it-.iev.'i- against Ihr Maj.'stv .,i- th.' twenty -fourth day of August, one thousand eight I hundred and seventy-five, in the presence of J (SEAL) Approved, signed and sealed by the Minister of Public Works ri Canada, and countersigned by the Secretary of said Public Works, in the presence of H. A. FISSIAULT. JOSEPH BRASS, 1280 Director. WM. ROSS CAMPBELL, Secretary. A. MACKENZIE, Minister of Public Worlca of Canada, F. BRAUN, Secretary Public Works, Ottawa. u HALIFAX, SS. IN THE SUPREME COURT, In Equity, 1«78. 1290 Cause — THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, I'laintiffs. m. THE WESTERN COUNTIES RAILWAY COMPANY, Defendants. Evidence taken in the above cause under an Order of Reference made therein, dated the twonty-seventh day of May, 1878, before William Twining, a Master of this Court and Examiner herein, at his office in Halifax. Thursday, October 17th, 1878, 2.30 a. m. Present — J. S. D. Thompson and N. H. Meagher, Counsel for Defendants ; J. N. Ritchie and H. McD. Henry, Counsel for Plaintiffs. 1300 James W. Bingay, a witness for Defendants, swm-n : Examined by Mr. Thompson — I am Secretary of the Defendants Company. Have been so since 16th December, 1S71 ; immediately after that Company was formed. As such Secretary I have possession of the record books, books of account, and most of the documents. The Order in Council referred to in the bill in this suit was made in October, 1873. I was in Ottawa at that time. The President, George B. Doane, the Treasurer, Frank Killam, and one of the Directors, Wm. H. Moody, weie in Ottawa at that time. We made to the Public Works Department, in Ottawa, a propo.sition on the 20th October, 1873, an, sI.tiiii;;, .tiMUiMM) .St;,'.j liv tlic Defiii.l- ants Co.npany. I think ihry wic .Int-.l 1st Nov,,,,!,,., Ih?.".. an?! tl„'v wcr.. issur.l iiLoiit rnd of 1M75, or iK-jjiniiinj,' of lM7(i- l«foiv this suit was (•omiiii.mi.vpl,-f ion or tl„. K:iilw;iy of the said last m,.nti.,n.d ■railway from Annapolis t.. Yarni,,uth ; 'lo-,th,r with all ri^dits, privil,-,s ami running: powrs over th,' lnt,.rcolonial Railway JMiw.'.-n Halifax an,| \Vin,isor •Fumtion, accruin^r to til,' s,u,l (,'oinpany, to-,th.r with th,- afor,sai,| ri-ht to ih,- said Windsor Hran(di, nn.l.u an,l !,y virtn,- of an A.f ,.f th,- I'arlian.,^it of th,- i»omini,.n of < 'nnn,la, .nitithil "An act to auth.uizc the transf.-r ,.f the Wimlsor • Branch of the Nova Scotia Railway to tli,' Wvstcrn C.nntics Railway Con. pany," ■ and nn.lcran.l l,y virtu," ,.f an oi.ici of thr HonoraM.- I'rivv C,,un,'ii of Canada, I.S70 • hAy mad.. an,l passc.l nn ttic .'lOtli ,lay of (lct,)l,,.r, |.S7a, an.l r.-f.-rr,'.! to in the sai-l A,t ami in th.- scli,..lu|.' ther.'to app,n,I,..|." A C,)i,y of tliis mortga-,. was aft.rwar.ls pui in 1,\ e.,ns.-nl an.l i. niark.-.l ■C— \V. T. Cur Company nia.h^ the prop,)sals (>m SSn,! (Vt. Ifs7.'?,) wliich are mention,,] as Jirst and ,w„//,/ in schclule " H" ,.f Cliapter Iti of Acts of |,s74, h.,fore r. f..rr,.d to. Our Company ent..ri..l intt. a contract with Shanl.y V FlMnk,.tt for th.- om- pletion of th,. Railway from Yarnuiiitli t,) Anna]..):is. It was .iitt.r,-.] into 21st Oct. lf<7:), for th.- following' c,)nsi,lerati,)n.s. Th,.y aie s,t f,Mth on Pai^e '2 of th,' ])rint.'d contract n..w j.r.),luce,l fi.ni Lettcr.s ■ A " tu ' H" as will fully app-ar l.y nlVn-nc- 1.S80 111 such contract. A coi)y of thi contract is put in hy con.s,.nt ami is marked ' 1) — W, T, That moitxaj,'e wa.s ;,dven, th,' li.m.ls were isMi.-.l. an.! that contiact entere.l int.. in ^'oo.l faith ami with the l.,.li,d' thiit .uir Comjiany lia.l power t.) .1.. so. ('■■<>'<>f-Kj-<(viiv,;n»j n. Mrl). Hn,r;j~Thv pnp.-r ref.-rred t.. hy nie which ha. h-.n aliva.ly ].ut in niaikcd ■ A " was a ,lrnft . f a La-, to 1- sij,'n,"d. J never saw any written aiith.uity t,. Mr. DePa.ss, to act f , r th,- I'laintitlk Cumj.any. l),.Pass ,)n th,. interview spoken of hy me was accmipani,.,! hy Hon. Jas McDonahl, as his I,i.;.al Counsel. I do not know in wlujse handwritin-,' that ,lraft ,.f h-as,. is. I heliev,. it t ' h,. in the handwiitiny of .said Jam.s Mcl),:)nal.l. The ne-..tiati.ins w.r,- simjily LSStO tills,., 'They iv,|ueste.l a l,.ase from us upon the terms nientioiie.l in that iliaft." '^ m ;r .lo not tlnnk tl.e tenn.s we.v diseus.se.l at aU-Sin.ply the ..u.stion of loa.se or no as. The lease of t he W.n.l.or Branch fron, the Govern.nen't to Plaintiffs Con.pany .1 1,^. ..anc..l!e.l. f h..t knew of the lease of 1871 a short time after or afx,u the tn e of the p.ss.n. of the onler in (Council. I ,nay have known of it l-fore, ..„t I o o re.nen.ber I .lo not know that T ha.l any know!e,]ge of th.- iea... of 1871 at the nu we n.a.le he proposal of (,et. 50, 187.S. I presume I „„.st have known then ,f H. tenns .:n wh:ch the Windsor an,! Annapolis Railway were operating the Roa.l ^/'.^.s I mean to say that 1 knew that the Plaintiffs Ci-^-- and Treasurer of the Defendants in oftTsT- A -;v--nce the organisation of the Co.npany. I was in Ottawa "n^e on other . "'"'" T """r"''"^' ""• ^ '"'"P^"^' '''^^ ^"^ ^'-^ t»-'- ^ wa.s r tro t wa '" " ""•"""' "'"' ^'"^ ^■•"""''"«'^- Tl'at Co.nniittee wa.s Chap 1 "74 T ' rr": \' "^^ ""■ '■'■^^''^^'"" ■■^■f-'-' ^o in the Act, ^o I ,n. Th Lonninttee .net son,e of the nunisters at Ottawa. I was present when u., d sc,..s.sed the ,,u..st.on of the tran.sfer of the road to our Con.pan y a, 1 a ■.a Mini, that the .ainti. c pa^ ha.l i::ij;:^t::t:j .r:^:. :^t vs. XiZ„T/'"^ ":'. ''^-'' '''"'"'■■ '■'''"' '^^1'- business tl^: 1440 t . ^, t , M „,ste> to con.sent to an uk-vz ;e of fares on the railway He asked :--■ to assist ,„„. .n .ettiii. such iueivas... and through mv inriuenco 1 .ot U That with t'l,. Minil, ■"■'"-•' DoPass received It or not. DePa.s.s' bu.siness had been informed ,,f it that dav bv Mr I ... • . m • , ^'' «..;; ....^ in..™., ..,:, .- ,v:„,:.t:;:;i- :£::■;„::,, ;;:'•;:, ;;;;';;:^'f a lease <,rrinUHl to their Company, so tliat tlieie wouM be no.loii))t of their beinrrcon- tirtiUMl in the posH<.ssion (,f th.. Blanch. I was present on I'.-fnl Oet,.ber at an hiter- view between D.'Pass an.l the Minister, when l),.Pass desired the Minister to permit liie FlaintiHs Company to rem'iiu in pi,s~essi,,n initil the 1st Decemlier. The Minister aj,'reed to do this as a temporary arranjri.eient on con.lition that the Plaintiffs siiouid pay certain sum, to the (Joverniiient werkiy. Tlio,/,,/ i„ h,f Mr. Hnin,.) It was after the close ot Parl,am,.nt in 1,S74. Th,- paper was un,k- the Seal of the Coinpanv and si^rned by the Secretary. I think his name wa, W. Ross Campbell, or something,' like rhat. I am certain it was (k.nph.ll. It was also si-rned bv a Director ; but Tdon't .emember which Director. Iivadaj.ait of if. That part that I read conferred author- ity to accept a leasr of the Windsor Bran,'h from the Western Counties Railway Company. \ei;-,.tiati,,ns for such a lea- were tlieu on foot between DePa.ss on behalf 1470 ol the P.ainiifi; Company and myself on b.-haif of the Def,.ndants Company, with the knowled-e of both Compani.'s. I was actin;,r f,„. ourCompanv with their know-- led-e and c.msent. An aj;reement ( f that kin.l had been enter.".! into between us lietoiv h,. produced that Pow,.r of Attorney. That a-ivm.mt was si^rne.l at (Jtta.va. ( 1 he'ori-inal of this a.<;r....ment to be produce.l by def.'n.lants. A copy of it is now put m, marked E.-W. T, .)/. .V. CM It was si^med in May, 1«74 ; after the Act had passed th.' House of (,'ommons. D.d'ass was in (Jttawa while th.' Act was bein;,' pas.s,.,!. He was aware of its pr,)visi,,iis. I am speakiii- .)f my own knowledjr.-. He w.-nt with 111., to th.' printin- ..thee an.i -ot a coju- of it, b..fore its second r,.a"lin-r in the H.)use. Immediat.'ly after it had b.en amended in th,' H.mse, 1 furnish.-.! him 14s0 with a iriut.-.i copy with the oni_\ am, •mhueut written on it. I ha,| coiiy.'isati.ms with D.'Pass r.'sp,.eti ^ it. whil.- th.- Act was i,^jin!r throu-h. He commence.l negotia- tions with m.' whil,. tlu' Act was p.issin;^r the H..u.se, which n.-gotiations resulted in that aer.'.'m.'iit. D.'l'a.s was at Varmouth about Mth Jun,-, 1,S74 ; that time spoken of by Mr. Bingay. lb' was pn-s.-nt at the me.tiiig of .)ur Directors, an.l the resolu- ti.m (copy alrea.ly in; marked B. was the result of th t interview. (1 n-ceive.l a t.'h -ram about end .)f .lun.-, i.s74, from DePass. I haw s.-arched carefully tor it since This suit was comiiu-nc'd through my paivrs connected with the Railway aifairs, but have no! b.eii abl.' to lind it. I di.| not search for it in the Company's .")ttic.'. I re- c'lv.'d it at horn.'. I k.pt th.' paj-.-rs connect.-.l with the railway which came to me 1490 in my ,,wn p.ws. ssi,,,,.— AV/./o„v of tlw vouhutA of tlu- hhyntm ohject,',/ to by Mr. H>',n-:i ; th,' /o,s',s ,;/■ th,- ur;,ju„(l „„l h,_-h,,j s^jfici,- i,tl if p,WY,l. W. T. i 1 thoiU'ht I might lin.l it among th,' papers of oth.'is who lia.l acte.l as Treasurer ,jf the Coi.rpanv during my abs.'uc. I ,lid not try wheth.'r th.^y hn,l it or not. I applicl to tlie t.'legraph ,,thc,' bu a c,.i)y, but couhl not .)btain it. That t. l.'gram containe.l a re- • p.cst, "That I A^oul.l ask th,- Minist,'r of Public Works t.. maintain the permanent "way of the \Vn„lsor Bran.-h until Jmuaiy, 1875. In conse,|iience of that r.'.picst the agr.'em.'Ut alrea.ly spoken .if, .signe.l at (»tl,iwn,,ii,l n,,t ^o into .'tii-ct. l tel.'- giaphe.f his i.'.pi.'st iu„ liately t.. .Mr. Mack.-n/ie, an,l r.-ceive,! a ivplv ni tlu' afHnnativ.-. Th.- (lovennu.nt compli,,! with sucli re.ju.'st. I have n,>t that'tel.-ram 1500 n..r th.- answer to U. After signing that agrcnunt, I vs.ote t.. th,. Minist.rof Public i £ ■i 40 liiii a copy of \t.~<)hj,'cteil I • h,/ .]fr. Iff Works Dcparttnent, and si^nt 1 KttiT was replied to l»y Mr. Hranii, tlif Si-crftary of Piihlic Works I) n.'ffotiations contimiou until tlic latter part of th '•//• ) That Th duririi' all that sess H, riiiintirts (' thiic o!i Railwav luisiiio ■pai-tnicnt. Thi session of 1.S7."). DePass was tlcre with th iinpany. Me had elaiins iiLrainst thetJov :ss coiitiected with tie lein iiliout the e!,,ui'. if T eminent, and was neirotiati 11'. .f DePass. It was writtc le pa])er I i.ow produce i: s tlie haiidwritiii'' (It is put in, marked F. — W. T. It n in my pn seiiee in tlie lihrary of Parliauent at Ottii wa. whicii were LToin,'- on tin de^irali H. ral.le, an. I decline,!, hi Odol, r, l,s7:i, (2'Jth Octoher,; I wrot vhleh I pro.ilice a eouvct i-opy. 'Notice to pro luce this lei as written in pursuance or the iu'vjotiatioiis to si;,'n it there; hut I did not think it I.^IO a letter to DeP I'laiiifitis (.'oiinsel t soiially. in presence of Mr. K. heill o]\i ii. W.T.I I del etter is iiduiitti'd l.v ivili ,1 tliat letter to l)el ass ])er- sor and Annai yno,d , \>. Iio was aetiiu ii> an a;,'eiit theiv of the Wind- polls Railway. It was oii the day of ii> dat<'. lui diatelv i I liad a conversation with Heyiiolds .■md DePas-. ('oov of !, •■■ — W. T; Thev ivipn-t.'d ijie I, eloi" that Wirdsor Branch. Mr. Del'ass had I proni:~ iciiue^teil laititif:> i tter put in, 11 iiipaiiy a leiise aiked ,f the wreiice and Ottawa Railwav otHce at Ott St. L tliat I slioiild ; ut it 1 me to u'o iiito Mr. Reviiolds office I'tl 'I'l i'yiiolds iiiatle a press copy of tliat leti. kenzie), DePass, and I MacKenzie's ottice. H( litiiiii;. and I wrote it in i-,,iiipliaiicr witii tii ley were particiilarl V an.xiou'- ir lecpiest. Mr. ir)20 er ill Ills li'tter i»k. The P reniier i Mac lad a conversation iluriii^ th c Ses-^iill of is? It was in interview was to induce the (Jovernnu'iit t was the Ministtr of Puhlie Works the ii. The ohject sed hiiiiself \ Hi ,1 ,1/ '(.S .')('/'/( )Ver to them iiiiih ion and we came away. DiPa- 'IV Well sa'isHe KJ / ll,:!ll,l,>:l i(imI with the arraii:,'eme;it.- 0^>/Vr/r,/ /,; hi/ Mi illlc.'il. I t i)r_iir[):ira ih'il was not aware of tin in irn iKjrci' til flit in v:ri(i mtil January, ] S77. T yritttiii a-'reeincnt of Ls75 fi iij not jiri ■etVri'i'd to in tlie hill At:'V- idwriti r iio.v pro luce are written hy DePa.ss. I know his l.UO tiey are all wntti-n t i me (April 1, l«74.i I, (X what I have said ahoiit DePa hiisiness of the Plaintiff oVtMilier 2(i. |.S74.) J, h lie,' in nuiiiher. ,1 fP ut 111. mar! H, e'lriiary .'). know 11 hiiii to h,' 1«75.)— W. T.] Besid. actively eii'/a. Ill thi s ro.'id since ad otKce of the Plaintiffs Couipany in iliis Province. I I is7:i. He has had his otiice at Kentville, th in the office. He appeare.l to me to have -eneial conduct of the) •'oiiipany outside the woikiiiu' of the mad. I h lavu seen him freipiently jusiiii'ss .if the ■oad. The iiiiiinn/ referred to in one of tho-^e letter.s wa ive known him to irive passes on tie s an iiiiiiwd puds. DePass 41 waHawareof the intention of our Cotnpany to exocut.. the contract with Shanley a a P unkett before U was entered i, , He was'ac.uainte,! with its general tenns. .550 H. vas also aware of the ,„tent,on of o,.r Uo.npany to issue the In.n.ls an.l n.ake the ZS' /! rl "' ""'^" ""'"■" ■•""' "^ ""• ^'""■•'■^^ ^'"i"*-- -'- -king on. t ne to t,n,e. The tenns whiel. wre suh.se,jue„t!y carrie.l out w.re ir. sub^tanc: Zl Ul ™"';";'"'-t;"l to DePass. They ,„ay have ,iiffer.l so.newhat in the la I. [know K Brauns hau.lwnting. He is Secretary of Public Works Depart- n nt, at O tawa, I receive,! the letter now province,!, fron. hin.. (It is put in -ate,! Ottawa July 2,-,, i,s77, ahlres to F. Killau., Yarn.outh, n.arke,i K.-W T) It en- close,! th.. ()r,l..r of Council referre,! to therein. The ,l,.fen.!ants went into possession sL ! "' :;;^T'v ■ ""'*'"' "'" "'"""''^ "^"^'•"■"' »' ^''"- '^oc-^-^nL on 24th Aftei,rinf .7 ;"•"'"" '■' "" '"""' "''^■'"'"' '" ''^ '''• '^^'-^ "'^ irrelevant] 15(i0 r n<0:f '; ■: " "?'■'''" "^ -l-avore,. to procur,. a lease of the \vin,!:or H.an 1 fron. l)efon,lants Company on several ,>ccasions. The an.ount »i honds issu,..! t-80,00(.,) il42,00() of then, are l.eM hy the trust,, for purpose of the payn.ent „? e contract w.th Shanley an-i Plunk,.. The ,en,ain,ler are \n the han,li of priva .n.lv..lua^; partly pu,-chas..,! by then, o-igiually, an,! pa.tlv pai,I ov,.- to Shanlev an,l Plunkett un,i..r the tern.s of that cont.act. n. pavLent'-VV, T. I know tl a' S anl.,. an,! Plunkett have so,,i so f .he.r ,.„,,; u. outsiders. Thev are coup,:, n^an,! payal.l,. to bearer. The Windsor Branch fo,.,.,s a large poVtion of the 1570 p.operty co^re, by our n.o.tgage. The ,lefen.!ants have expen,le,! ibout seventy- o^th r "l"> ", '" "'"''''''"' ''"■ ^'^"'■•' "•'"' •""'"^' ■^^-•'^- The .na.ntenance of the ,oa, has cost bc-tween t^tfen thousan,! a,.,l twenty thousand -lollars. I an. not able to .state the an.ount po.sitively. The enga;,en.ents an.l exp,.n,liture that I have spoken ot vve.e ei.tere,! into in goo,l faith by the Defen.lants C.npanv Mr DePass' connection w.th PlaintiHs Co.npany, as t,.stitie,! to by ,ue, cont.nue,! until after we g,:i peaceable poss..ss,o„ of, an,! wen- wo.king, the B.anch. M.-. Reynolds, at Ottawa was awa,x> ot the Vl.nutes of Council as 1 gathere,! f.-o... hi,„ at the ti.ne of the inter- view spoken of when I wrote the letter of 2!.th October, 1,S73. I ^athere,! from that conversation that he and I)ePa.s.. had been in constant communication about it fro.u the Um M..cot DePass an.val. Ihe negotiations of May, 1«74. and subM.quently, of which I have .sp,,ken^were ,na,!e in pu>-s„ance of the promise in that letter of 2f»th October i^t.i. Mr. Keynol.ls was fully aware ,)f such negotiations of May, 1H74. TcKSDAY, OctolxM- 22nd, 1,S7«, noon. Ritchie an.l Hen.y, foi- Plaintiffs ; Thou.pson an,! Meagher, for Defendants. Frank Killam, Cros.- Examined by Mr. Henr,j.-l requested Reynohls to write to n.,. at Youngs Hotel, Boston, in December, 1873, or November. The pape.^ now sliewn me is a c.py ,jf a letter I wrote him, ,late,l Yaru.outh, November 25 1873 I have no recollection ..f getting any ,eply from hin. to that letter. (Copv of letter Z'lZ^?'^-i'^-^\ '^""'r "' '"' '^'■'^'"'^' ^^■■•"""^'■- "f the' Yarmouth 1590 and Annapolis Railway and assiste,! actively in the formation of the Company and Have been ever since actively interested in the affairs of the Company. Since 18(ii„n tl.crcn. I was not actin.^ ..n KilO th,. assumption that th.. ,i;;l,t-s of th.. Plaintiffs C.u.p.mv h„! I„...n forf-it.M! - mjrrtMtu,,,M,. noni/,.,n, on gni,;:,l ,,,;,a,„U^ (It was n..tori.M.s that th. relations U.tw..,.n the (Jovor„m..nt an.l the Witvlso,- an,l Annapolis Ha.lway w..,-.. unsatis- tMct,.ry^ 1 ,l„i „„t exp..ct th. .-..lations wouhl contin,.,. any l.n;rth o{ iun^~.-0},j„,t,,l fu Ini Mr. He„r;i.) I l,ay.. „„ r.coll,.ction .,f m.ntionin^- that to any meinl,..r .',f th,. <.ov,.rnment. Hut I will not un.I.rtak.. t„ say I ,!i,l not. : I ...xp.cte.l that the l'":r'"« "^,!'\f ••'■^';'""'"' "•""''' '-■" tl- ^'M-t of ,.vi„. a ( 'ou-pany which shoul.l hml.l th. Railway from \ar,nouth to Annapolis the poss..ssi„n of tlie VVin,!s„r H.anch at any fn,.. consnierin^r th.. notori.,us ci,cumstanc..s tl,at then ...xist.,! an,! knowin.- that tl,,. l,.^e wou!.! he tak..n away in ..ons.,p...nc f th„s.. circnnstancs.-rv/y.c^,^ 1020 /o h:, Mr. no>npson.) It was my intention t., ol.tain any a.lyautajr. possil,!,. I,y IH.M,,ot,n,; that r,.s,.lut,on tl,at couh! I,. ,.„ „„,],., ti„t .,,,., „f ^^^^.^.^^^ ,\^ ,__,„,^,;_. knowdai'Tr ^"7'"''.' '"■"'"■'"■'^ ''- I--'^' -f '1-t .-..solution. 1 ,!„ not know hat I .!iscu.s.se. Lose circumstancs .,f th.. Plaintilfs Cunpany witl, n,emh..rs o the (.oyernment I haye no .-..collection of I.ayin. ,!i.scuss.,! tl... .-'elations hetween h.. (.(ne.-...nent an,l Pla.ntitfs (Jo.upany with n.e...h,.,s of the Goyern,n..„t I ...-^v hay.. , ion., so. I cannot say anythin,: m.o.v .l.Hnit.. than I haye sahl.-Ul>irctr,/ f], hMr. rho,u,,.ov.) \\h..n I ,ay th,. , ..lations of th. tJou.panv with the Goy.rn- ment w..,-,. notor.o.is I n.ean it was a ,„,.tt,.r of co...„.on .,.p,.,t'iu this p,„yi„ee I o ,.,^ re.uemh... that any .lis,.ussio.. took place l„.tw.en ,..ys..lf a,.,! the . Jove.t.n.ent l.iW .. lat.ve to th.. con.ht.on of Pla.nt.tfs Con.pany. (In D.cemb..-, l«7l I H.st l,..ca,..e a i>i..n.ot.rof a .sche.i.e to f,„-.,. a Cou.par.y to const, net a Hail.„a,l f„„„ Va.,„o,.th to Annapohs.-0/y„y.,/ to as ,n,f hn„,, n, ;..,,,,:) The Act of i,.c..rpo,ation wa,s pass..,l at my instance a.,-1 with n.y c,ms,.nt an.! as a p.ou.ot.r of the Company I w,s -i pro,..oter of the Con.pany ,!uriny th,- year hefoie tU. Act of Inco.pmation ^yas passe,!. I hrst Ix.ca.n. a pron.ote.- of a company which aft,.rwa.,!s l„.can„. the \\ ,^sternCount,..s Rail way— !u,i„. the session of the Le^Mslatiy,. h. which the \ct ot lncorpo.-at.o.. was pas,s,.,l. 1 was inte.-est...l in the huil.lin^r of that Railn.a.l ey,..- smc. (.«. J he oh-aininf( the c'ssion of the Win.lsor Branch was -.'nerally .iisc.ss.d i ^^^^ IMAGE EVALUATION TEST TARGET (MT-3) // .// W fe U.. ^ % ss LP -JJ= 1^ 1^ 2,0 1.8 1.25 1.4 1.6 6" ► vj vl A 'c^l Photographic Sciences Corporation ^^^"^ 33 WEST MAIN STREET WEBSTER, NY. 14S80 (716) 872-4503 4? "loi.th. More the committee went f„ ( .»f ->■ ..^. ticuia.. .,i..,..ion of it^:::^ X: ;:t;T'; '^^^'- . ^ ■'•' -^ - •- '«*o ' " >"^t -■^■-nember that it was .liseusse.l at a . '""'' '"*^'-' ''^■^•" ''i-'-^l. t .; K eh Octobe,., ,«7:l Nor tha U rll ^;r7"^ " -"• ''>-^-. p,.viou. to -Hhat matter. I ,li.l not explain thJJV^ d'^cusMon on ISth October, 1,S73 < 'oven.nent to ou.- Director.' Z^l. ^Z tl I' ^'"""'"'^ ^'""'P-^' -^'' the' as I was They were all fully aware ^f tlu n " f '""'''"'' ^'^ '""^^f' '^"•-'•'- "f it ''-va with that co„m,ittee Ld int -o fuc th ^f """ .^T"'"^''^"' ^ ^"^ *« t-sen.eet.ngs the position of the Plaintiff ( '°"" "^ ""^' «overnn,ent. At stated that there was a prospect tha , ,' "^'^"■^; T '""■"^^^"'- '' -- ^here ;' "'!' ••" an vthin, to ice/erate tt cl Z r:;'/? '""-'-'^■'y cancelled. I t '--"terviews that the cancellatic,n of t If K^^^^ ' ^-^ -^i^««i f-" 1050 i 'lo not think the conunittee went at n, in . r ""' ^*''"^'"'' «" '""« before ;;-t with n,v consent. I did not to m^' Z^t^l, ' ^^''" '"" ''' ^''^'>' '"'' -^- ^»^<^>- - tinancml affairs of the Plaintiffs ( '^^^^T 7" '"^' "-^'— ^'ion a.s to u.y were insolvent. I did not say ^ th V .'^ ^'-■^''''''ent. Nor did I say ' an.t.ffst;ompany were unable to Lthi:^^;"'-^'"' "' ''"'''^ ^^^^^'^ ^'-t tht "' ^"f"^' -^" '-" '" to Dr. Tupper. I t „k iVf f ""'r, ' '"^■^- "" --"-^-" s«- I -lo not think I ever expressed anv 1 ' ""P'^^'We that I could have «aid i;-H.usly to accelerate the cancelfation "f" ' ''!' ""'''"'« ^^ ^hat time or /"'"'^■^"-^ At tJK. time the proposal wa n 'drr '7r', '' '"""-'"^ '^ '^'■- ^^^0 I'a. way, I was aware that the lea.^e to Plaintift "'' ^^'^'^*«'-" ^'"""^i-^ .-'i-ately. I was i„f,.,,ned, and our Co,n mitt w ^'"'T'^' "''^ '' ''' ''•^"->'-' "- ■;"--'l. I'.v the Government, that th 1 a iri'^ '''"''' ^"' '''■ ^^'P^^ --^ 'i- l.-posal to build was not ma.ie until fte • t" " """""'• ^''^"""^ ->' -''V ;-s made on the 2.-,th October. DePa. wa nl V '"''^^"'■''- '^'^ P'°P-aI -Hass say at that tin.e that he had no a, h rit i^th "7 '""'■ ' '''^'-^' '-•' '"■ ''"t^ '" ""' '"Merest of the Company ,1 ''"' '"" "'"-^ ''"i"^' -'"^t '"- ^' ^''^^-l to me previously tha he w. ! r ""^ ''.''''' ''y '-" '" "'V hear- "•■ver heai.l the ri,d„ -,f M... n .. "^ ' "''" '^ Commi.ssioner of the Company. I til.- lease .p.estione.1 before the the ri.da of the Govenunent to cance" uit was brought. (IX.Pa,ss nevr .lenied the ri,.l,/ f n' ■"'^" •l""-^^'«»f'^'- inten-led to contest ;;;.ag<.d m endeavoring to .,,,;,;'; ZT"^' -^'^ "^I^- he was prinei; , ,c,o '"'-.tirts Con.pany in pos.es.,.,, i.'t^,'"'"-'; '-- -hich would con'n,'. >■- tlKU it was a m.tt.r of eo.npara ^ i L '^'""''-"--^^''1 ■- TDel^^ss; not tell ;■'"':'" '^ ^-'^--a'^l^- l'-a.sc from then, ^ .!,;„ ;,'''"' /''" ^ ''^'"^i* < '"-pany culd I «-,ll .„.. „.. ., _. .. "«""-! do not ren.ember anything abo.it it. to Ilh ef. "■^' 1st August, 1S77, that th: 44 - to,..t Plaint;;'": ,:'::rr "-^:-- "■"^-^■'-■nu.....n.„t ,,..tw, .:: ^v-hul. case to arbitration ftha wa "n v itr? > v'" """^ ^■'"'"" '" '''*^'^- '''^ then. an.l .lit«cnltie,s with on, Cola ;' Drpis", -^''T" ^'"^ ^'—"-t an.l A"^M,.st, mi, that our rights wonM Zr K t ""' ''"'*^^ '" ""-'' P''^^^''""^ ^" •lerstan,! that.atanv ti-nerrin" th n T . ^' ''""' ""'" ''''' ^"^ ^''^^^ "'« *"> """ Nove,„l.er, ,,S7:.. I saw i af ha "^'f'"""- ^^^'P^^" --' ^" Kn.''an.I al.ont -gne,l. , think in ti.e san.. s .. ^*;r"' .'^^";"";'3: ^^^^''' ^'-t a.reen.nt was then the Directors of the P ainTiffC,, "' ^"^^''^"-1 .n January, 1«74, an.l saw Pass to see if any -^rrZ^^^Z uT^'"'^' ^ '"''"'' ""'"'■ ''"^•^' *^ '-l^'^'^t of JJe- panies for the Z: ?^ 'I' Z I W '^^ ^^:-'-'^--'- "^ '^^ two Conl 1700 Iea.se was then .iiseusse.i It ..rhave 7 " . ■ ""' ''''"' '''" -^"''J-^ "^ the reco.ni.e that their lease Z c2jk7 ) " 7^'^^'' '" '"^^"^ ^'■'' "°^ <^-'-« to or not. That interview w^ r et ...ht " f T" '"' ''^'-^ •■'-■^"^'"'^^"' ^'^^^ ^^^ others, r think Mr. Bravo wJthte o n\ T"'"' ""^ P'"'''"'"^' ^^'^ ''-'-■-1 -■nt wa.s ,ro.,uee.l between D ;:„,':;: Z''";;";'^- ^'^^^^ ->' -^'aft of a.ree- discussed rhe possible an,al,.a,nation "vi h DcPa TT ^ ''""'^' '" ^^""'""'' ^ h^'' in En,-lancl. Mr. Can.pbeH the S cretlrv T^U , " """^""'^'^ '^ '" '^^ ^-'^ recollection that thev c'ontenle 1 tha tt^dr I a u' "" '^'^" P"'"'"'' ^ '^-''' - "H-nt by an Or.Ier in ("ouncil o in any o eTw " T '"^ '^""'^'' '^>' ^'"^ «— " wouh. assist our Company in any wa^U IT^t " "°^''-^ f^' -''' ^^ev 1710 under th." lease. Prior to leavin.r,,,.,. r ^'^V'^ot ineon.sistent with their rights f.o.n DePass, who sent T XS ^ :::::?"'f '^" '" '''^^"^^ ^^"^ •"^"^ ^^P^ that n.eeting. I ,,i, not un.l.., st^nTltThl .ne ' 7 .T'"" ''""''"^' '^'^''^'^ f-'" t'"-- lease. I went again to En.Wan- " S"% '"^ 'r '^'"^ "" ''" '""'^^'^'y "^ Directors, and discuss:.! infor.llly "lu. " 'ut ^'" T'^' "^ ^''^''^'i^"^ t'on.pany s -nte., to then, as rega.^ed .^Zl^^Cl:;":^:; :l ^^7^^. ^^1^ views I p.- ■•" an end. I nev^r diseu.ssed with the.n r)J T *"'* *''** ^'^'^''^ ^"^'^ "^'^'^ I Lronght before the.n the ne- oTk ons hi T T T l^ "-""•^^""'''^ "' ^^e lease, -ere base.l on the fact that th H- :d r ^^^ ^ ^r"^"'^' "^"^ ^''''■^^ ^ i.-rview with those Directors, thl Zn^^.:::tt ^^ ''' '^'"^ «^ ""^^ '^^ '^^O not ren.e„,ber that it was pn.duced at thos,- iut " ws but 7 "'' '"TT" ""' spoken and discus.sed between us That a-nven, .1 " "" ^°"^^ '^ ^^^ of DePass having teh-graphe,! u... t, " tl it fT ""' "''''"' °"' '" consequence ' Pass or the Cou.pany H.af Mr. Mackri!'::. ^ n ';:: T^^ '''''' ^'" ''^ made. '"''^ '^o'ree to this agreement being 45 HALIFAX, 8S. Cauae — IN THE SUPREME COURT, In Equity, 1878. 1730 THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY. Plaintiff. THE WESTERN COUNTIES RAILWAY COMPANY, DefenOunts. THunsiuv, October 31st, 1878, 11 a. m. Present-J. N. Ritchie, Q. C, Counse} for Plaintiffs • J S D TK N. H. Meagher, Counsel for Defendants. ' ' ^^"'"P^^" ^''^ -ith'^llVftfrd'Sir"'""'"""^^^ '' '''■ «^'^«--The negotiations ren^e-nberwhirhe Depis "pre'of'/tf ''" "^'""''^ ''°'"P''">'- ^ ^° -* sanction of the Co.panT; Wi: s ToTotT'^r.t '"^' '^ n"? "'^"'""^ ^^'^ ^^**^ a claus.. in it T o 1 . actions, i do not th nk there could have been such think it w», i„ J,,,,, „. ,,,,° ,„f ,? 7/l»"'ti» Company ere Ihoj took elfBct. I October 1871 Ji!h ^'"''""^" . ^''•^'^ I"-^-"^ ^t th,. ti.ne of the interview of ^Srd 1750 pc^^^i^draffof tTe ..:"';;r""H"^'" ""'• ^'^^"■^- ''^"""^ '^y -'- P™^"-d the d If of lei w^ ^t^ "1 that occasion. Do r ot remember that that particular OcX 29 i;7."'rT '""'" ^ ^^''•"**^- ^^"-^ letter to DePass ^..a.ober,thatwe decH^, . ^..^L^^l^::-' o J,;!: ^—^^ 1^- - .ote that letter I thought our Company wouhl give a lease if the terms suite, then.. I wrote that letter of S-.th October without consulting n.y Cou^p^ y 1 o the author.ty „t .„y Con.pany for all the negotiations I c:ntricted. '' neve ny wntten authority from n.y Co.npany until 1874. Cannot say whe h 17,0 ton.pany approved of that otf..r of 2..th October, 1873, or not. I never heard U .n,lso, B.anch fro:,, the Mackenzie Govenunent than fron, anv other. Qu.stion^ iM you tell L. DoV. Chip„,a„ ,o^-Ohjected to hy Mr. TLnJn.on An^nX i was at Ottawa in ,874. Do not ren,en,ber bavin;. ha,lany :!:ZrJ::'::^-^t. % 46 MaeKenzie relative t., U,e Act „f i«74. That Act wa« not intr...l„c,..l at my instance I ha.] conversation w.th DePass at Ottawa in 1H74 relative to the passin, of that Act. DePass ,iul not give n.e any reason to suppose that he woul.l oppose the passage of that act on l.half of Plaintiffs Company. I think pap^r " E " was ma e :Tr ?• T^- "" ""^ ^^""^"'^'^^ ^^^^'-' '^ -- -"« 'Sore the Act :a: ,770 passe.1 or not. That ajneemont was made at re.,ue.st of DePas«. DePass wanted it h.-cau,se he wantc-d to use the Windsor Branch to .„ake the road more profitable. That was the only reason he gave I knew of the change of gauge about the time it took place. knew that DePass in th. session of 187-5 was in Ottawa asking the (,overnn,en to a.ss.st the Plaintiffs Company in changing their gauge The g^ until 1st OctolH^r. .nst au.ounUd to about eighty-eight thousaml .lollars. The ex- penses of operating the road during that period were about fifty-seven percent .nc ud,ng everything. The road from Annapolis to Yarmouth is^ot yetlished' There has not been any regular construction work ,Ione on it since January, 1877 1780 The contractors have the.r staff on it. taking care of ,t. The amount of capiUl paid n by our Company was hve hundred thousand eight hundred dollars, share capital pa.d up, exclusive of subsidies and bonds. I mean paid up in cash or its equivalent. Re-examined by Mr^ Thornpson.-The Directo,^ of Plaintiffs Company in Eng- land. ,n conversation, referred to the negotiations I had with DePasVon this si.le They were desirous to have some arrangement between the two Companies which ion of the Railway They wished, before taking a lease from us, to be assured that the running powe... over the main line of the Inten-olonial would be free of charge country. That M-as old me by Mr. A. D. DaPas.s, one of their Directors. I have discussed my negotiations with DePass with otliers of the Directors at different times. The agreement of May 20th, 1874. was spoken of by those Directors whom I met at different times. They were acquainted with its term,s. None of them repudiated DePass author, y. At none of the interviews at which I was present, at Ottawa with reference to the change of gauge, was the subject of the I^aintiff being con firmed m the possession of the Wind.sor Branch, ever discussed. I was p^s!"t when change of gauge was di.,cussed between DePass and Ministers. Our Companvlave rZaToSrisVl t7',,«~'orthecompletionof the Hne from LL^h Sworn, &c., &c. W. T.. M. S. Ct. (Signed) FRANK KILLAM. 1800 47 HALIFAX, S.S. IN THE SUPREME COURT, In Eqi'ity, 1«78. •''HE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plaintlf., THE WESTERN COUNTIES RAILWAY '.'OMPANY, Defendant.. WkdnksDAV, October 30th, IHlH, 11 a. m 1810 PlaintittT"'"''" "■ ^"*''""- ''"""■"' '"'• '>«f«-J-t«; H. Mel). Henry, Counsel for (Mr. Frank Killani not liavinL' aniv.. 1 ;„ »i •• ■ • i- , ■^ l^^tpone.. unti, .-.norrow, ^12:::^^, ^ ^i::!^,. '^^^ TTT'^''''' Addison LeCain, a witr^., Jhr defendants, sworn: i'Xumined bu Mr. Meaalifr~\ l,o„ i , . Ha.lways; continuoa.ly i t^in J JlL^ " "'tT' """ '''^ ''P""« "' ^'^^ ^ the Windsor and Annano LTi. ^ "f Railway.,. I h.^t entered into the employ of .■oa.l between Am.tpoTan , W 17' T"^" ^' ""' ' "*" ^"*'^™ - the the whole road f Zl nallW to Hali;" ^'^'^Vr"""'" ''°' '''"' *"' ^'^^^ ^ ™" -- ".y -rviee I removed rSsor I wtha '"'' 'T ^^ ''^^ *"^""'"^ '' ^^^0 year.. In .sun.mer on pLi n T ^^^'*^'" "'*'^'^'' ^'^'^ '*"*"" P**^ "»' ^^at two to Windsor I Zk char^ta. SnTr' "f '" "'"'^'- "" ""''*^''- ^^^ ^ — ed and 1873 at ce^in i t t ^CtZt '' f'T ' "" "*»"'^^'- ^^" ^«^^ sometimes had n.t «„tti ^ ^'*''"' ""'h*^" th^""*^ ^"^ <* '•""h of freight we great r::^ ot d: h^' piast"^ '; 71 ''" '"'^'^ '^••"■"^^••^- ^'^'- 1»-- - <^ last a onpl^ of mnU s T^" f"' ^'^''l'^-~'"'J''''''' "' ^■'^ ^^^ '^--i') It would all right. Pel wan in/c^l, f . '"'''',' ^^ '''''^^^•' '"' " ''^^ ''•• ^-^ '>"* 't went a da/or two I meL i ml^ . " . '"' ''"'^^ ^"' ''"'" '^^ ""^'^- ^^^^ ^ ^^^^ «f the quantir of "e "l t movin . ^ "" 'i ' "^"P'^' ^'^ '*^^- ^'"^ ^^^ ^^ «1«'«^ ^^s and 1873 t^t 1 :^ ' ^l.t^l^'^, ^'-"^ "^ >-«'^'- ^^^ ^'^ -"te. of'l872 1830 I think twice in 1872 ZZ w 7 ^ '""''' ''°""'- ^ '^^""^t say how often. eight days ^ I i^i^Tt^-tr d ^T hf 3f ^Tl:^lt^: ^^d 1^"^^" nine miles this side of Annapolis We h« Z T p;' ,J'^^^ '^"y^* '•^'^y ^a,s We had not a .snow pioughr tsel^ u h as th"" 7 ^"'"" °" '''^ ^"^"^'- I S.-)0 4M ^v.>w pK..,,, rivn,... ,aucl,...| u, ..„.. ..„,in.. s.H.iallv f..,. snow p„rT..H,..-OVvW ,„ ''« -MMn.^HM t, t(,...r sufhc.nrv in runninvr Uw h.h.I .luHnL' IH?" an,| IS7-t' An.,r.r^ It ,s a hani ,,u,.Htiun f.,r uu- U, an.wc \U,t ,\ > T . . , •'.not' insul: r> J I V'i-^<.„- 1„.| HM.y l.r.Hk ,l,.wn f,..,,,.,.nMv ■ ' «<• th, n ,H,.,| th,. ,,r,lu.ary snow pl„„;;l,. In M,.- wint.r of |H7:» thor.. w..,'.. son... ^ ays o.. ac..ount of sn„w ; not offn, a„.i not ,. „„,. a ,lav ,U I il. -Z t:t,:r^n T" "1 ""•^."^"' "" -'■ "• ' '-^ ^'-^i- a::;; .!;;::;■;: .:: To,. ,.av.. b....n at t, ....n.plaint.s l,y p-rsons who ,.ouM not .M, f-vi.) t ^l s U .,„s n.,,„„, .,,„„„l .„.., ,„W,. I, . ,ia,;. ,..,;,,.„": ...:L., ; a"" ;.; i;,::",;,"™"-'" "-t r'- '"■'■" """■ ■' "—"".«»« h- ^^ "KarMs laiMir, th.' ( onipany had a.s ninny men as could h« .w..,l in shovvll-ng snow ; tho,,.h tl.y eo,.„i hav. ,ot through ,^uLr in -nv p n^n f t , was always use.l by the Plamtiffs Con.pany with the ,nen ...nph.ve.l an.l the on. P -.h ase, hy then., to keep the n.a.l C... of snow i„ th.>.se iint..,; .872 I had n t^ " ;"■• ""' ^""" •''""-•' "'^•^"'■"- ^-^ - »"-' - any for the w.^ I na.l not seen any oth-r.snow piou,d, at ti,at tin.e at work D.nin/winter n.onths M ;::":::: 'rr ^'""'"^ '" 'r' 'r - '■'^"-^^^- '^"-^^'- ^ ''"^^ Ria> ,^, w, r,. all the tune in one place. It was .Iriftin-r constantiv As f,.rf ,i .now was thrown out it .iiifted haik. It was very difhrutT". "out with T op. A train can.e from KentviMe to help us; it'took the:\o^'::. ayl I'reh'r I «as an unconmionly .severe .storm. We never ha.l such a nnow st,>r n ,W o n that turn. All the stoppages I know of ,n 1M7.S aro.s.. from snow .storms The Company ah-ay. had plenty of extra men tc clear the snow. 1 was one. rtuck for four hours on the Windsor Branch by snow .storms in If.74 Jl. " Vf . Un.acke and Stillwater. The Win.lsor Br'anch is not nearl a Ld ^TZJ^!:! as the road between Win.lsor and Annapolis. During mi.lsummer and n iTinte t good many of the Plaintiffs cars woul.l be idle. Exempt in the fall dnl f traffic at times, for a couple of months, there were plenty U^f^'l',:;'';:;,"'^' '''"' •'^worn, ixc, &c. (Signed) A. LkCAIN. W. T., .)/. .s'. ct 1890 II.VIJFA.X. ss. 49 IN THE SLTRtMK COUKT, l.v Eviirv. |,^7<), 1900 t,'« use — THE WINDSOR AN,) ANNAPOLI.S RAILWAY COMPANY, PUunNif,. vs. THE WESTERN COUNTIES RMLWAY COMPANY, /.,,;,.,.,, Present-,. N Ritchie Q C ('"'77' T '^''''"'''' ''''' ' " ^' T-v TL ivucnie, y. C, Counsel for P aintiffs • N H \io v. re D. Thompson, Counsel /or Def.ncLmts. "aintirts, M. H. Meagher, J. S. Georffe B. Doane, witness for Defendants, Swont ■ so fort::;::! *^'t^^o;uJ ^■" r^'"" r' "^^^"^^"^ '-^-y- »-« ^-^ • and Honorable James VIcDonaM w. / . ' '"^"-''' ^"'' '^^'' ^^^''^^ presented a p„per It w T ; "u 7^'. , ''" '''• ''^' '"""='''' °^ ■•'^- ^^^P- pencil fu.arkS A) is hen I he . ", ';: '''"'^ "°" ^'""" '° '"^' -"«^° - Windsor and ^n a o li C m a ^T" :"' , 'f "''"" "'' '^^^'"'"^ ^ '^^ '" ''^^ Cannot sav deHnitelv which ot tU dedmed to grant a lease. Either Mr: .M.Do 1 I OePass'^'IT '^^^'^" '''f "'^ " '^"^^^"'^ '^^ '--• ^^^^ -..! Mr Kilhun in Octo er i87 Mr I '""' '" Langeviu's office with DePaes DePass asked Langev „ '• h ; ,he i "-'"'T ^ "^*^" ''"'^'^^ °' ''">"- ^^-l'- Windsor Hranch b/ nffs ' t T;"'''' '^, ??'"' '"^ ''^ '^"^'^'"^ °^ ^'^^ Mr. Langevin at the tine spoke si. ' . t "'^ '"; • ^' '"'"*' ^^--^-^ '^at year. Company and the (iove „nTen a . 7 n end "' iT ," "^ ^"-^-^--'^ between the work the Windsor Hranch iltlk^ ^l i;; .;^:::'^ ^f ^V" ^f '^»^ 3'on can day. Hefurthersaid- "OnthpH. f r-, "'V-^™™'^- ' ""nk he said every Satur- He repeated that He" w s e em h t K "'^'■•'^^'' "'" '"^ ^•'^•- -^ of your hands " was pLnti..une."87: :::^ :^:;,t^;:;,,,^:!'- -p^^V't '--■ ' •n-ked <■ B " (already in evidence, w' s p ed l .°'"'"' ' "^r"''"''°" '''' '-sing to represent the I'laintitts' Companv "" "" ''"""' '^^"^ P^"" CVw^-exr^w/^et/ />,/ Hitclile—l have -iven di tU.t t , L i • r as far as I remember I „n nor n ^ '"'^ '" ^^""g^vin's office the arrangements b twee C^^^^^^^^^^^^ ''^''^ "-' "-^ I-^-in that a.n sure L. word, to t^ t 1' 3' :; ^ r^'""":^ T " ^" ""'■ ^"' ' present At the Hrst meeting we ha ill l' .t '.i r"", h' T '"^ "° "'"^ ^'^'-■ whether Mr. Clupnr.n w .s „n. e„/ , " """"'^ ' '^="'""* -emember eame and aske.l to .ee us Vll ' ! ''"*"' "^"'^' ■^^^'^°"''''- ^ ^'-"^ 'hey -orney fVom the Pla.ntitis' Con.pin ^ crt";!;: ^^ ^J7 ^"'"""^ '"• ""^'^^ "'' '''' tiations with the Government. I knew that til VV - "' ^ ' ^"" ^^""' '" °'"" "^^° working the Windsor Branch ■"^worn, &c., &t under a lease — nAV„-.,.,j id A I (Signed) nnapolis Company were *T. A iluiiij/fttfni. GEORGE B DOANE. \V. 1., J/. S' V. T 50 IN binoay's examination. 1940 II.MJIWX. SS. IN THE SUPREME COURT, In Et^uiTY, 1879. Cause — THE WrXDSOR AND ANNAPOLIS RAILWAY COMPANY. Plaintijs. va. THE WESTERN COUNTIES RAILWAY COMPANY, Defendants. This agreement, made this day of *,. IS71 K . oimed b> the saui W.ndsor and Annapolis Railway Company, and the said line of ^'Md cond.iions heieulter written ^ ^^^ *'"''"' ^;;:::ri::;::;ts:::;'r:t^;;:hir""F'--''"^ And it is agreed by and between the said parties that the pa'rty of ,he second n.rt ^hall enter into possession of the said road ind „.. „.^ > oi me second pa.t .1... .he p.,,v „f ,w „.,.„„:; „„,, .,,„„ !,;:;„:.:'":'.'"...'"""' »' "'•■ '":■• '"" ».?'"■ is-" """'y '■" "■'■ '"-' I » ' .c™. .,„u:„*,io„::,;.;;;':i:„;;™;; '""" '"" "™ 51 HALIFAX, 88. Cauae — IM BINOAT's MAMINATIOK. IN THE SUPREME COURT, In Equity, 1878. up. THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, PU^if.. THE WESTERN COTOTIES RAILWAY COMPANY, DefencU,nU. Yarmouth, June 8th, 1874. Directors met. pre«,nt-Do.n.. Kill.o.. Blethen. Ryerson. Ladd. Moody 1980 On motion of F. KilUm, «K:onded by S. M. Ryer«,n : way f ^Mhe'^liLT g"' ^""' ^""'""''^ '' '"«' ^"'«- Counties Rail- one-third of tL gross rJ^^Z^heS 7T' ''^ '^" ^^ ""'' ^ ^"P^^y «>f the W. and A. cL^^nri'd f^rL'TtoT' " "' """"/r °^- ^^ » «- '«- to 1990 England to make su^h arrang I^u ^1^^^^^ ^^ ^''" ^"P^-^ '^^ «« to basis of a memo, signed by MrlSL Tj^tT"^ advantageous, either on the or otherwise ^ "* '^'^ **'• ^•"«"'' ^'''«J «* Ottawa. May. 1874, [A true copy]. W. T.. M. S. Ot. JAS. WENT. BINGAY, Secretary. 52 2000 IN BIHOAY'S BXAMINATION HALIFAX, 88. " IN THE SUPREME COURT, In Equity. Cauae — THE """IKOE AND ANNAPOLIS RAILWAY COMPANY, /.,a.W.y., VS. THE WESTERN COUNTIES RAILWAY COMPANY, ZV".^a,^. This Indenture, made this j, r between the Western Counties Railway Comn.„„ k ^ ,. . ^ ^•' *®'^*- porated by the Legislature of the P "Le .TZl W ' ^ 'f ^"^ *=''^P°"''*'' '"'"'- herein represented and acting b/ceo" B Do " Note Scotia, the President ther Jf 7nH T w ' ^''™°"'»>' '» the Province of of and duly luthori J to act he'Lt [T I^"'''? u ^'"'^"^' ''' ^"""^^ '»^— ^010 said Company pa.«,d at a miri ..^ "/e-obtion of the Board of Director, of the ontheTen'th J vTftbruarrwf dT ' "'if''' '"'^ '''"''' ^^ '»> »^— ^ Dominion of Canada, Pkovince of Nova Scotia, . -- THE WESTE.1N COUNTIES RAILWAY COMPANY Issue of £«80.000. 0, 0. First Mortgage, Coupon Debentur.«_ iiOO Sterling No. 2030 ack„owledJ,he.;:,:ef ^in^ S^^^^ of t^e Ac. , sending ,he same. Pounds Srerling. which ,.„. th " .„d . 2 ^^ T "^ '"^ f ^^ """'^'''^ November one thousand nin» \ ", '''""^ " '''> '° '^e biarer on the first day of pay inter., therein rT: ^ d' :r; e^'darh "'7 T'''' T' '" ''*' "^'"'"^« '" annum, bv half-yearly Pavrnts on the fi .. TJ' " ["^^ "^ --n per centum per in each year, the fir f parem h . T \ ^'' ""'^ '^^ ^"' '^'^y °^ ^'-^•"ber 2040 eight hundr d and : venll ^In ""' 7 ''^ ""' ''"^ °^ '^^"^ "^ '^'—'d retpectivelv become due !l l P'^""'»"°" °^ '»>« -"««'! Coupons as they shall without making an del?. : 71'";^ "^"^ "' V"*^""' ^^"«'-«' >• ^^ - -h'cas. be at any timeklft t Ze '^ TZc' ^"""^' ^^n^ ^^ '^'^'^^ ™^^ ^espect thereof by the law of Canada. Zh^h t S:;;ry 11^:^^"' ^" iikedI!:^^:^3m::rl:I^^^"'"° ''°"^^"'' ^^«^' '^^'-^ ^«'— «^ hundred nclusivey amoundn ". thl ^°"*''^"^'^^'^ ^^^ °- '» '- thousand eight pounds, sterling m' n y "el aJdTh"'""" '^ ^°" ^'^^'^ ""'^-"'^ «050 certain Deed ol IVu/or Mc^t^jJ P^y-ent whereof is equally secured by a delivered by ,he said Jlpa ' rrhomrE'd^ kJ ''''T' '"'^ '''''''' ^'^ to the Trustee by way of Vf..rt<.=,„;/h t . -''' " ^"""'^' '^^''^ «=°n^eys all appunenance th e '! I 7th • T'";" ','' ''"'"'"'"^ ''^^^■'^ ''^-"^'^ -'^ cert;in...n.ple.c-dK:i;!;fo;w',"'^^ ^"V"'""' '•'''^^ ^°'"P^''>- '" '»^^t ion. 37 Vict. Cap. 16 and in and to r>,l ,K Parliament of the Domin- Hy the said Act i be con ev"l to he H 'p""'''" '"' '"""'"^ ""'^"^ ''"'•^""-'^ accumulative sinkin^fJ^^lrthte^mpro^Th^:. r^d o::\^^^^ T^' ^ cent per annum on the principal of the entire isl all h , '^'^^"["^ "^ °"« P«^ 2060 from time to time accrued on the hI T '""'"'' ^''"=^ '^""''^ l^ave annual payment of "tdlkrnffrd?;'''';"^'' '""'" ''' ^'^'^'"P''-' ^''^ «"* thousand ;'ight hundtl :; g wht "s.'r„; ^ Z ''' 'T ''\ °' '^°^^'"^- "- in the redemption of the said nebelr " f'"^.'""'' '^ '° ^'^ "PP'ied by the Trustee following provisions "" ="' '^'"^ P" ^"'^ '" ""-W with the The Debentures to be redeemed each year are tn Ko ^ u ■ . or by a person authorized by him i the months T "" ' °' ""' '^' ^^"'''^^• drawing to take place in January Tn'e hous nd eilt h TTV T' ^"^' ''^ ^''^^ office of the said Bank of Montreal ,„ 'f "^ ''^^' ^'"'"'^''^ ^"d e,ghty-one at the said of the numbers draw^-ior In: ;n7;:::;::j^^^^^^^^ -' ' -'- ^«^« first day of February next after the drawing and on th f « °" ." '"'"^ ^'^ after the drawing of this debenture, the prL^al LeJf st "r^^Me Tt ^ ^^ aforesaid upon the surrender of the debenture with the ;„, . ■ "^"^ ^..«.»,, ..-.aw 5, p.,.w,, ,h„her ,t shall be pre.c-nttd fo, p^,m„,Z'„Z '""" Thi. Uebenture .h.ll pa., by delivery unle., reKUtcred on the Book, of the Com pany. but after reg.tration of owner.h.p .e.tiHe.. hereon by the tran.fe. Agent o^t^^ upon he Book, of the Company ,hall b. val.,1. u„le., ,he la.t regi.tr.tion .hall ha c 2080 fC::: "^Tir ^'''' ^^^ ■" '--^"'•^"^^ --y •ieHvery .hall b! re.tored „d th by thl'L^"'"" '''" "''' '"'^°"'' ""'«"'^'>- "P°" '^^ ^-'"P-y -'" eounter.igned Wentw ".'rr '^'T'" ^^'"''^^ ^ °"'"^' '^^'^ ''^^•*'^«"' °^ 'he Company, and James Common ^eal of the Company at the To . n o« Yarmouth, rhis day o» Tr„.,»» V, . ■ , '. °''* 'Ijou'-nd. eight hundred and seventy-five, and the raid lru.tee h.s counte..g„ed the .ame for the purpo. of authenticating'and identifyingT 2090 (Signed) (L.S.) (Signed) J^Mf^ VV. BiNOAY. Secretary (Countersigned) GEORGE B. DOANE, President. Trustee And whereas each of the said Debentures ha. annexed thereto coupon, or interest warrant, represent.ng the several half-yearly .nstalment. of interest to fa'^ due t e^eon are trrih/T V"'""''''''^' "^"""^^ ''^ ''' ^^^'^^ "^ ^^^ Company an.i are. omitting the ilay of payment, m the form following : THE WESIERN COUNTIES RAILWAY COMPANY. Issue of 2.800 First Mortgage D.-bentures. No. £110 stg. three ^^' ^'^-"P-V -ill pay to bearer, at the office of the Bank of Montreal, in London three pound* ten shillings sterling, on the first day ,.f i^ondon. A. D., 18 . being six months interest due that day on Debenture No 2100 < Signed) JAMES W. BINGAY, Secretary ..a ::^.tr .:s;:;;:= rz:^r - n^xr^^rr .urn, when receiv.:,! bv ,..e Tnl ... '" '"'ITT'' "" "'' *"'' '""P*'"' ^'"''»' -upon, a- an.l .hen prZn!^r ' "" ''^ '""' '" '^"^ P^^'"*-"' •"■ '^e .ud thereafter, while anv of the sai.l 1 i , I , '^•*'''"'^'' '" ""'h «nd t-very ^-^.r of one per cent up„„ the totl "n . 5 ll P"""*'^ "•■'""*^- '•*'"« «' ''- """ e..a, .:., -he in^,:;^,;:^': I" : : : j;;^"-- \^^ '--:•: -< «■- ^ .- debentures previo,,,,, ..rawn for p.u ...... .T ,'b T ' ''." "" ''^ « •' .'.•- ■«"■..^»^.':h:■r:l ;:;;;::::;:;', t'"'"- -•- ■»- ■.pi.«a ., "■-' "" • ■ " -I- ■' <- . *. P.. Jr:f':>:.;;t;l:;',,r"''' " "" "'- '■"""■'' « in «™".,!7„'!':. !,;::: ,t",';,T" "- ■-'"•""He «.„,„,.. ,„^ „,j„„.. ,„„ " - .„e .: J .n r:::: r'T "■;•'" °'""-"'" -bo,, b.j. .™. f..,n, the ,1., „„ ,|,;d, .hA T """' ..••»"'»"• » J'"" .W.! SI40 i....™.«i ., .0, \ r ' 1' 'I °' •"''' '''■'■""""■• '"■■■'"" .»->"'..•• -k-'b" .... c„.p„, .h,,,," I,,,; :„:;',;: •:;, •,; "■;■ ,^'"-p"-' , '■.» •'■■ -<" "J ™.' ..".'.e ."..eh,.:,::",:;. Tet::::;- '■.;.;'*" 'v^- '-'r- »' »" 56 ling, and all interest accrued tlipiHoi, <.t .k„ . i • i «;,. ,1 .L - „ ■ ''""•*' '"e '"'e and in the mmner afort-aid- all and : fc rptr LT':! ::,T'.;"'''' r "- t •- "'"""• ••••'• -' ^"■^"■> "' •^' ^-^o .t-..t,o„ .„d ,„ b, „.de, be,»™„ Y.,n,o„,h .„,1 A„„.p„|i., „i,h , br.nch to Di.h, .h.,r cttziifhth '■■ '"'""■'"' "" '■'"" °' "••' •"•' ■"' '""J -""pi-i : :s r. ..re.nr"'""'.""'' ■" """'-">■ •"'• "" »pi.".-..: i»i "d . l: i .n« o, .; r :;::t;r:;:;tp-zL°:;:t;: it,::- • »■ -"- -■ "■-- niai R.i,.;y m! ;h ,H ;t 'vC :n ^"V""'"' '-"^^^^ °^^^ '''■ ^""^'^°'°- togetr^c- with the afo.e«aid r gh t th ' VViTd H "T""", '° "'' "'' ^^""P^"-^'' A^f . .k t> 1- / ^ VVindsor Branch under and hv virtue of an n e r n , ■ " ' '""" '"^ P'°^'' '^^'-f- *"d ■'" the eata,.- right title .merest, proper y and possess.>,„. claim and demand whatsoever, a. well in law asfn equ v' of he sa.d part.es of the first part of, i„ and to the same and anv and every pa the, eo ' with the appurtenances thereof, To have and to hold ,h. .niA ' ' T ' tK,.,„ <• . I • . '" '"^ ^"'u premises, and every nart nd si a d of h ' '"'"• "T ■'"'' '^'""^ "' *'"' ''''^ '^'^"^'-' -'^ «'■ hi^ heirs and assign., and of h:s successors ,n the trust, hut nevertheless upon the trusts and for the purposes herein expressed, that is to «.v , Aktickk 5_Un,ii default shall he made or have occred in the pav.nent of all or 2.>00 .Article three, or u;iird:i:u,;i:;n^^-.^^rrh:::z^^^^ tained in Article seven, the Co^a 1 r uffe^e7aL V" Tf^ "^ '"'^"^ '^°"- operate and enjoy the R.ihvn Pn ; permitted to possess, manage, p^ny .„„ f JhL :,,":^:; r; :::::■ j;::;— '• ■""•■'■'^ -«i i—w., p?„ loll, .nd •.,„, hereof. "" """■ '•'e""", income., profiu ment to the Trustee ,.f ,ho . . ^ '""^ Deljentures; or in any pav- mentioned. airHhl ts^^rhlte' I^I ItL" [^ T^"^ ""• ^^""^^'°- of further assurance hereinafter set forth on 'the 1 P"^-" "^ '^e covenant or other Governtnenta, charges which ma'v he Z^^^, t Z 'T' '"'T''^-: railways and premi cs or anv n=,rf fK / j l ■ 'mposed upon the said prior lo the iL.! ' LTe nlel t h " ' 7 ^^ '"" "'"^°*" "'^^^ °' -"'^^ ^e held ful for the Tru ee to e" S 7 '" "" ""'' ^'"^ ^'"*' ''''''' " ^^all be law- servants, or other attornevs n,- .„ . , , superintendents, managers, receivers or In. .. r„„H,„. :::.::,;;;;r:-,:," :: :;';'„r,!::::,::r- - —; replacements, and such useful alteratinn« ,^^v "'"/""« •« "me. all repairs .nd issues and nrofits of fhp «,^ j r 't^-eivedii tolls, freights, incomes, rents, men. ':::;;;:':::::: :""";• ^''''''■' ^-^^ -P-en.e„ts. and al. pay part thereof, as w^;:i::;:::^L--:r:e:rt;trr^^^--% «uch .gents, attorneys and counsel, as may hav. been bv Z' I , T' °^ moneys arising as aforesaid to the pavmenf ofint re7t in th T' " J- L" 'T'" ''^ est shall have become, or shall become due at ably oh " l" u'^'T'' '""'" po„o..™„, „e p..ue. ^e,eh7c„.,..:'i„r';;;tx.':,~'::r;;:;: 5H relating to his administration a, Tn.stee : provided always that if .„v of the default, u-re.nbofore .pec.hed be suhsequently made or occur, such restoration shall not n 2250 sh.ll any prev.ou, entry be construed ,o. exhaust or ,n any manner impair the powers of entry or sale, or any other power hereby granted .0 or conferred upon the Trustee. f ''^'^^-^ 8 -I' 'he default, mentioned in Articles five and six, or any of them hall ..made as aforesa.d. and shall continue for one year, it shall likewise be lawf" «or tne Irustees. after entry as aforesaid or other entry, or without entry to sell and tspose , „ ,„, „.„^,,„ ,..„,„,^^ p^^^^^.^^, ^^^ ^y^^_ ,^^^ ^^^^^^ conve!:, or in tended to b.. or any part thereof, at public auction in the citv of Halifax.or at such as he m..y appo.nt : havu,g hrst g.ven notice of the place and the time of such sale by dvert.ementspubl.hed for not less than ten weeks in one or more newspape.. n mO Quebec and Toronto. ,n (;anada, or to adjourn such sale from time to time in his discre- .«n, and ,f so adjourning to make the same without urther notice, at the time and place .0 wh.ch the same mav be so adjourned. And to make and deliver to the purchaser o^ purchasers thereof good and suffic.ent deed or deeds in the law for the property so sold: wh.ch sales, made as aforesaid, shall be a perpetual bar both in law and equity aTnl'^b ""T';"'' \"' ''*'""^' '" °'^" f"--*""^ ^'"''"-^ 'he said premises, or rom '. ': u '^T'^ "■■ ""'^' ''^ ^^''^ ^^°"'P->' ' -d after deducting om t^e proceeds o..ch sale, just allowances for all expenses of the sa.d sale, includ .ng Attorn^v s and Counsel fees, and all other expenses, advances or liabilities which 2270 ma, have been made or .ucurred bv the Trustees for taxes and assessu.ents, and fo^ charges and hens ,f any) prior to -he lien created by these presents on the said premi- ses o. any part thereof, as well as compensation for hi, services, to apply the said pro- c eds ,n the first place to the payment of interest coupons, which shall have become wh ;h"sh'n ,b " K ' " T "!r ''"""'"' "' '^^'^ P"""'P^' °^ ^'^ 'he said debentures, wh.ch shall then be .ssued, and outstanding and whether due or not. rateably to thJ aggregue amount of such unpaid interest and principal respectively; and if after the sat. act,on thereof, a surplus of the sa.d proceeds shall rema.n. t'o ' pay oL thJ sa^^ surplus to the Company, or to such person as any Court of competent jurisdiction shall 22,S0 Akti,...k !). At any sal,. <,f the afo:esaid pn.perty .„ any part thereof, whether ■nado by v.r u. o the power herein .ranted or by j,.,iicial autho.'itv, the Truste. u.ay in h.s .h.scret.on Ind for a,.,l purchase, or cause to h- bidden for and purchased the r.ope,tysosol,i, or any part thereof, on behalf of the holders „f the debentures secured by tl„s ,nstruu>ent, and then outstandi,,., in the proportions of the respective teests o such ho ers. at a reasonable p,ic., ,f hut a portion of the said property shall be sold, or .f all of ,t be sold, then at a price not exceeding, the whole aL,mt of such deb..,tures then outstanding with the interest accure.l thereon, an.l the ex, ns s an.l pn.v.ous charjres an.l liens fif any ) payable in respect thereof. A,mr,.K 10.--T1U. receipt or receipts of the Trustee shall be a sutfieient dis- 22yO ha, .e to the pu.cha.se,. or pu.cha,se.s for the p. ice of any such .sale, and h,s or their he„-s, e.xee„to,s, or adu,..„st.ato,s, shall not, afte. pay-ne„t tlu.vof, and bavin,, such 1^, i:..!.! 'I'f .ue.i upon or tor the t, lists and puiposes of 69 2.'}()() And if by virtue of any act of thp r „„; i . i; . "^""■'*' **' *"« foregoing powera. the Company made thlunde/ th ^.T'*'"'"'' ''^ ^'"^ ^''^'^ Province, or any byTaw of ■so rendered also to a committee of 'J"''*'ntures, s.ich annual accounts shall l.e under the pro^-.i^nSZT^^X^r ^^^^^^^^^^^^ ^« •^'-'^"i each of the .said annual account the L d T ^ T.? '"'^ '^'*"' **''' '«"''«""g "f Committee reasonable accosTh; tokTand^'r^**" ^""' ^ •^"'^'' Company or ties to enable such accounts ^ b^ vtifi d and'T^?; T'^''"^ "''""'^^'*^ '^^^^- Committee; or by such Derson ^ ,'''^ *"? *"^'^J by the Company or by such that purpose. ^ "' ^""""^ "' "'^'^ "'• ^^'^er of them shalfappofnt for shall tonJbue l.!r~n'e" yTar Z tJuT '""f ""' '" ^^''*='*^ «-" ^ -'^ "^ them p-^ai of all the ^^^:^i:r:z:nzz^:!-z ^^^- - -- heretoZrthl's^^j'clllinrwnf en ;■'"'"■ ^''''"' '^ ''"' ^^"*^'^" ^''^' -^ P-ties said Province at its next essionni "■"'"' u° ^"^'''' ^'■"" '^'« ^-g-'ature of the hereby secured, in cl o rruZcr: .1 "'''^ ^K '': ''''''' "' ''^ *^^^-^"- cle five, of thi.s Indenture, to " te n t e el ' i 7 '/ ^ '^'"^"''^ '"^"*'°-'' '" ^rti- a..d in all other matters r spectinl w eh h 'h k iT'"": "' '^^ ^•^•'' ^'-"P'^">'. the place and stead of such^harelioLI I ^''^"t? " '''""' ""^ ""'^ ^«*«' *" for such purposes shall the.eupoT a e .-H 7 ""• "''^ ''^ ''"^'^ '"^•^''"^■^ -J -lebentur.. holders to exercise th saTpow! „ I'h'r"'''^ '""^ ^^"'^'"'^^ '""^ ^''^ ent and as may bo enacted by the said'J i' la , t, hT T^ "^ '""' •^•^"^-•- ^^^'O judice to the remclies herebv o.ovid 1 ^ ^"'•',""*" ^''^' ^* ^ole, however, without p,e- •said debentures, and of :h:tt';:;st ttJl" ""''"' '"^ ^"'"'•""^' P'^-V'"-^ '^f'he -. ^Ar:i-^;ri5t^lell;:;:^^^^ P-^ers ..en upon which such powei-s shall be exercisable hal ' , ' ^"'^"''' ^'^ '^'^ «^-"^'' unto required in writing by the holdeT. of not 1 ''" ^'''^'""'^ "''°" ""'"' ''''"'''- i-ued up6n the securit; of these ^"^1! Tl f" k"" ""-'""'"' "^' ^''" '^'^^-"tures upon a proper indemniLtionb:i„'":r„";he';VT^' '""^^ -^'-li"g. -d -ns making the said requisition a.^X the d . '" ^^ "^ "" ''^'^'''^ "^ ^^f- P- trustee. and against any L..Z IfZ strli t Tr "'^""'^ '"^ '"^ '"^""'^^ ^'>- ^'^ 2-^30 the Trustee may, if he thinks Ht exe Ze thfsJ 1 ' "'"" "''' '■*'^"'^'^'"" ' '-^ the proper cases, without any su^h re^Lition ^ sec':;::;^' '' "''' '''' "' '"^""' '" p,^a.^..c ,.:,..._ :._.... . ^ ^° aOstaili fiorii exercisin,r all _.. ,. ., tr 5"^u ... .v.i„cic.i aiA, seven t'ltriu tiiTi ■ .... i . 1 " — '^ '■" ^^'^ m 60 Trustee shall forthwith, or so soon as sh.Il J obey .such resolution, p-^videralwavs 1 " "^T"'^ ^ '''''''■ ^^ effect to an,l void any acts aln ady done by the TruleTn th "" ■"""'"" '^''" """"' «'• '-'^'^ -solution shall have any eff/ct un,| " ^s a1Tu7^ ^K ""' '""^"- ''"'^ ''"'' "« ^'''^^ •ns, and the voting, ^i„^ ,„^ aXntW 7 . " '""^'"'"« "' ^^'^ '-*•' accordance with Article 'rntv-«vo;ptS7:i'.K^^ resolution shall be in or of the deb<.nture hol.l.n,, 'or Wh^ ; t; , " •" ^ "-' *" ''^*"" "' the Trustee -tend t.. or be taken to affect any subJlent dl. 1." f *"" ""' ''''"'^^'•"- "»>•" ■ng therafrom. ^ «utwe,,uent default, or to impair the rights result- tnne,ti::ir,:^::^::i:::::^,;:-/"'' J^werm his discretion. f....ti.neto executed by tlJ sai.f Con-^u/totv "i" '"^'"■'' °' ""'^ ^ -"-^-ce bold for the purpose of sUti^ns^Tp^Ts^Zs „r"th"7" ■ r "^"^ '''"''^ "^''"-"^ "'• property which shall not be nece^rry f™ " "" ''"'''''"^' '""^ "^ "^"^ '»" or any lan.ls not used for the track of th 'aid r 1 ' ^'""['•"'" "'^'^ ""^^"•'*'^^- - ^^ by reason of a change of the location o any ' tlllrh' " " ."'' '""' *^"^""" ^"'^"'^^ connected with the .said railway or of slh T.T ^ '!"^' "' '^"^*"- ^""'li"^ to such station, house, shop, or ol:t i' ^T^ Jo:'"^*'^' ^"' '^'^^'^^^^ expedient to disu.se or abandon bv r.,«.«„ ""*?•«" the Company may deem it such change, and to such etnge in'trrratl'f .K''""^t ' *"' ^ ^''"^"^ ^ -^ ings, as in the judgment of fhe c;:X .h al ItlT ^ ^«P*^ o-ther build' execute .such relea.se or dischari/e of fh. . ^'""*' '^^Pe'^'ent ; and to the said debentures up..n the ll - Z^*^ T'"^' '^ ''^^*' presents and by such conveyances into effect. But Z pu" haTe'Y " ""'' ^ ""•"^'■^ ^ -"^ 2360 conveyances under this Article shall be rrcdv'l "T^f .^ """"^ "P"" *" ^'^« ''"^ 'H. applied by him at the option o the Co nil t'"- '^ '^^ '''•"^^- ''"'^ ^f"*" fund and drawing a larger number of let,^'^^' ""^*^' '" '"""'"''^^ '^'^ -"king buildings which shall bc'vesterin the T^^'rrt'" '^"'"'"^ '^^''^^ '-^-' created by the.se present*. ^^'^ ''"'' ^'"^ ""^ect to the trusts ti.netri;::^t:^^: :-:^^:^ r;!:^-^:- ^ ^"^- ^^^ ^-■p*'^-- ^-' .nent.s,machineryaLnmplemeni tt an ti le Hid " "'' ''''"" ^' ^''*^ '^''"'P" said railway, a.s may have become unSt for l °'' '^^""""^ ^"'- *'"' "«« «' the which shall be subject ., the oprti.Tof tLrpt^; "^'"^"^ ''' ^^^ ^^ ^^^ ^370 bi"^sdf"r;ii7vl':f'':;;n:us;: c'rea^dTtT ■" °'"" "*^' ^^'^■■^" ^^"^ -^-'"-^^ the Company three months before ch re^J^nltr' 77"^. '^' """" '" ^"^'"^ ^ time as the Company may accept as Zl ,Z^ " "^^^ ''^'^^- ^'^ '^'^^ shorter the conveyance. hei.'^^nafterrl^ulTd' "'''"■""' "P°" ^'^ ^"e e.xecution of Aktkxe 19.-The Trustee or his successors in offi. lution of a general meeting of the holden, of t ' 1 H . J"''-^ ^ '^"'""•^^ ^^ '^ '•«««- <" accordance with Article twenty-five "debentures, convened and held AHTti'i I' on _T_ ■i ■^- 61 -ccloro7^u'^„°'j;;;^'^$r^ or unfit t<, act in the .aid tru.t, « -K Trustee or Tr«.t«,. i, a^ 0X^1 T"^'^ '^^ '^^ ---■'"»<''■■ -ntinu- holden,of the^ddebentu-CL/eneVandiir"^ . Keneral .neetin, of the five ; or in ca«, it .hall, at any time Z^^tt **='=«'••'"«' ^i'»' Article twenty- after reasonable exertion, to^ppo LTin t?^ ' ^T '"'P"^^*'^l>'« - inconvenient in any vacancy which u»y htp^n I J'; Zt"' ''r'"'^'''" provided,a,ucce««or of holders of the „id del^ntu'rto thT ale ' S'' "'"" T' "^ "'*''^ "" ^^"^'^ debenture., for the time being i«ued and o^tl^i *""""",' "^ on«-twentieth of the of original jurisdiction in Jd Provin" or ^ I "T ( " '"'''" ''' ^'"^ '"«'''^'*' ^'^^^ 2390 Court should refuse to act officUlly Trelr^ct of , ' ""''' °' '^ ""^•'^ '^"''g'' ««• Bon then holding the office of /udge Zu ^cC r^'"^"'*'"^- ^''- ^- appointment of a new Trustee or Trustee, -n.^r " ^'''^*'" '^f"'-''''' '«'• t'-e «uch Court, or any Judge th^f IZ ,7' " *PPoint.nent thereupon made by Trustees to fil, any vacfncy nTh/f ^ u.t'^ ^ I T^'V'"'''''- "^ ^rXrustee r .f ".ade by the debentu. h'olde.'LTetSo:''';^^^^^^^^ ''"'' ^°- ^^ ^^^^ ^ ArTICLB 81.— llie Trn«»^ T in Article twent,. .h... .hereu^;:Ir;;.tTJ- 1"' l^ 7 °' '"'* '"^' -"'^"-'^ -tate. granted to or conterred^ponT^Trulf -th all the power,, authoritie, and the righu and iatere.t. r«,ui.i,eren.ble him T""''^ ^' "'•""' P'*""'«' «- «'' 2^00 purpose, of thi. tru.t wiS,ut ly f^rttr "^ """'* "'* ^--y -' '^e -ignation or rem ,..1 of any Ztit LTJl""" " *=°'"'*'^'"**=*' ^"'^ "P- 'he pl«M»Jn pursuance of the«prJ^rr.r,th'"T ^PP^-'-nent in his or their retiring Tru.tee or Tru.^ Ct^L^ VTT ""^ """'''""«'' "^^-^--d "Pon the and interct in the «id ptmlTL/ T: .t" T' ""' "" ''^ •^'-'^' ''^^^' '"'« cease and determine, but the Tru.tee or IV, . "'' ""**' '*' '^"""^ ''''^" '^'^o'ly administrator, shall, on the writrn^L. .T "" '"'""^^ '^'''' ''«'"' ^"'^"tors and .mmediately execut; . dtd or dLTof "'"'^ "^"""'^ '^^"^'^ - ^>-'- ' Trustee., jointly with the c::*.^ We7o7 T '" "" •" '"' "^'^ '^''"^'^ ^ herein expre.«d. all the property priviC ? *" '"'''^' "P*"* '*•« '^"«'« 2410 which may be at that time'eld uJ;nTe 2d trir'"' """' "^^'^ '"^ ^'-"^^'^ Articlb 22 TK<» T for reasonable diligence in trrntttlThZTb'V^,''"'' *'''' ^ ^'^^"""'^'''^ act. or default, of any agent employ^rtVeX^^^^^^ S. "" "" ''''''''''''' ^^^ '^'^ them1::;;'id't"L^^:.r7he"Ztf:h^^ o^the premi., and of one dollar to further covenant and agree to and witHhl I '' ^"'^' acknowledged, hereby that the company .halUnd willfrom 'me tl" " ''''. ''' '^^*' ''''^' ^^^ — "' often a, thereunto reque.ted by theTrusTi ' T,' ''' ''" '""'*'^ '^"^''f'". ^^d - deeds. conveyances.ldJuranL, in tria;";ortket7'' '''' '''''''^''''' ''^ ^^^^ ^^^0 the property, privilege, chaise., and liln, hert H ^ u ''""""^ ""'° '^^ '-«'«- or mtended so to be. a. by hT. cLunsel lea^^edTt "e law lt^;f '^'^""^^^ "^^'•''^' directed or required. And .pecially. .hall u e due Z "'""''''•^ '^'''''^' government of the Domininn ^t nJ.\.. * '^"^ diligence in procuring from fh^ or through the Company, of tha'a^rWinX^irh "nJ T^k'""'^^ ^''" •^'^^'=''^' a,or Branch ; and of the running power, and •nd .^r«. to and with th. tru.t« .nd h . h m J^ . ' ,"" "•""■•• '"^^'^ — "t «4S0 »hall and will at .11 time, hereafter proy'deZ' ZT '""'''^"- '^'' '''" ^'"'"P-"/ at the p|.c, aforesaid, for the p.vmr "f i/ T ^"^ '" '^'"'' '" '""•'°''- "'■-•"'•'. 'iebenture. here.nbefore reJ^ZVl^T^ '"'J"'"*" "' '""^ "-" '^« «l.o an office or agency fo, the .ran.fer an^^ -"'" '^■'" '^•^°'"'' P-y'^^k- ; and that anv and every default in the due^r ol^ 7":" °' "" ""^ •'*'^"'"- ' ""' taken to be a waiver of pre,enle„ .n"^ Z ? 1 "" '=''''"""" "'''" '^ '^-"-1 -nd I'-bonture. and coupon, aforejclhlh mav^. "''"':"' "' "" "'"^ "^^^ of ,he of .uch default. ' ''''*' "'^ ^''"'^^ P-y^le ,lu,i..K -he con.inunnce Kene.irtL^^r;irr;rho;zr^^^ ':; '^'f -"^ --■-- °^ « ^^^o meeting shall be convened by the tru«fL K u . ""^ '" ''■'^*' «"y «'«^'-'. "'"h •he debenture, for the timet n, ut „d" ' / u'" '"* "' "'"'■"'""' '" -o""' of Kn^Iand- It .ball be called bradver.l"f: ;"' "''" ^ ^^'" '" '^'^ ''ty of London, "f the Company, and mav be de rayed f ^1^ r"""" "'''""' ''""' "« '^ ""'"'•'v three time, in each week, for six wLk. i^Tr?-, '"^ '""' '""''' '° '^ P"^'-^>«d one newspaper in ,he citv „f Halifax and one in T "f'^'P-P"' "f good circulation ; «huil state the no..- anj'plac- o' u.h T . ""^ ""^ °^ ^'""'''"'- '»'he notice the resolution to be prop^ /« 'such mTel ' '" 7' "'" " *^^"-™' '^^ '»'«' -ture of «ha.l not come within' thrterm. of .ucH^e ''^^^'1?:''' '" '"'^-' ^'^^^ depos.t their debentures two day, before the m«.. "' '^«'-«"tures to bearer, shall 2450 the notice, and shall receive in xchate .i vT '" r' "T "''" '" "^ 'PP"'"'«'' h' chairman shall be appointed bv he mm n^^oM ' 7;';" '" '"''' ''''''''■ '"^^ or by proxy. No resolution shall be o7"d '^T °^'^^''^""-«'' '"^'•^ vote in person holders of one tenth of the tota m^un on rJ!" ^'^^^ '•"»" ''^ P— ' »' hy pro^y the -nding. Resolutions shal t p^ ;!' L^""'- '^ '''V'"'" ''^'"'^ '"-' '"'^ "-- one vote for each Debenture ThTholdiL T K '^°^^ ^ °^ ""'"• '''"^'^ P«"°° '>«''''? thereat shall beauthenticated by a n:tarSrul:: ::S^^^^^^^ Article 26 —The word " t •• '"*'"'•"»"«'* h> the Chairman and a notary. of the said Debent'I^^^eZ::-:::! tTe" ""' '"l' "^"^ ''' P''^'"^' ^^^ --- and truly keep and perform a Th c^ di i „ anTtT :'" '''"'''' '''' ^^^" -" performed by the said Company. Vlr^lrtrh'Z::'; 'T'' " '' '''' " presents, these presents and the effect thereof shall V T '"''"'°» °^ "'«'* otherwi. the same shall be and remain t;:ntlr;ir:r '"' '^^°'"^ -^'^• In witness whereof the parties heretn »,=„. ,-^_.... , .. a-esa.d, on the day. month and year herei„,bo"ve written" """'' '"""" '° "'''^" 2460 2470 ■•^^^'- - -■ -^nir rr ■iT'- ' - ()3 EZXIHIBIT ID. HALIFAX, SH. ('ause — I.V III.N'GAY'S KXAMIXATION. IN THE SUPREME ( OURT, In Eqi'itv, i,s7,s. THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plaintiffs, THE WESTERN COrNTIES RAILWAY COMPANY n.f .1 . This Airi(>,infnt, tiiade thi.s twentv-Hisf ilnv ,,f n . i • , "..e thousand dgl.t hun.hvd a„,l sev nK f , '^"'' '" "^'^ ^'''' ''^ °^»' ^o^I and Contractor., he" „ a ,''■?,,';'""'• '" ''"' ^'■"^■'"^*' ^^ ^-bec, Engineers (-unties RaiKvav C "a J of L P "■'"" ^V'^' ""' P"''' ^"^' the Western ^•o.npany,.'of t.^ seeZ p^;; w':.!r"S:f f '^" Scotia, herein called ■• The paynK.nts and covenants hiinaftsrtWthar t /' -T T'''^'^'-" "^ the (•<-pany, the Contractors, for th s , : t ,r lei "s \ '"t ^"'' P^''^!"-'"-' ^^^ *'- ^ns_ . ., .,re„ .,th the Co,,,;:;:; Jir^ ^r'^ ^'^rtr t.:wr;;'c;;:;:;;:^:;;;-t:^r:;t.::;';:"-i^ scl..dulesande,.Ki ca n.Z IdT; "'"'" ^''7';' ''^' ^'^ P^^- hereto, and the fo.- purpe .es of -non t rZ ""■'"" ''' ''"' ^^'^^^ ""'"'''^ Oovernu>ent. and sail ehedule T ^^^ i.l 'TT'^ '' "• ''•'"''"'^' ^"'^^"'^ '" ^'^ '"- a.-e herein deeiar.d to i^:;! a ;^ :;"":: ,.:":::r'^^'"^"""' -T'^' '■ -' f-nuallv covenant pro.nis. ..,.,1,;, ^he tompany and the Contractors hereby f.on. one to t.entyl S;; i;;!,;' S ' " ^^' '""' '" ^''" '"""^^'"^ <='--• --l'«-J , T, , , 2,500 '• 1 Mat the ( dntractorv: in .1 1 ];►■■ .,1 I -1 I- -i«i...,,i„s ,l,«„,„| „,„,,. ...i,,,^,,,."'- '"■ *" ll"-' «-■'it^ at ing the line of .aihvav, l,v .eason a^v r 1 "^^^^^^^^^^^ """'""*' '-"' -'j-n- tl.. Cont..acto,-.s agent^, .se.'vanro" 1::! .? '^""" "'' ""^^■'^'"-^^ "" ^'- I-t of l-..is of the ..ilway, ^^ ^ .„ ,1 e ^7 " '""'T'- "'"" '•'■'-—'-' the e.l to the Contractors. tn,.nee,s e,st„„ate t,„- tl„. .,„„. ,,„„ ,,.. ,,.,,i,,^,,.. 7. That the I'uiiliaetuis siiall at tlu> ,;>.] ,,f ,l »-io^:";,!:r,™^,:;'- ;.::::::: r;;:i": i;:;-" - - - -- ■■ •-"'lor .said suh-Contract, up to that tin e A iV >""^-""-"t of work done to avoid disputes l,e,..,.„ I,,., s..! : ..t^:'^ ;;; 7;'^r'""' -',^ ^^^-'■'•. i" -rder <'"'"pany shall obtain and transf... to h ( < ^ntraetors h,.,,>after, that he -•s written acknowied,n.n::f' ;j: ^:::rr:-v[. ''■;-':'■ ^'^ --•on....- 'I'ont to date aforesaid. " ' '"'"' '■■^f'""ii"-' anl""ent of th.. railway, a.s set forth an,l descri i , J i' '"'"'" '•''""P'"tio.> and the schedules and certiHcates h.n.to ■Utiel T ^ I" I'lan., spec.fieation.s, and '-■-in mentioned, shall he (U 1 / '' '"':' '"' *"'"' '" "^ ^''^' -v-.u.ts Hfty thousand acres of Lan.l ■ an.! ' ' t f J ? '"'"""' ^" """ ''""'''■^-' '^"d t-. 'lu- Windsor Branch i^ .j itl T" "', ' "'" * ' ""l->>'^ P-ospective rights "f Farlian.ent, passed i„ .7?. t "v " '"■"''"^"^' "■""''"' '-1''- a Dominion Act ot.wi.":itw:?;;;:;;;;;r:;::;;;;;,r;:'l- ..er .,tho..ty P-'-H. P-ann , pavahle half'vli^jHv a d r "'""r^ T'"'' '" "'" '''''■ '"' ^- -xty thousand seven hundred dollars, or thcvahoiur'" ' '"'""" '^■"""■"'"^ '" <'■ '■''"' >'n'-.\-pended amount of all the mivit . t 1 1 • • notes of stock suhscrihers. ^ ''"''' ^"'^'^'''-'Ptions in promissory 2j.S0 2.540 l>. FirsI morti,raov hon.ls of the (oi iinanv '""'""■ ""■'- -' ■•'>- ■" '->..ei.: Aerrv;:^. t';s":.",' .'^'rt are paid, the h,n,is attache-l thereto a. collateral si !ll 1 , f '*"'* ""^"^^ ^"^<^ tlH' interest coupons shall re.nain ^Mu^ ^\ '^ .' .vere, to the .nakers ; possession of thehonas, la.t t-.e ContrL J t;^:i t "'V ^ 't't .-s. for the p,„„ent o. the three «.. eonpons l^X^l^^'^'IZOf:!:;: An in case the Government of \ova Scotia shall ,r,.o.,t , .1 ,1 66 10. That the Company .hall, when requested hy the Contracto.^. hold n.eet- ..-, pa., votes, execute conveyance, and do .ucl, ,ur,.,e,. acts as ,„av he „ece wv ::zsx^:r ""'^^'"^'-^ -'^'-' •--- -- '- - -^' ^- ^^^ 11 That monthly payn.ents on account of the contract p.ice shall be made to the Contracton, by the T.-u.tee hereinafter named on the ce.tiHcate of the Tld f .^ra;:\i;e nti^T'^^^^ ''\'r ^^■"'- -'"'-" -kin,suchceruncate,shall 2600 est u.att the entire amount of work done and n.aterials, etc., delivered to the end of each u,onth. He .shall then deduct all previous estiu,ates and certify for the ditte" ence or remainder. Such certificate shall be delivered to the Coutr^ictors not laU.- than the tenth of the m.nth fol.owin, the month to which the eert:;::;::;;:;^:'" 12. That the monthly progres.s, estimates, or certificates, aforesaid, shall consist of the several .terns of work included in the anne.xed certificate or schedule, marked R, .nt the prices in .said certificate R shall, for the purpose of pro.^ressive payments under this contract, be increased by one-third, to allow for .so L.^h of the co tra price being in securitie.s The progress estimates .shall k- payable by the Trustee to th Contractors immediately on presentation of the engineer's eer.ificate aforesai.l, 2fil0 " fro, tt'T': ' " '"''""' ^^^"'^ "' ^'"'" "'''''''' '"■- - '^^ ^'-tract- ors troiu time to time may elect. u, H^rf '^Tl'"-^^^ ^"'T'"' "*' '*'•' "'""'^'*' '''^' "^'^■"^ "*■ ""■ ^^""k of Montreal, i^rns^ to K% .." hereby appointed Trustee to receive and hold under a deed of rust to be hereafter prepared and e.xecute.l by the Company and the Contractors, in ami lec^HU::; ■ '""'^ "' '"^ '^"""''"^' *'"■ '"""^■'^^ ^'"-^ ■'• l---i-0"-y notes -M-anttdbtlr'r "■'??'' "^/vr'^''"'""'^'' ''"' "'^■^'''•'"^ horeinbefore mentione.I, gi-anted by the Legislature of Nova Scotia to the Western Counties Railway ; seve'huif ,;!,;:; '"""''^"^ ^^'•'"«""' '•' ^'^ -'--* «^ ^'-^ ^^^^y t^-'-and 2020 .s c If ^7f7;"->' ""t*^^ ^'^fi certificates of full paid .,tock in the Company attached n::^^;::;";:'""""^^ " '^" ^"^^"^ ''--' '"'-^' ^-'^^^^^^ --^ ^^Jl First Mortgage Bonds of the Couipany to the amount of one million of and steiltrtlfrTl"' '"< 7,^'"^ " the Company to th. an.ount of two hundred ann .seventy-three thousand dollars; F. A legal transfer of the lan.l grant of one In.ndred and fifty thoasand acres • of ti!; N^:i:it^rSi;;;:"^ ""-^^"^'^ p'-^-^^- '■^«'- - ^"« ^^i-i- "--eh 2.,.o hund"d rnil tvTt "■'\u' "'^ r' "'"''"•■" •"""^'^^ '"^^^ *« *>»^ — t of two nunilie(f and seventy-six thousand two hundre.l and ...A il. per cent, of flu c-io, y,!i!i witn Uuii d fifty dollars, per detailed list Jiar value attached to said panys rirst Mortgage bonds at th,' rate of iiiifes as collateral. venty 67 rollings Jl!";!f 11! r "''""« T''^ '*°'^' '"''^'"'''•^' P'-^. ^>«. '"-i-ery and toll aac charge ot every k.nd. during the existence of the contract. 2650 ever reauiredU'the ('onr'';''". ^^'^ ''*^ ""^^"^^ °' '^^ ^^^-P^^^ P«-- ^hen- milwly ^ °"t"«='<«^ for purposes connected with the construction of the c^fil^' ?lt' 'r' ^'°"''^^^" ■"'''*" co»for„, in all resix^cts to the plans and specifi- cations and the d.rect.ons of the Chief Engineer of the Co.npany fo'r the tir^e Eg by whos,. ,„ea.sure.nent. and calculations the amount and ^la^ty of the dIffeS thers^al'lX. fi . V'T""'*^'^'''''^""^^^^ ^'"'•'i'*"^^ thedecision of any twoof appoint an arhit^tor within ^roU^lT^^ L^L';Ttfe^L'pp":fre:: made by the other shall have been served, then the arbitrator^so ap^in^d 1 h TZ Tr. ';"P"' ''^ '''' ^""'^'-'^^ P"°^ *»^ consideration ; and it shall I the duty of the Ch.ef Engineer of the Company to give such orders or certificates he Con tractors .s w.ll enable them to obtain the full payn.ent thereof fromtid Trustee -.. iiiai, lor reccivuig notices and the general purposes of the contract the Contractors elect domicile at Digby, N. S.. and the Company at Yannouth N S 6b . .ar!!; ^!f '*"" ^'""'^"^ •''^"" P'"^*'*'' P*>"""'' "^ '^^ ..utsUn.linK liahilitie., an.l Ukes to 8..ttle sanl l.ab.l.t.e. within a n^sonable ti.ne, so tlmt tin- cn-.litor. of the railway cannot obstruct in any way tl.e operation, of the (Jont,aot.,rs. 23. That the Company hereby guarantees the railway property and franchisee IaXU '7'j;- - '-"'"^'™"-. other than the eighty-thrJthouHand Hve hun- ,oripti()n,s. 3. Township ioans „r .siilwriptions. ♦. Tiu- Kist luoit^ra^r,, bon.ls of til.. Company. .'). T\w .^tock not already .sul.scril.e.l. ('>■ Tlif lai.d grant. ActL^;:;::::^n;-:--t:d:;fr^^ ^" -- — - of cash- w. ,.,," ^,^"''^^"'^''\P'^>'""''-^'f'-'''f''' «^5'^000c^^^^ or th. equivalen int«rpsf t H . - • ^'''"" '''*"■ "^ '^'"^' ^''^''-^'"f. on payin- lo per cent .nt«re.st to the hol.lers thereof on the ca.sh price pai,l therefor ^ ^ " '" ^'^ *^'"*- 2730 Yoin- oKedient .servant, (Signed) (Signed) GEORGE B. DOANE, President FRANK KILLAM, a Director WALTER SHANLY. per E. W. P. E. \v. FLi XKETT. W. SHANLY, E. W. PUJNKETT. Yarmouth, N. S., Augu.t 2«th, 1«75. ■ 7-- '''>^'"«^C'.:^:::z^;r:r^;:;- • ■" «-* .-i-- ' ■-..|...0. and to be ^c ",,;;;■';, l""""'"' ^' '-: «■" 't-k- B„4, ,., th. r...bi. .. ^:.,,,., ,,.K c„„p„„. „ j,::i:it: ;7ir;,,r:;..;:r* •■"' •" "^ ucb,;. .. .,„ re-pui:';;;,: Sir.!,.:""' ""*' """' "- ■">■'"■"'' » '» ■• p™= TH,„„.-TI„. price to I. p.,,, f„, ,>i,| B„„j., ,,„„ ,„ ,^,,.,„„, ,.,,„^^ ^^^ j^ii^^ rot th. Contmelo,. .; Tunk i,r 1 7"; '«""'■ i"'™"' P-' •■'nu™ k, the -I i. i- »..ie,«o„, thatte^M ;:, r: : :t„r: ,'t:;"-''';""''T'"^ ;~n.h. th..„,„e,., .,. .,.„ ^ „„.„ pa,„,i „, ;— ]; .l^,,-; :;*-„--- ■i^po!;;::u:;i;:',I;::;'™;;^,r«i;" '■'■ .;7>'««' h »«,*»,. .,.„ ,. '-.<. or in » Bank to 1„. ,™ , ' ri" ■ ■ '' ° '"""»■""- •™J ^h« •"h.eri- " -ii- . .n,, « „„rr ^. ;;;:;;,':;";;::,;■,':"•■ "■":, '- "^f" ">■ "- < o.,t,...tor.,, in „,eh proportion, on „ m I '' '"' '"' '•■»'' ""•» »tO '■■" ' " ' "' ^-.:'-i,.i::h:;.;:;;:t,: .::x,r ;:t;c,:7 " -" :;:::^r •"" «-' - --•■ •- p- ™;™:: .:^.:r^:;;:::^;x3 .no2:,"::T,'t'r.iu;r: 1.":"!: ':•':: '»'•' "'■ "■■: ' '"-«•» •■-■in. eon. -i^^t int.,,.. i, to u;. :::,;z:,-:n:-: z"r:.zi:::jt. 27tiO 2770 71 Z: r . '^^ "^''^ '^"'*^'"" ^'^""'•'^■^ ^•'-'*^- betw;en Annapolis Dilbv and Wouth. to be entered into between the said Walter Shanly and E W £kett Contractors and the said Western Counties Railway Company on Ihe bas s of an ^^'^''^ N V^}'[ '^^" *^''"''^"'' ^'°"''- Of Bonds. N. W. Blethen Ten do do Frank Killam Ten do do Sanil. M. Ryerson Ten do do Vernon Smith Ten do do A. C. Robbins Five do do Saml. Killam, Junr. . , Five do do Hugh Cann Five do do Wm. D. Lovitt Five do do ^■^•^*n" Three do do John H. Killam. . ...Three do do A. F. Stoneman Two do do Freeman Dennis Two do do H. and N. B. Lewis Two do do William Law One do do Samuel A. Crowell One do do Bowman Corning One do do Lyman Cann One do do W.H. Moody One do do Viets & Dennis. . .. ..One do do Thomas B. Flint One do do A. M.Hatfield One do do Benjamin Killam Four do do John Killam One do do j^-PI^'^^ Two do do Thomas Killam Two do do Janie.s G. Allen Five hundred dollars of Bonds. ^•^•^*»« Five do do 2800 2810 2820 (Signed) UEORGE B. DOANE, President. FRANK KILLAM, a Director. WALTER SHANLY, per E W P E. W. PLUNKETT. 72 WESTERN COUNTIES RAILWAY COMPANY. We, the subscribers, do hereby agree to teke a,s stock in the Western Counties 2830 Ra^way Company, the number of shares hereinafter .set opposite our respecu" Lated at Yarmouth, December 12th, 1H71. Frank Killam u.;r., , c, , ., „ * 'tiy shares Samuel M.Ryerson Fifty shares Young, Kmney & Coming One" Hundred .shares GeorgeB Doane Fifty .shares iseni. Killam ... t- i i? , L.E. Baker Twenty-hv. shares a , tr.,, . *"ty .shares Samuel K.l am, jr twenty shares Kinney, Haley & Coy Thirty shares a. r. Ladd .... t \ , ., „ „ Twenty shares George S. Brown P;*.,, , T p p . , * "ty shaies J. C tansh p;, v ,. ^ rive shares. wT T^'^'I Twenty shares Willia,. J^ Hatfield Fivesiiares Tnome. Barnard Flint Three .shares Sandford H. Pelton Three sha.es John H. Killam Twenty .sha A. W. havary ^^^^ , Vernon Smith Samuel Killam ai-es shares Five shares Twenty-five shares ., , , Twenty shaies Hugh Lann t ^ i ^ ." Iwenty shares A. C. Robbins. John Killam F. M. Lewis . . . Thos. Allen, jr. . Stayley Brown A. W. Homer. .Five shares . Five shares . Five shares . Forty shares M„4U .. ■^'^"^' Jiaies Nathan Mo.ses. ... i.-' ^ i T. H. Dane torty shares J. W. Crowell... ^ivesMmres T, T, . 'J"t' share John iurner, ir . . ,\ \ ri TT n . " '"'" share Geo. H. Porter p- i ,, T t' • 1 ^'^■•' shares ii. J. l"arish Li- 1 vv u w , * 'v« shares VV. H. Moody, jr. t-, , . u Q. * '""^'t' shares A. f. fttoneman ... v . n D ir o ' '^'^'•^ shares K. Halfour Brown... n, , r 1 T •, , ^ ^'o shares .lohn Lovitt Ti 1 Kowmaii ( 'or W. A. Cann ninjj .TI .Thi iree shares ee shares 2840 2850 28G0 2s70 73 Freeman Dennis . . j ^ x. , Nathan W. Blethen . . .'. 711 "'"" Hen^K. RichanJs..::::: Fiveshares J. W. Moody.... Twoshares G. Sandei^on.... Ten shares Viets&DennU....;: Ten shares Ismel Steele.. Five shares Ev D .'.... Une share . ft.. Kogers T I W.H.Townsend.... Two .shares AamnGoudey.. Twenty shares Charles W. Kelley ' Twenty shares Dennis Horton .. One share B.Stanwoocl Five shares Stephen Patten...'. Ten shares O. H. Axtz One share John M. LeCain .:: o"' t"' John and Robert Pattern. fZT^ Edward S. Williams . Five shares Raymond fclsniel... r""' ^ C. W.Clements.... Two shares McLaughlin Bros.... Two shares N. K. Clements ... Three shares Wm.D.Lovitt Tenshares Dennis Sullivan Twenty shares Daniel Sullivan....': Two shares Walter Thomson..., Two shares Thos. Coffin by G.B.Doan'o Four shares William H. JtfLly . Five shar^ Thos. Killam .. Five shares Oscar Davison ....'.'.■.'.'..;, .' .' .' .' .' .' .' ' ' ' ; ; ' ' ' T^rslfart*™' Amos Crosby e,. , Samuel A. Crowell F:ve shares JohnK.Ryerson....: Five shares G. R. Doty thou.sand dollars ^ Five shares Yarmouth, N. S., October 15th, 1875. (Signed) FRANK KILLAM, Treasurer. (Signed) GEORGE B. DOANE, President FRANK KILLAM, a Director. WATjT1?P eXTAXTTTT _ T^ ,., ^ " * •-•ii-r:--'r i^ 1 , per C«. W. i*. E. W. PLUNKETT. 2880 2890 2900 2910 74 WESTERN COUNTIES RAILWAY COMPANY. Additional Stock List. ties i^;';Xtrt' 1:^:t.z '^'r '-'''- -'-' '- '^^ ''--- '-- proper officers of the sa d Co™ rl '. "^^°'"'' °"' "'■"''• *"^ '° P"-^ '° '^' LnVhs from date '^ ' '^' """"' ^""'^'''^ ^^— -1"-d after six 2920 Yarmouth, N. S., February llth, 1874. •Vbujbh. George B. Doane.... N^mi^r of share.. Frank Killam Jas. B. Kinney ." f * William Haley [[] f^ Vernon Smith ...".'.'...... !^ Samuel M. Ryerson . . , ^ B. P. Ladd ^" 10 2930 (Signed) GEORGE B. DOANE, President. FRANK KILLAM, a Uirector. WALTER SHANLY, per E. W P E. W. PLUNKETl (Signed^ FRANK KILLAM. Treasurer. Yarmouth, N. S., October 15th, 1875 List Of Promissory Notes to be deposited with Trustees One or more Company's Notes at six months' date, for! ". '. '. '. '. '. mgll Total $276,250 (Signed) GEORGE B. DOANE. President FRANK KILLAM, a Director. WALTtK SilANLY, per E. W P E W PLUNKETT 2940 2950 R WESTERN COUNTIES RAILWAY. R Certificate Xo. 1 1, for work done to the Sth of October, 1875 Dfr.iRn.],,,, ,,r Wo neerinu an.l BiirveyiriR •0150 ,„, ,„;. 10' • nmpletwl sn.l plans Bnprnvecl miles Ht 8850; 49 milep at «42.-| ) Clt-ariUK ami «rulil)inK 38 miles is4iill " Fencim{2l miles JjJ,' .. Ru*l«ay aii.i works, as per ;.che(iuTel on other snle j Slee|H)r. .lelivered ■» liu^''(4iiA)()o]Z'''\t2r, i)er 100 B«^l«,UnK 2.500 cubic yards ,,er mile.! ' R«.is':iIrrfa^te„in,,^:Mi2t;ius:::;::;ter.t^ (Advanced on Mi's „f I^ulinR) "^ '^"^ '"" • R«.l laying. &c, 17 miles •3.'W per mile Oaoaa Valck OK WUHU UuiK. lietei-vation for f/iertnl nrrvica Sissihoo River Bridge... Bear River " .'' Joggin's •• '''"^''' Allen's Creek " Station aceommudati m', including way and terminal s Htions, eagine hou.es. car sheds, Ur>V ,,«%"&" Rolling stock, as |«rsche4.U)0 .')8..')00 432,000 31,-100 70,000 KXl.OOO 60,000 40.IMNI 36,000 198,0(NI Total Work Do»k. | CKRVVriKn . Vaii'k or AXOIIKI I wo»« HRieviou»ir I PfRroBMio 8INCK LAST C»»Tir!CiT». S960 » 38.975 « 36,»75 17,100 8,400 .3«l,3a3 11 ,-oo r..Joo 108,720 .s.gso 17.100 6.800 313,147 11,500 8,250 108,720 6,076 1,600 53,1S6 1,960 876 2970 •2,070,001 3,000 22.600 3,000 22.»»0 2980 •586,748 I •628,167 •57,581 of thl l^lT '): ''r' ''"u'''^''' '" '"^" P'-P^-'J '" accordance with the ot the Act, and on the above schedule of prices terms ment fifty cents i^^S^^^) ^ VERNON SMITH, Vhief Engineer Western Counties Railway. of Novabcotia .s twenty-e.ght thousand seven hundred and ninety dollars aTd (Signedj ALEX. McNAB, (government Engineer, Province of Nova Scotia. (Signed) GEORGE B. DOANE. President. FRANK KILLAM, a Director. E. W. PLUNKETT. ''• "'^ ^• 2990 76 H WESTERN COUNTIES RAILWAY. [{ Certificite yo. \\, for the period endin.j »lh of ()r,„U,; 1H75. Dntailed Schedule o. Roadway and Works. inclu.-.inK ..arrh and rock excavation o formation Icv.L BrulKen (cxcptinK those specially re^ervcd.M 'ulvert^. Cattle Guard., I^^vel ( ro^MMK,. Road and Stream D.vemo.?.. Side Dit.he.. Und-r Dr.in, &r &c — 3000 H •iiiiilHri.'- Rat« |»'r T.ilHl Value Mf ' iVvi i„lv Amnunt Due \i" it. H. rL iImii... Oiull,.,!'. ■'I'l""' luxl T. llpl.run ' Olil KHnipt fif.dd. .. • DiKliy aiuiily lane ToTownsliii) IJne ... 10 T.I Town of Di«l,v . '. '.[" 'I Kriiiii .luticti'.n t..' liilisliurR I 1 l.t T'l June, wjtii I ToUl.... li 6 7 J R 6 10 9 8 »V. ,V A Rv SI 111 04 9 -'■^•-'.-4 Hid ()o .'lO.tiHN 170 (HI 7i;,L>",Hi IMS (Ml .'■W.liOM lt!(l (lO ."'!•,!. 10 140 (K) 44,;t.vj HO 00 44,3.-.L" ■24» 00 (■..■t.'JflO 180 mi 9,^.(140 aoo 0(1 yfidio IIMI 00 »0.2.Vi r.Mi (Ki 7' 1 '.'-M 190 (10 71..") .i7,iioou at Ottawa, as soon as you like, to get this settled, only come to some conclusion as to what vou want. I shall probably bring some of our aHairs under the notice of the Local Assembly 3220 at their next session, and I presume you are going (,n something. Now^ it strikes me that 1 can he of some assistance to you in that quarter I enclose you "an annual" over our line for curn nt year, and shall be devilish glad when you can reciprocate ^Let me hear from you without delay, what y,u, piopose in the matter of leasing r;iu Li.auLij, as, li i am coming to Ottawa, 1 want to ..tart as soon You rs verv »incei ely. pos E A DePASS. 8a e!x:h:ibit 2 IN killi.m'8 examination. HALIFAX 88. Cause. — IN THE SUPREMK COIRT, In Eqi'itv. stao THE W,V„S0R AND ANN.VPCU.S RAILWAY COMPANY, ,,„i„„y.. VS. THE WESTERN . ■QUNTIE.S RAILWAY COMPANY, Defendants. SiK,— Ottawa, July 2,5th, 1877. I am, Sir, Your obedient servant, F. KiLLAM, E.SQ., M. p., Yarmouth, N. S. F. BRAUN. tSecrttaiy. I (OopY OK Order in CovsnuS .^2^^ Windsor Branch R^LVlen to the J; 'T"^"""^ ''^' P°^^^^^'°'' "^ ^'^^ first of AuKust 1877 and.i! ^ ^°""""* ^''^'^y Company on the you. E.cZ2yTJ;,ZT' ^''""^ " ^^" '— "^-'- -'1 «"»-it '-he Le for (Certified; W. A. HIMSWORTH, 84 MKMOKWDUM : Ottawa, July, 1875. lied by ord., i. Council, d.,=d J.„d S,.,,.,!, l«l '"' '" ''"'"""' '"' ""■ .he vvtr:'i'/'r,.:^;r-L^; -,-;;-;:-;; '^-r- -»— -.H.. «per..e ,he ™l.., b«w„„ H.li,., .„J W,nJ.„, '"""'' '"""^i'.ely >» That, on the 23rd \Jiv Iv?^ i authorizing the Government to emtinr"'"" "'^ '"""' '"'' '''' """^'^ of Co,nn,ons or Company for the transTe of a ^ 7 W ", ' ^'" ^""^^ '■^""^'" ^^--'-n toTn.ro, upon condition r thts/ci^^^Z "^'i^- Annapo. to Yarmouth, .,eet to the a;;;r : ^iZ-;:;';^ ^^ ^^ ,-" that on the 2()th Miv 1874 4 confirming the san.e, and aathon.i;;';hrGor;n'""r' '"'!"" ''' "'' ^'^"^'"^"' -"^ ^"^^O 'ed for giving possesM„n to the Vel „ ,? ^ . "" ^'■'"'^'""-''^ --« ^-ple- «ra,K.h railway- to n,ake uch othe " ''■ ''""''"'^ °*' '^« ^-' ^^'i"'-- of operating the said BrchRa "''""" "^ ""''" ' '^ ""■^^^'''■^' '"'• ^^^ P-Po- Windsor a„5 Annapolis Cpan' or^eVr '"^''"' ''' ^°^''"^ °' ''' ^^ ^/^'^ Ihaton the 2and day of April 187o m n, I ■ - " 'hat, untiHurther ordered the evi'stin. .r '" 7'"'' "-^'^ P^-^ P'-viding ii^ R^ilwav Company should be cort'lV' ''""'" ""' "^ ^'''"'-*- -'" ^"^P- -r .l':::^:.?!::;: ^,:' --- -'^ ^.^red ..o .th that ...pany ;Wd.lari.,the agreement of.;:p:r;---;r:^^^^^ That under the provisions of the Art nf Mi-i f , he had i,v .teamer to the ra.l v .v , • •' "^"'"'^e omniun.cati,,,, can '-- possesion of the sa^l ^ ^ 1 b:::: l.tTVf ''"' ' ' '^ ^^'^^ i<'e.l in th. Act of 1874 to . .able thl ^ ', " ^"'" '" '^"'•"- ^'^ P-- 3.]00 htainpd ,V........ ._. ._ ; ^■'.'"''^.ff'^ ( o.npanv to av„.| irself of ,he advan,».P« .L U. •> ' < '"c «iiuie line. ° Jord 1 hat .t W..S deemed cxpndient and lance with this concl proper to r.,mply with this request, and th usion, the Windsor and Annapolis Rail iit, in ac- ay ( ompaiiy weie notified 86 on the nth of May Um. that on (he 1st August, 1877. the Windsor Branch Railway would be tr„..8ferred to the Western Counties Railway, md that the temporary agree- ment for operating the Windsor Branch Railway would terminate at the same date ,„.- ' the \Vindeor and Anuapohs Railway Company did. by letter dated 24th May. 1» - 7, acknowledge the receipt of said notice of llth May, 1(5/7. The undersigned now recommends that possession of the said WinJso- Branch 3310 Railway be g.ven to the Vestern Counties Railway Company on the 1st August. 1877 under the terms of f Act of May, 1874. entitled " a« Act to authorize the transfer of Compan "'* "^ ""' ^"'^ '^""'' ^''^'^ '° "'' ^^'"^''^'° ^^"""''''^ ^^^^y Respectfully submitted. (Signed) A. MACKENZIE. Minister of I'ublic Works. HALIFAX SS. ('an'p — IN KILLAM'S CUOSS-EXAMI.NATION. IN IHE SUPRi.ME COURT, IN Equitv, 187.S. 3320 3330 THE WINDS(m AND ANNAPOLIS RALWAY COMPANY, Plainfif. THE WESfF.RN COUNTIES RAILWAY COMPANY, Defendants. , The St. Lawrence anu Ottawa Railway. Managing Director's Office, Yakmol'th. N. S., Nov. 25th, 1873. iiios. Kev.\oi.d«, Esq. Ottawa. Deah Sir,. — Since I arrived hone I have received cable messages from Mr. DePass ask- ing me to meet him iu London I inte..d to start fro.n Portland on the 6th December ot which I intovm you bv ; L ^,aph below. The Companv at this place are quite will- mt to come to anj fair ., - , , me..^ with the Windsor and Annapolis, but I am not sure whether that Company can agree to anything. There seems to be a sort of muddle i„ their affair., and the Man.igers, both in t-ngland and m the Dominion, must be caused frequent headaches. If you have had instruccir.ns to take any further .teps in their interests. I would be much obligPd if }-i v., uld inform me so far as we are affected, either bv telegraph to Yarmouth or to 3340 1 oung 8 hotel, Boston. I wrote you the day before ..aving Ottawa. Yours very trulv, (Signed; FRANK KILLAM. [Leave Portlan;' for England sixth December. Ikve you any advices.] ^^BHttMUOaft— - 86 HALIFAX, SS. IN THE SUPREME COURT, Im Equity, i879. Cause — . THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY. Plaintiffs. *•• 33.50 THE WESTERN COUNTIES RAILWAY COMPANY, Defendants. I.VTEKHOOATOR.KS ad.ninistere.l to the Honorable Alexan.ier Mackenzie, a witness for Defendant, under a commission issued herein and addressed to A. Ferguson Commissioner. s""""- FiiwT.— What is your name, age, and place of resi.l.nce Sk.,om,.- Were you, at any time, Minister of P„hlic Works for the Dominion «t ( anuda I If so, state the period during which you held said office. •^ he Pant H-^ t'.mpany, ami as their agent in r.dation to business matters be- , r f ,^'"'""" ^:"'P^">' *"'^ '^'^ Department of Public Works or the Govern- 33or ...mt of Canada, nlatmg to the railway known a,s th.. Windsor Branch ^ est u!ri^ratwh">?'" T ''".'^"'" ''"^ ""' '''^^''"^ ^ ' ^" '''' P'^^ '^^ ^he earli- or as^MTnis^l'l ^rrf^'' """■'' '" *'^ '"""'"" "^ ^^" «-ernmont of Canada o a Mnust^.o Public Horks, any negotiations or business transactions with said 3370 B^id:'/:.,.!;' " '"'T '" '7^'' ^" '''■ ^'^'-''^'^y "^--^ - the Windsor Kianch . an.! if so, when, and over what period did the .same extend 1 wint^'i-'Y/'tlT^'" ■ "a T?t" '^'""^' ''"' '^" '"'""■''■" ^^'"' -*'' I^«P-- i" the F r^k K l,i Tp V :, f' "■ ''"""^ ''"■ P-'--"^-T --ion of 1875. when t- lank Kilium, M. P, for the County of Yarmouth, was present > SKVKXTH.-What was the subject of conversation at that interview ? E,n„TH.~If you s.y that the subject of ....ver.sation at that interview wasa pr, P I tiff cZ' ; '""f "■ ''•"'' ''"'"•'• ^'"'- ''^'' '^ -'>-^»>"'^' -- -i'l as u'the antiff Company continuing to operate said Hraneh, and what, if anythin-. was J fern aCVV" '" """'""' '"'J'"-' ^''' "^ ""^ «.>vernment of Canada "to gi^c the 3380 i>. t.nd_ant^ ( ompany posse..s.on of said Branch as soon as Defendants were prepared NlN-Tii. -If you say yon inform,.) sai(i DePass at sai.l interview tl,«t th.. Cw "■~>t intended t . hand over said Branch to Defendant C:;™ 'ryv; l^Z 3390 87 nnniv™'""^' '^'' i"t.rview referred to in the ei-With interrogatory, what tonus an.i con,ht,ons were agreed on between said DePass and you in rektiorf'to .s^id Z;: ll Publif WnT""^'? ^°"' °° "'■ ''^''"* ''^^ ""'"''' «f J""« 1«75, as such Minister of 2nt of r ■ T'' 7" '^^'■"■''""' ,,,,^,^.„ ,^^ Plaintiff, .npany and the Govern ment of Canada :n relation to the change of gauge on ,saul Branch ^ If yea staTe under what authonty you signed such agreement. If you say that you i,2l such agreement ander the authority of an Order in Council, piease'state if'the pap r now THiRTKENTH-State un.ler what circumstances the clause was inserted in said 3400 ment, that such a clause was contained therein ? " tained'Z™"-^'"^"''' ^"" *^'^^ '^^-'^ ^^ ^^- «-h -'-'- was con- FiiTEENTH.-Di.l you, Or SO far as you are aware, did the Government of Canada " .„d w hT 1™'"°" "', -:' ""'='■" 's"™'™' ' " "". "«•■ '"'i.v "■•" "C were, and what reply you made thereon. "^ or to IJtPass, as their com,mss,on,.r, ,,M or ahout th.. Ilthof May AD 1877^ If .>.'a,.sthepap,.rnowshowntoy„uaco;.yofsnchnoHce? vourl'sw >?h ™r^''V'r •■''"'' '"^ '■*'P'"" '''""'''• '^ ^"' ^«" >■"" P™'l"ce and annex >ouranswerhereto, and if you cannot, state why not? I) ^ J-';'™"'-"'^'.^^;;*-^--'""'- H. Council on or abou. the month of July A idh V tTZD^'nT "; '""' -'^'-^^''^'-^--f-or no.s.ssionof said Branch 3420 a is Jh ^'"^'-"•J^^"^; '" accordance with chapter l(i of the Acts of 1874 If Work?™De7err% ,"''' '' "'' ^'■''-" ""' ''•°'" ^^^ ^"^P^*'- ^^ °f Public "orks to the Defendant ( ompany soon after its pas.sage, if so. please giv. the date 88 Twenty-First.- W,w any agreement relating to said Branch entered into and daL ? I r." '''^ '''■'''"''"'' ^'"'"P-^"^ -'' '^>^' Government of Canal Xr the let '4;:t.n:f ■ - '"""^"' '^ y- - ^^« P^^P- -- P-^-^i and shown ^ yt 3340 8i.naI,r''T''"'''''"r'^^""" '''"' *"'' —' '^i^'natures thereto respectively the signatures of yourself and the Secretary of said department ? ^ N. H. MEAOHER, Defeiuiants Attorney. HALIFAX, SS. IN THE SUPREME COURT. In Equity, 1879. Cause — THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY. PlainUJ.. '*'' vs. THE WESTERN COUNTIES RAILWAY COMPANY. Defendants. Cross-interrogatories administered to the Honorable Alexander Mackenzie under a commission issued hetein. iuacKenzie SKOND.-Who. ff any one. w„ p„a.„, b.,i,le, yo„„elf, KfU.m .nd DePu, ? . THlliD-Who dr««- your Mfention to ti.e faot, thst tho d.uw roferred to in Ih, tlnrtoontl, ■ntottos.to.y l,aj been inserU.J i„ ,.i,| .g„emont , 3,50 toenth ■„L™o"^T,;\"'°'° ^-^ ^°" '"» "'^"'"-""-^ i' '»-". ^'-'.a - in th, .i. ^ .i.e ntr„";h*;3;c;r " "° ^"""* °' '^« '"'" '° '^»-" -'-^ «» >- Tr, f>, n f» .1 • *^- McD. HENRY lo the Defts. or their atty. „, . " ' riaintjffs Attorney. 3460 w Answers of Hon. A. Mackenzie. the tenth day of ()cU)bci-. A. D. Ih7h. >veiru)er, A. 1). IH7S. to naoolis Railw.r . <'Over„„.,.nt of Canmia a..,| th. VVin.l.or an.l An ZI^X^^:;:^:^^"-'''''^^!^'-^^-^ -th keepi„,the p.ai„tiH:s.-oaalp?n. actin, a.. ^.rXzTr^::^::^:''' ''—'' '- "^' - ^- "nd thnniVtT^Vr ''^'"- ,'^'^-'- 't ,nust have been late in the year 1873 between Ii:?^';[:i':;::::'3':H:' j!'^ "'' ^eponentsait.. :-.. The..e we.-e negotiation. parti,.ula.ly in conn eU^n ^itl n.n "''T' '" """'"""" " '"' ''^^' ^'"^'^"^ «-"^h. that Bn.nch shou d HeJ , t; I'.^'w '^r":."' '"^^ ^r''' """ ^"^^' ^'"^"-^^ those negotiations a« M^ ter of Pub c ^.''t"'''., ;'"-"'^ '^''"''^•- ' '"' l^*^^' '" such mafter.. The pt"^ wL til f ^"•''\^'"^.t depa.tn.ent l.u.g charge.l with ine ptuo'-y>th» said deponent .saith:-'' The Act chap KJ of 37 Victoria, sect on 2 is as follows • ' rT.,*;i ""- -^ci, tnap. i(> of possession to fh . W / *■' ^"""'^•'' ' ^ Until arrangements are completed for giving R^nZ ior 1. " r"""" ^"'"^^ '""'"P^"^ °^ ^'- -i'l Windsor Branch Kailway, for the purpose of operating it until the completion of their line from Annapohs to Yarmouth, as provided in the agreement or proposal hereinafte, ec te" t shall be couipetent for the Government to make such oth^- arran. uen ts I^ mlv 3500 be necessary by coutmu.ug the working of the same by the Windso^ a ^^r^:"^. '"'^ ^, ^, '*-Vs^. .0^,%^ IMAGE EVALUATION TEST TARGET (MT-3) f/- // <9 . . IV /" '''P'^ ^ ^^^ ''^'■'""^'' interrogatory, the said deponent saith :-" I believe that I did execute an agieement such as is mentioned in the eleventh interrogatory. I signed itunderth. authority of the Statute and the Order in Council, a copy of which IS now produced and shown to me and marked ' I.' Such copy is certified to by W. A. Himsworth. Clerk of the Privy Council, whose signature I recognize." .K -I^' /l ^ oP'^ ^ ^^' ^"^^^^^^ interrogatory, the said deponent saith :-" The au- thonty of the Statute as well as the Order in Council." 13. In reply to the thirteenth interrogatory, the said .leponent saith — " The nntemnWH ' ^^T■ "^'"■"'^' '" «-■ ^ of ^'h. IG, 37 Victoria, shows that 3530 ^e contemplated making temporal arrangements for the Windsor and Annapolis Railway for operating the Windsor Branch, and the Deputy Minister of Justice Mr Bernard, was requested to prepare the agreement with reference to the proposed ar - angement, namely: that the Windsor and Annapolis Company should operate the .oad temporarily, pending its ddivery to the Western Counties Company, upon the same con,litions as were contained in a prior agreement, dated 22nd SeptembeV 1871 which agreement was cancelled, to the best of my recollection, in October 1873 It' never was intende,! to revive that agreement of 1871 ; and having given 'specific in- structions to the Deputy Minister of Justice on this point, I signe^i the ^reem nt without carefully considering its wordinsr" ^ o-.^ 14. To the fourteenth interrogatory, the said deponent .saith lect, but It was a long time after its execution." 1 •'>■ — To the fiftfenth Inii-rr-nrrot,^,-,. tV.. „_:j j .. . •.t f ,. o J, ••— -r.:-: -^rp^-nr::! ^!aIth :- <>t anything having been done to recognize its validity." -" I cannot recol- ■ T tiiii iiul Hware 91 Ui. To the sixteenth interrogatory, the said dejKjnent saith :-" I have no recol- lection of any negotiations respecting the confirmation of the agreement of 1871 W n 1 J" T: ' r !T u ^'^" "''>' """"^ ^'«" '^'^^^ f--^-^ Company (the W in.jsor and Annapolis) of which I am not awan." 17. To the seventeenth interrogatory, the deponent saith :-" I am aware that ;;: ' wiL'sof ZnT'*^ ""'""'r t*' ^ rr ''^ ^•'^'^^ ^^ ^-^^ -^""- ^ ^--'- ^^^o the Windsor Branch on a certain day-I think the firet of August 1877 But as to I e date I speak wholly from recollection. I helieve a copy L ^ent by maU f" m Ottawa, and a copy delivered to some official of the Company by Mr. Brydges I cannot .say ,f the paper now produced, marked 4, is a copy, as I have not the official copy to compare it w.th^ I have no doubt that it is a copy, and that I wrote it my- self and gave it to Mr. Braun to send." ^ 18. To the eighteenth interrogatory, the said deponent saith :-"I have no recol- pr^lTce ir "''"^ """^ '''^'^' " ^ ^'"^ '^" P*P"' *' *" '^''"^ °"^ *"'i I «'""°t 1 d. To the nineteenth intcTrogatory,the said deponent saith :-"The Governor in 3560 ouncil ,hd pa.ss such an orde, about the ninth of July, 1877. The paper produc 3 to ,ne, and '"arked 2, is, I believe, a true copy of such Order in Council and is certi- fied by the Clerk of the Council, who.se signature I recognize." 20. To tlie twentieth inteirogatory. the said deponent saith :-" I am unable to state If a copy was .sent to the Plaintiff or Defendant Company. I presume that a copy would be sent to the Defendants." presume that a 21 . To the twenty-fii-st interrogatory, the said deponent saith ;— '• There was an agreement. The paper now produced and shown me, marked 3, is the said agreement." ^^ 22. To the twenty-second inteirogatory, the .said deponent .saith :-" Yes, they JAMES J. FOY, ^^^^ Conira issioner. Answers of Hon. A. Mackenzie to Cross Interrogatories. 1. To the first cross interrogatory the said deponent saith :- ' I cannot fix the t''ating the VVin.lsor Branch JAMES J. FOY, Commisfiioaci: In r-.ply to Mr. D'Alton McCarthv O r ; eponent Alexander Mackenzie, upon'^'c.oss exZ^"""^ -1' ^'''■"^''^^- ^"" -''' 3G10 the first interview with any onJ about hT '".7"'"""";" f'*'^'' ■ ' I don't reu.en.her purporting to represent theVindsor an , tl^V^u •, ' """'^ ''••■ ^'">'"°''l-^ '^aile.l, call any of the conversation. I I„o lav f i '^ f "^ ^^"'"P''"^- ' — ^ - Octok^r, 1873. It may have been w.th ,S, T "?'' '" '^' ''■■^'•"- ■" Council of une,ual to recalling the subject conve^al "„" l' T^'u ''' '■^^""-^■- ''^ protested against the Order in CoundrCn . '"''""''''' *^ ^'- f^^y"'^!''.^ the Windsor and Annapolis andTolCZ "r " '° ''" «"— "'^ ^-tween I think I ren.ember the General ,- .n. ^ ' ™7"* ^ '''^"""t > allow them to operate unti! we could give effect to the agreement with the Western Counties Railway Company by Parliament- ary sanction^ I don t remember telling Mr. Reynolds that no steps would be taken adverse t^ the Plaintiffs Company without giving them notice and giving them an opportunity of being heard. I wont say, as a fact, that such was not so, bui I think It extremely improbable, as I considered this matter entirely settled by the agree- ment made. ' j "S'-'c to ca^ry S ouu" "' '""' '""'"*'' "^ ^'"""'^' '^"^ "" " '"*"''' "^ ^°"*=>' y«" '»*«"^«d 3^40 withfhp \ TT^^ ?' T ^•;'"*""t'^ti«" «"« t^nd to carry out the contract with the defendants enured into by their predeces.so.^ by the Order in Council al- rea,ly referred to (Oct 22nd, 1873). I have no recollection of any specific announce- ment to represenUtives of plaintiffs Company, c announce Q You h^ve already stated that you were aware that the Plaintiff Company contended generally that the Windsor and Annapolis Company had never faileTt^ operate the Road within the terms of the Lease, and that they ha'l been ui^ust W^N ed in the cancellation of it 1 Did you intimate to the RepreLuti ve of the Road tUt ^e^rtheless you would carry out the contract made with the NV^estern CountiL 3650 A. I have no recollection of any specific announcement of the kind it was not nece^ry to give such announcement, but if any pei^on asked the intention of the Government I undoubtedly would have replied that the Agreement of Oct 22nd 1873 would be earned into effect. I have no recollection at alfof what transpired at the mterview with Mr. Reynol.ls. I do remember the fact of such interview, it having been recalled to my recollection by Mr. Inn.s that Mr. Reynolds did represent the Company, otherwi.se I should not have remembered it I .lo not remember Mr Rey- nolds presenting a petition to the Governor-General through me. I do not rememlir how many interviews I had with Mr. Reynolds, whether one or more. I don't re- 3660 .uember admitting to Mr. Reynolds that the order of 22nd Oct., 1873 was w'thout egal justification. I knew there were grounds for it and legal justifications. ' I did no make such an admission. I don't say I did not see the Petition. I have no re- collection of It I recollect -of interview with DePass in Spring of 1874. I don't re- member If ..e was introduced as representing the Railway. I have no recollection of It I have no recollection of the general contention of DePass. I presume it was same as Reynolds. I don't recollect if Bill for Act of 1874 was introduced late in dTatlb^B^, u" *'' ^^P^--^^--- °f the Western Counties Railway did not 3670 ^ 94 Q. Do yo„ n,momber whether Mr. DePas. or any other represenUtives of the Company ever changed h.s contention that the Order in Council wa« unjuHt and that they were unjustly treated in the cancellation of their Lease ? n.H "^f M^ n p""* "'""'' "7'^'"'^ *^""' "^ '■''*"«" "■• «=«P"-««'i'>n of views on the part of Mr DePass or any other person concerning the cancellation of the lea«.. other hau what 1 have staU-d. I cannot tell whether Mr. DePas.s acquiesed in the action of the Government or not but I believe that he accpU-d the action of the Government a. decisive My reason for believm,, this i.s his ncyoti.vtions with the other Co.npany know I. rr P-l"^"'-'t -ithout any serious opposition. I acquired my 3680 knowledge of the negotiations about th. tim. of th,- Aet pu,ssi„g,%. the Bill being before the House. I am not certain as to the date. I give my impression. I won't state It positively^ Mr. DePa^s admitu.! to me that he had ..vn discussing the matter operating the Windsor Branch with Mr. Killain. I dont think he di;cu.ssed the object of the p,oiK,sed arrangement. I recollect nothing but alxiut proposed per cent- Zthat '"""*'"' ^ '""" ^" """" *'™"*'"""-" ' -^'^^y^ <*'lvi«ed them to Q. Did Mr. DePa88 say, in making the admission alivady referre■ ^' DePass other than nave all eady stated, but he must have known that the Western Counties Company would, under their agreement, obtain possession of the Windsor Branch when the con- ditions were, m the estimation of the Government, fulKlled. Q. What specific admission do you refer to in the al)ove answer ? A. I refer to the previous evidence. Q. Do you refer to the admission in the answer to the eighth interrogatory, or to the answer to my question in this CI os.s-examination ? A. i refer t« any part of the evidence which .leals with this question. I can't give any more definite answer. I have only a general recollection that Mr. DePass 3700 •Dfoimedme of some negotiations with Mr. Killam, either voluntarily or in reply to a question put by me. but whether this occurred once or twice. I cannot say. I have no distinct reco! ection of anything occurring in the presence of Messn,. DePa.ss and Killam I should say that as everything I deemed essential n.ust have l>een in writ- ing, I did not think It necessary to charge my memory with what I must have con- s.dere.1 mere di.scussion of an in.k.fiiiite character. The Windsor and Annapolis Company continued in actual po.ssession of the Windsor Branch, .so far as I remeniber until sometime in 1877. I do not rem.mber of any notice being given to them of the san.e character as the notice of May II. 1877, but this can be best a.scertained in the Department of Public Works. I think the tolls and share of income provided 3710 m the lease of 1871 continued to b. paid by the Company, or luther to be ^charged to them. I cannot recollect any change being made T mo,la „.. „. ..^:.,_ tnci. ii.ysfif, except that of June, 1875, that I rememl: What led up to the a; iffree- 96 ment of June. 1875, wu this:-! think H wa« tJ,. nec<-««ity of ^.-tini; u.e ,.«,l i„ eo„d.t.o.. an.l .hanging the ,...«.. i.. connection with the u.ain ll- Itl J t^r hit B Inch n . "■:•'""";"" ""«''^ '^•^•' J-^'«". the Oovernment He 17S0 .1... coC.°' r/'i'^nat ::rrl:::::'r,:;.t?::::;;;r.'::'r;':;;':' "■ document by the Company, nor where executed Th.t f » *u * ''"^"^'O" "^ the Acl ,( P.,.|,.,„,nt-^™ w„ o„„.i,K.,„l, I h.v, „. ,„„i|,,,,i, , ,„,.,,i„„ lllj!" I dont recollec .f ,t ha.i then been execut...! by the Con.pany. The practte wkh tuTbTlh" G ''^' ^'t." "^ ^'-"^ '" ''^' ^•«"-' ^^ the'^Wtractor L or sig a di«erenee in the agreement. I thinfl^.^L t va' rti^luhriir" ^att ''' ..np....o. I thought that Mr. Killam w. .u.i„forme«'•»' i« any document or menu^ P Kl- n ' ' ^ •'''^' "" right to n.ake any statement re.spectingdocu- 37C0 ment« .„ a Pubhc Department,even if 1 had knowledge of the.n, as that rest^whony iith 96 then, in Julv 1S77 m- K f '"' "'"'''^^ "«> '^fo'^ the Branch road was handed over to I am not sure that the Windsor and Annapolis ha 1 fu Iv n/rJ ^ ..u ■ ^'^^^""°«"*- A^eement of June, 1875. ^""^Po"^ ha-l tully performed their part of the todolde:trtt;:elTf^'^"^'^'"'"'''^ '-- -'^"^-^ -^^^^ they were bound -4. I have no personal knowledge of the matfor an.l if t i- 1 i , , I Jo not rememfer ,„ interview with DeP»,« in December. 187-t. but that he did ; it ILZZi^lf ' " ""''■ *"" ' '"™ "» <"""" "l'«'«™' A„,»tHr^i;X%t:^n"°r ' °' *^'"' ""■ """■""""'" '» «■» w»^- •-« -4. I cannot say if it was. .n.v l^:z^'^^::z IT "- --^ '^ '^' ^--^ -- ,.( iuSS'ZTlS'^'r''.r", ' '"^ ""' "■' '" f-^'-P" »' *e Agreement any agi cement except such as the statute sanctioned. 3790 (Signed) 8wom and examined and signed by the above \ named Alexander Mackenzie, at Toronto in 1 tlie County of York, in the Province of/ Ontaria, this fourth day of January A D 1879. ' JAMES F. FOY, Commiaxionei A. MACKENZIE. in Interrogatories to F, Bram>. a witness for Defendants, and Us Answers thereto. Q- Wlmt is your ago. name, and place ,.f residence > 1 .v«ciiv,<^ . 3800 A. My age i.s Hfty-two ; na.ne, Frederick Braun ; residence. City of Ottawa of Calda" '"" ''' ^""^^^ ''' ''"^ ^^P-'"-^ "^ ^"'^■ie Works of the Dominion A. I am. Ihe Windsor B,.„ch ! "''*■ '''■'""'-• '" "'" ^''""S kn.'wn », A. I am. Railway Comp.n,, Kentvili;. N S ,' , ; ;;;;;;:' ^/;-'^;;, Wi"«h I d^'^line to allow to be taken from my custody, on the ground that it is a public document ; buf I also produce a true copy- of said original reply, which I h«ve examined and compared with said original, which said copy is marked "A." as an exhibit. .ette;t'z;:n;r :! t '" '" "' '"°"^"^ ^-^ -'-^^'^ ^^ ™^ -'' ^'^ Domiin of^cld^r^ '" "^^''^^ ^^"' °' ''"^ '"'-'"''''' °' ^"^'''^ ^^^^ ^- '^« ^850 use hv ■ l n '"'°" '^' '"'' °^ '^' ''•'^ Department of Public Works which was in aTd LZt T'TT '"' ''' '"'' "'^^ "^""^^"'^ ^'^'^^ '^-•^-'^ -d seventv-seven and ttie whole of said year. PubIi?Worrf'^!."n""^'' '^^""''" ^''^'""'' ^'--'-of-id Department of Public U orks for the Douunion of Canada during ,he year one thousand eight hundred and seventy-seven, and do you know his handwriting, and have you seen L write? A. Honorable Alexander Mackenzie was Minister of Public Works during said t.me, and I know his handwriting, and have frequently seen him write. Q. Is the agreement made the sixth day of September one thousand eight hun- 3860 d ed and -venty-.even between Her Majesty the Qu.en, therein represented bv the -Mm.ster of Pubhc U orks of ,he Dominion of Canada, of the first part, and the West! ern Counties Railv^ay Company of the other part, and now produced and marked with the letter B sealed with the said seal of said Department of Public Works for the eight hundred and seventy-seven, and countersigned by you. and signed bv ,he «aid Honorable Alexander Mackenzie, as Minister of Public Works for the Dominion of A It is. (Said document has been put in, and marked as Exhibit B. by me.-A. F.) 3870 A. FERGUSON, Uomm\ P9 Vro.s-.^anuned by Mr. McCaal, U.,un.rl j,,,- PlauUif,, u,ho ,aas nr.senl as mch Counsel dnring the .xamiualion in rhu/-.- ' Q. Did voii know said D,.p,,ss pei.sonallv ? A. Idid Q l)id you know of you,- own pergonal knowledge that said DePas. was acting as Coram..s,oner of tl.e Windsor au.l Annapolis Ra.lwav Company ? ^ Q Do you know the handwriting of said DePass .' ^■1. I do not, never having; seen him write. (I ^'«ny"" '^ly that the commnnirations above lefened to and fh,. I.t,» e . .0 .n your examin.tion in chief were written by said DelW "'" "' -1. I cannot Re-examined by Mr. GormiiUt^ : — fhreJ^'ul^Z T ^■",^'''^'1 '''■': ^u"^"'"'"' °"^ """^«"'' «'^h. hundred and seventy- ot ;.d department as repre^;- :ir:;L lH'Z^Z::,:^^;^: ^ "^^^^ and were not numerous official letters ad.lre.sed to said D P as E A H p"'' t»qu.re, Commissioner W.ndsor and AnnapoHs Railway (^.IpZfLn^it V ?"' A. Yes. and prior to November, one thousand eight hundred and seventy three. heret?rec!^;r';'"''^ T' '''"''' '"^ '"' ' ''''' ^^^^"^'^ ^-k-' E^^if-it .-A," nereto leceived b\ the s;,id Department nf P„f,lii. Work, of ,h^ n ■ ■ .■ r. Yes. A. FERCrSON. f^Signed) F. BRAUN. Serrpfnry 'ommissioner. 3910 loo Interrogatories to Himsworth, a Witness for Defen.Iants, and Answers, Jiy Mr. Gormully: il Are you the Clerk of the Que..n's Privv Council for Cnna.la? I. so • how long have you held that office, an.! acted as «urh ? t' so . now A. i am ; and have acted as such sinre the Krst of July, A. D., 1872. V. Is the .in^ature • W A. Ilimswor.h," subscribed to e uh of the ce,tificUe. dated the th.r,eent day of December, A. I)., l.TS. and written on each of th pap • ;■ '• ':;':^r "' and ,how„ to you, a„d marked respectively with the le7e Ij and H. in your handwritini; ? It is S9S0 by ml^A' F.7"'^ "" '"' ""' "' '"'' ""''"' ^ •'"^'^''^ « -'' "■ -pectivelv. q. Have you, amongst the records „f the Qu.en's Privy Council (or Cr^.A ■ • I I have. ()rder''in vT' .rVT""'"' '^^ ""' P^'"" " '""'^ '"^^'^^^ '•«" -ith the said original J mt rr' r ' ■ '^^">-^^''r-^ -^-y °' •^■'■''. A D., 1875, and is the .aid pTper writing marked "G, ' a true copy there -f ? ^ A. I have e.vamined it and it is a true copy. il Have vo„ amongst the records of the Queen's Privv Council for Canad,, as 01 July, A. L> , 18 ,7, and the Keport hereunto annexed .' . A . I have. • • Z*^ '^''."^ >""'^'^™P»'-«''i'hes,.id paper wriring marked •' H " with the said -..mal Order in Council „f the twenty-fifth dav of July, A D . 1877, nd the ad Report thereunto annexed and are ,he, respectivelv true copies thereof? -I. I have examined them and they are true copies thereof (I Are vou the custodian of the Records of Mie Queen's Privy Council for Canada ? 3940 .1. 1 am. V. Are you permitted to allo.v the Records of the said Queen's Privv Council for Canada^ to he removed from their place of deposit in the archives of the said ^rivy .1 I am not A FERGUSON. Comnn..,-oner. ^^'^""'^ ^^' ' "''^ISWORTH. 101 EXIIilBIT a-. HALIFAX, s.s. IN THE SUPRKME COURT, In KyriTv Caasr- ^"" 3960 THE WINDSOR AND ANNAPoLLS RAILWAY COMPANY, /V,«/«^y.. vg. THE WESTERN COUNTIES RAILWAY COMPANY, Defendants. I.V Ji'7 "^if '^"^'T' 1, "" * '""""'""' "^ ""■ "'"""■^•'l" tl- Privy Council. approv.I l.y Hi.s K.xc.lli.ncy Dw Oownu.r-O.nrral in Council, on tl,.. 22n,i April, Ih?.-,. Pu.h'.'w t^^'.''"^^:'/ """ ""•' -^r'i'. ^^7r, fn>n>tlK.H..n„,.al,l..ti,c.Mini.storof he \n,i.o Branch of the Intercolonial Railway, power was ,nvcn to tho (lovorn SOOO nient to make arranj,a.n.ents to jrive to the Western Counties Railway Con.pany pos- session of he \\,nds^- Branch on the 1st Decen.her, 1«7.S, who . " • to be boun.l fro,„ th,.s ,late to work it ettieiently an,l ke,,. the sau.e in repair at tla-.r own pZ, costs an.l char-es, they recivin- a,l the earnings of the Branch. Tlmt on the completio., of the line fro„> Yarmouth to Annapolis, the Windsor i.ranch was to become tlie absolute property .,f the C,.ri,i,any. That i^n consideration of :',e above, the Company was to undertake to complete the line between Yarmouth and Annapolis, with all reasonable despatch. That the Company have not been in a position to fulHl that part of the agreen.ent winch re.pnres then, to have taken possession of the Branch on the 1st 3970 1 ecen.ber, I,S7.J, and thereafter work it and keep it in repair at their own costs and cnaryes. Thai it is apprehended they will also have great dirtieultv in securing the construc- tion ot the l.ne between Yarmouth and Annapolis, as they are not prosecuting it with all reasonable .lespatch, as reipiired by the agie.inent. That it is. therefore, not expedient uncl.M- existing circumstances to convey the line to tl... W estern Railway Company, as they have no n.eans of working it or n.akin.. t.u. necessary rep.,irs at present urgently ropiin-d, the eo., „f which, it is estimated' will be about SSO.OOO in two years ; and reeonm.ending that, until further orden.,l' the ex.st,n;:a..range,Ment with tl,. Windsor and Annapolis Co.npany l,e continued, and' 3080 hat authority be granted to e.x,„.„d the amount required for putting the Windsor israncti m a sate ami proper con lition. Tl. euc:;: and Annapolis line in order to meet th ;y mere i.^ i„i changing tiie gauge of the W indsor requirements of the traffic and of the fjoubts 109 .-.I.Ttain..,! of th- willinK'n.^. or al,ili,.v „f th- Cotupany un^l-rtukin;;, without, rvs.i.l. •nil'-, to ,„rrt tl^,- ^;-,,.,tl .■.v|„.„.r s,,..), a .-liMM-.. w,.ul.l .■„tnil o„ tlir.n. Tl... Minist.-r '""I" '■ " ,oi,„„,.,„l, that, as an in.l.i.vnunt to th..»,, authority ho «rant..| for ,uakii..r ;'," I-"'"- "/ 7^1' ""■ ' ' I""'.V '■>■ -hi..h th.,v w,li ..,.K'a,n:,o dm,.,., th.. ,.auK- of thf li,.,. o,. th- f,.liowir.ir, n;rin..s for pass(.n;,'i.r trains, say Six ..r.-in-.s to 1... coiivvrte.!, l,.ss valu.- of n"in.. ,.M .■,i;,i,i,.H, say. Fourtfin tru(.ks f,)r pa.ss.'n^'cr cars, at SmoO ,at-h One Jiundr...,! an.l forty trucks for fr..i<,'ht cars, at l?:t,-,0 .acii . . ?*J .".,()( HI . 20,000 1 1 ,'.'00 40,000 I.-S ir,:, „M tnu.k., at 5!;ioo l'!J:;;; Total »44,700 »Hs,.|v..s at their ..wn cost an.l t.> ,'.v.. a l..-al .lischarfTc of all claims a-ainst the ( Jo\vrn.i„.nt, an.l the latter to also iliM.har^'o all claims nj;ainst the Company. The ('.)inmitt..e siihmit the forej^oin,' rewmmen.lations for your P:KCellencv's ai)- ]iioval. - ' I'lUVV ('.lIXCIl, Ukki. K, Ottawa, i:Jth I)..cemlx'r, IH7M. I (vttify that the fon^goin;,. is a true copy of the ori^Mnai Or.ler in (Council ,Ie- l-..;'.l au.on.st the Rec.r.ls of the (^u..ens Priv,- Council for (.'ana.la. in n.y custolly t 'l.rk of the said Privy Council. W. A. HIMSWORTH, Clerk- of the Queen » I'rlv^ Council for Canada. 4010 t W.lhau, Al red EJunsworth, taken l,..fore me und,.r conunission at the City of < >ttawa, in the County of Carleton, this 20th day of Decemher A D I.STM A. FERUUSON, Coinniinnionei «nH M T • " ", ""■'"' ^' ''^■^' '''''^ '^ '" ^■-^'^"""'^tiou of .he Honorable Alex- Hnde. MackenzKs taken hefore me un.h-r agreenu-U and or.ler in this caus.. at th,. ( ity of Toronto, in the County of York, this fourth day of Janua-y, A, 1)., I,s7l). J AM La J. FOV, Comm>i<,sio»er. 4020 103 HALIFAX, SS. Cause- IN THE SUPREME COURT, In Equity. THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plaintiffs. vs. THE WESTERN COUNTIES RAILWAY COMPANY, Defendants. Copy of a Report of a Committee of the Honorable Privy Council, approved by His Excellency the Governor General in Council, on the 23rd day of July, 1877 . The Committee have had under consideration a Memorandum from the Honorable the Minister of Public Works, dated - July, 1877, recommending that possession of the Windscr Branch Railway be given to the Western Counties Railway Company on the Ist August, 1877, and they concur in said recommendation and submit the same for Your Excellency's approval. Certified. W. A. HIMSWORTH, Clerk Privy Council. MEMORANDUM. Ottawa, July, 1877. 4030 4040 The undersigned reports that on the 21st September, 1871, the Windsor and An- napolis Railway Company entered into an agreement for operating the Windsor Branch Railway for a certain number of years, which agreement was approved and ratified by Order in Council, dated 22nd September, 1871. That on the gist October, 1873, the Honorable the Minister of Public Works reported that the Windsor and Annapolis Railway Company had failed to operate the Windsor Branch Railway and to comply with the other terms and conditions of the agreement dated 2l8t September, 1871, and that upon this report an Order in Council was passed on the 22nd October, 1873, authorizing the Government to proceed imme- diately to operate the railway between Halifax and Windsor. 4O50 That on the 23rd May, 1873, a resolution was passed by the House of Commons authorizing the Government to enter into negotiations " with some reliable Association " or Company, for the transfer of the railway from Windsor to the Trunk line from ** Halifax t,n IViirn nnnn n""'''^»'^" tU«f o.,«U A :_*.;__ -- ri _ _ „ _ _ ' • " way from Annapolis to Yarmouth, subject to the approval of Parliament at the next " session." 104 That such an agreement was entered into by Orders in Council dated the 22ad day of October and 30th day of October, 1873. That on the 26th May, 1874, an Act was passed renting the said agreement and confirming the same, and authorizing the Government, until arrangements were com- 4060 pleted for giving possession to the Western Countie. Railway Company of the said Windsor Branch Railway, to make such other arrangements as might be necessary for the purpose of operating the said Branch Railway by continuing the working of the same by the Windsor and Annapolis Railway Company, or otherwise. That on the 22nd day of April, 1875, an Order in Council was passed, provid- ing ; "l-hat, until further ordered, the existing arrangements with the Windsor and Annapolis Railway Company should be continued." Ihat on the 22nd June, 1875, an agreement was entered into with that Company for the operation of the said Branch line, which agreemeyit, through error, contained a clause declaring the agreement of 2Ut September, 1871. above mentioned, to be 4070 in full force. That under ttie provisions of the Act of i874, referred to, and of the Order in Council of 22nd April. 1875, the power of the Government to enter into any agree- ment with the Windsor and Annapolis Railway Company was limited, and the said agreement, therefore, must be considered merely tempora'y, and "until further ordered." , That it appears from representations made by the said Western Counties Railway Company that their line will soon be completed to Digby, whence communication can be had by steamer to the railway terminus at Annapolis, and that it is now essential that possession of the said Windsor Rianch Railway should be given to them, as pro- 408O vided in the Act of 1874, to enable the Company to avail itself of the advantages to be obtained thereby for finishing the whole line. That it was deemed expedient and proper to comply with this request, and that, in accordance with this conclusion, the Windsor and Annapolis Railway Company nere notified on the 11th May last, that on the 1st August, 1877. the Windsor Branch Rail- way would be transferred to the Western Counties Railway, and that the temporary agreemet.t for operating the Windsor Branch Railway would terminate at the same date. That the Windsor and Annapolis Railway Company did, by letter dated 24th May, 1877, acknowledge the receipt of said notice of Ilth May, 1877. The undersigned now recommend that possession of the said Windsor Branch Rail- 4090 way be given to the Western Counties Railway Company on the 1st August, 1877, under the terms of the Act of May. 1874, entitled. "An Act to authorize the transfer " of the Windsor Branch of the Nova Scotia Railway to the Western Counties Rail- " way Company." Rpsnectfiillv Kiilimirfo^l r — -■ — ■- (Signed) m A MACKENZIE, Minister of Public Works 105 Privy Council Officb, Ottawa, 18th December, 1878. R,n«l "'f\'^''' the foregoing i. a true copy of the original Order in Council and 4100 0.1 for Canada. ,n my custody, as Clerk of the said Privy Council. W. A. HIMSWORTH, Clerk of the Queen's Privy Council of Canada. WiUi!^ A f H H T , '^ '^' '"'*" "^' ''''"'^ "^ ••> the examination of W Iham Alfred Himsworth, taken before me. under Commission, at the City of OtUwa m the County of Carleton. this 20th day of December, A. D., 1878. A, FERGUSON, Cotnmiationer. Alexlr M t ! Ti'** *' "■"^"""^ '"^ ^° '^^'^ examination of the Honorable 4110 A exander Mackenzie taken before me, under agreement and order in this cause, at the Cty of Toronto, .n the County of York, this fourth day of January, A. D.. 1879. JAMES J. FOY, Oommittioner. 1()« HALIFAI, 88. IN THE SUPREME COURT, In Equity. Cause — THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plaintiffs. 4120 vs. THE WESTERN COUNTIES RAILWAY COMPANY Defendants. Memobanditm of Agreement made the sixth day of September, A. D.. 1877 l^tween Her Majesty the Queen, herein represented by the Minister of Public Wo.5 ot^eT^H ^'■'' '°^ '^" ^"''"^ ''"""'''^■^ ^''^^y C«-P-ny. on the Whereas, by the Act of the Parliament of Canada, thirty-seventh Victoria 1874 ComZvlh W™ r^^" J™"*' ^ ^""'^P^"^' g'- possession to the said Company of the Windsor Branch of the Nova Scotia Railway, mentioned in the said 4130 And whereas, the said Company have requested the Government to give posses- sion of the same to them at once ; the foirotitrSitts'?"^^"^"'"^ '"'' '''-' ^" '^-^'^ -''' '^'^^ -^"- "p- Her ^riv'v c'"' TfT^ ^}'T''^' '^^'^^ ^^^ Majesty, by and with the advice of He. Pnvy Council of Canada, hereby gives to the Western Counties Railway Com- pany possession of the .aid Windsor Branch line, and the said Railway Company ac- cept possession thereof upon the terms following : J >- J The Company to work it efficiently and keep the same in repair at their own 4140 proper cost and charges; collecting, receiving and appropriating to their own use all the tolls and earnings of the same. The said railway and appurtenances, from Win.lsor to the trunk line, shall be an,l become absolutely the property of the said Western Counties Railway Company. That the said Company hereby ..nga.,. to prosecute the work of building the railway from Yarmouth to Annapolis, and complet.. the same with all reasonable despatch, and the parties hereto hereby .leolare that if the the same be con.pleted on or before the first ir». vs. THE WESTERN COUNTIES RAILWAY COMPANY, De/en^lunU 4190 (Copy No. 616) Sir,— 11th May, 1877. I am chrected by the Minister of Public Works to notify your Company that it is the intention ot the Government to transfer the Windsor B.anch Railway to the Western Counties Railway Company on the first day of August next, under authority of the fetatuteCap. 16, 37th Victoria, and that the arrangement made for the temporary working of the line with the Windsor and Annapolis Railway, under the second section of that Act, will terminate on that day. I have the honor to be, Sir, Your obedient servant, 4200 E. A. Depas8, Comr. W. & A Railway, Kentville, N. S. (Sgd.) F. BRAUN. f P u'^vf^'^'Vu" t^^°'"^ '' ^ '^"« "«Py of a letter written by the Department ot 1 ublic Works of the Dominion of (-'anada. T. I'RUDEAU, Deputy of the Minister of Public Works of the Dominion of Canada. This IS the exhibit marked 4 referred to in the examination of the Honorable Alexander Mackenzie, t.kon before me thf fourth day of January, A. D. 1879 at the 4210 city of loronto, in th,. Cuuntv of York, undrr agreement a.ul order made in this rause JAMES J. FOY, Com g issioner. 109 EJ^CHIBIT .A.. Hon. Alkxandkr Mackrnzib, Miniiter of Public Works, Ac , &c., &c , (Copy of 13841.) Windsor and Aknapouh Railway, Commiiiioner'g Office, Kbntvili.r, N. S . «4th May, 1877. Sir,— Ottawa. 4220 . '/^».'° ••^knowledge receipt of a letter f .Vo. 616) from Mr. Braun, dated 11th May. .nform.og me of the intention of the Government to hand over the Wind or Branch Railway to the Western Counties Railway Company on Ut August next. I presume the transfer will be made subject to the lease of running powers over ;, alTe and Irunk lines which m, Company hold, and to which they H^^^Z 1 have the honor to be. Sir, Your obedient servant, (Signed) E. A. DePASS. 42S0 Fr. ,'^"r V^" ^""T" T^"^ "'"^ '^' '^"^' "^'" ^«f-'«^'J '" in the examination of Frederick Braun, taken before me. under Commission, at the City of Ottawa n the County of Carleton, this UOth day of December. A. D , 1878. A. FERGUSON, Comm iasioner. uJZr M t '^"''""u "Jt"* ^' "''"■^ " '' "" ««»in«i=. of .he Honor.bl. a aay oi January. A. D., 1879, under agreement and order in this cause. JAMES J. FOY, Commissioner. 4240 110 HALIFW, sy. CauM IN THE SUPREME COURT, In Em ity. THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plainlif.. vs. THE WESTERN COUNTIES RAILWAY COMPANY, D.rer>dants. A Statement of the Facts connected with the Operating of the 4250 Windsor Branch Eailway by the Windsor and Annapolis Railway Company. On the 2nd May, 1865. the Legislature of Nova Scotia passed an Act which pro- vided for the construction of a line of railway from Windsor to Annapolis, and declared that such railway should be a public Provincial work. On 22nd November, 1866. in virtue of said Act. the Commissioner of Railways for Nova Scotia by h.s attorneys, entered into an Agreement with Punchard, Barry & Clark, of London, G. B.. for the construction of said railway. Article 11 of this Agreement being in the following terms : _' ^"-^ '' '« ^^''^l ">"'"»">• agreed that, prior to the opening of the railroad, a 4260 traffic arrangement shall be made between the said parties of the second part and the Provwu.al Government '"or the mutual use and employment of their respective lines -f railway between llahfa: and Windsor and Windsor and Annapolis, including ■ running powers, or for the j unt operations thereof on equitable terms, to be settled by two arbitrators to be chosen by the said parties in the usual way in case of " difference. On the 7th May, 1867. the " Wiu.l.or and Annapolis Railway Company" was incorporated by an Act of the Legislature of Nova Scotia. .B.) vie.; cap 36 ; "and by section 11 thereof the abovc-mentione.l Agreement and Act, so far as not altered o'r modified thereby, "were incorporated into ,.n.l mad. p.rt and parcel of this Act." thus 4270 giving to the Company an inalienable ri.ht to exer, ise running powers over the line of railway from Halifax to Windsor, so soon as ,heir own line from Windsor to Anna- polis had been constructed and ojiened (or traffic Whilst the r:!!lw:!v h.t British North America Act Confederated Do came into operation, and N ..p..i.> n,.s uiiiii r construction the iminion of Canada, the Government of wliicl o\d Scotia became part of the in terms of tl ■ |)rovivi(.ns ill of said Act, became owners of the railway from Halifiv ,a VVI ' . the successors of the Provincial C , ^ V\ m„,sor, and consequently Arf« H f'-ov'ncul Government ,n the Before- mentioned Agreement and the completion of their works thev w.-r, ^^7';*"^'-'^ '" '^^ Company, and upon 4280 ihe C'ompanv thereupon «ent out Mr I 4 \1....„ i l- . . missioner, to reijotiate ..ith ,k. I , , '■°«'"°''' *" ''"'' ''''»»- ^C^'tz^,- :rt =— £C=? -?-^ - «- appointed by the Government for the purpose entering h ^' "''° "'' the Government for loss and damage oLas i,, ed by hei; X. ,7 VZ 'T' P.ny to exercise the rights and privileges conferrJd oT t^e^ 1 '1 IT ^o^Ie aforesaid agreement embodied in their Charter. ^ After meetings and conferences between Snndford Fleming and the Tomn,; • Art. l._ll„, ,W Company .h.|| h.,e th, „cl„,ive „.e of th,- W.nd.or Branch Art. lO.-That the Company shall pay to the Government one-third of the gross earnings monthly. ^ """■ ''■~'t;lpoiis';rA "■ '"' " r"'*-' ^'^ ^^''^^^ ^^^-^ "«''*- -^ Annapolis the Agreement shall terminate. 112 Art 20— That such failure shall not prejudice existing rights, and by Art. -2 1.— That the Agreement shall subsist for twenty-one years, and be then le- 4320 newable. The formal sanction of the Dominion Parliament to this Agreement was not con- sidered necessary, inasmuch as it was made in virtue of an Act of Legislature of Nova Scotia, before referred to, at a tune wheu they were proprietors of the line of railway be- tween Halifax and Windsor, and it devolv.d upon the Dominion Government, accord- ing to the opinion of the Minister of Justice, .o give effect to that Act. On 1st January, ISli, in tenns of the la.r-mentioned agrce-ient, the (Jump.inv began exclusively to operate the Windsor Branch Railway, and to exercis, runnii- powers over the Trunk Line into Halifax. On the faith of the Agreement the Company largely increased then rolling stock, at very cousiderable expense to efficiontlv provide 4330 for the additional service. In the session of 1870, the L.-zislature „f Nova Scotia passed an Act incorporating the Western Counties Raihvay Company, lor the purpose of extendi.^, railw ,v com- munication from Annapolis to Yarmouth On ^.'3rd May, 1873, the Dominion Parliment passed a Resolution authorizing the Government to enter into negotiations during the recess for the transfer of the Windsor Branch Hailmay to rehable parties who would construct a raihvav between Annapolis and Yarmouth. At the same time that application was made to have section 11 of their Agreement earned out, the Company preferred certain equitable claims against the Government of 4340 Canada, partly arising from previous refusal to give effect to this section, but thev were unable at that time to obtain any consideration of the said claims at the hands 'of the Government. I'he condition of their ro.^d b -ing such as to imperatively deman.l large and immediate outlays, the Company allowed p.ument of the one-third of the c^ross earnings to fall into arrear. in the hope that the Government would give a decision as to the said claims, and allow the arrears of oi-e third tolls as a set-off. The Government however, decned to accept this view, and the Company, under threat that the Govern" ment would take possession of the Windsor Branch, paid the said arrears in November, lo72. From the same causes, and under similar circumst inces, the one-third tolls were 4350 again allowed to fall in arrear. The .Minister of Public Works made several applica- tions to the Companv to have the balance settled, and at length threatene.l that unless payment was made by 1st October, 187.'i, the (Jovernment would resume possession of the Winds r Branch. The Company, being unable to provide the necessary funds with- in the time stipulated, entreated for a further delav, .so that efforts might be made to ruse the monev in England ; and the Minister of Public Wo ks accordtnglv agreed to take no action till 1st November. 1873, his p.on.ise to this effect being given verbally to the UMnpany-.s Agent at Uttawa Uhos. Reynolds Esq.), annut., but thoy learn from a pnv.te .source that its terms are as follow,— ''operatether::!vt„ow; :h:;t/T"''^, ^'^"^^-^ '''-^"^"-^ ^^^"^ ^^"^'^ - "oil of the 22„d Sept7„Z 87 u"' , ' "'"'"'"'^ '" "^^' ^^'■''^' '" ^-"- "of that Order in Co "dl '„ „ '"'''''' "'"' '^''^ "^^-- '^^^^ -'' -"'''"on, "and though repeauc h ;■ ed °" °T ''"•'"" '° '''^ ^--rnment of Canada. 4370 " that inasmlh a h Li r "'"'" U ''' '^'^" '^""' '" ''" ^" '' ^'"' -commending " H.ifa. and a::; :,r HeZ;:L:::;;o;::,:T'^°"''°'^ '^^ ^"*^-^ ^^'-- " the said Order ia Coun,;) -I ? ' " "' ' '^^ «"thorities,' by •• Halifax and W.nd J" ' '""""' ""'-''■ ''^''y - ''P-'te the railway between approval''^ "'"'""'"^^ ^"''"' ''^ "^"^^ .ecommendatiou for Your Excellency's " Ortifird. (Signed) .'W A. fllMSWORni, " Clerk of Privi, Council." 4380 «i"ued up till now unTnruodrv /'"•"" •^^''''" '^ ^""^'P'^"^' ^"'' ^^^ -- whole of said line ZnT.l'^t'' '"' -t-f^^^ion of the public, to operate the the agreemen riled "r CgT"^' 'V':'' '''' ""^ '-'" ''^^ -/-'^ 'han Co^^pany the ^H.htes/^lissa "^^ ^^ 'I ^arirr. T ^^"^^^^'^ '" '^^ 'he Branch, All the ..orre.nnn 1 7 "'' ''"">' '^^''^ operating Branch by the aover;.me::irs:.;t:r" '"^' '^^'"^"^"r' --P""" ''^ ^^^ the ground of complaint ,„,, ''p '■'''' '*^^ """I'^'y-^^"' of the o„e-third tolls as failure on their p! t I^p ''e ^^ 'l''"'' T" """'" "■^""""^ °' ='">' ~'-" «' derived from the 'p rUd oT e. 'er iTc '^°" " '""l'""'' °' ^"^^ ^^"^^ ^^^"^ ^^^O -.s obta.„ed from a pri a ou c Sub " 7 ' '°' ''''''''' '' ^'^P'^*"^'^- 'il. the Company r.sume n . /'"^'-q^'ent to the passing of this Order in Coun- the amount oT ch 1 sTeret "T''^' ""^ " ''' "''^"''--- '^^K before mentioned """ '' ''^^^ ''^"^ ^ ^ -^-« ^--t the. claims On same date, 22nd Orfnhpr i«7«j .l ,> , to future approva o, P ", l"; '' 1"°'^^^ "^--i' was passed, subject Counties Ra Iw.v ( ■„ ' "^ ,'';"'7 ' ''''''''.''.'. ^^^^ P-P"-'^ -ade by the Western ^^-e approved. ' SeerLr;/ Vi;;tr;:. ^2. 7^"^ "' '''^ ^'""^^ '^--^ .v..l"„''.''.'''^^"'^:^' ^^^''^^ ^^- «••''- in Council, a further oronos., U. ... ...... ■eterence to the Trunk line was approved. < 4 4 /\r\ Stat Vic, f:'ap. 16, Sch. B. 114 c , r , . "• ne . Until ;rlgltt: „ ^ ^ operating it. the Government may make such " iirrangements as may be nece<«arv K.. „ .■ • l , ■ '. VV;., I A A ""Y"^ "^'^''-^afy by continuing the working of the same hv the V\ indsor and Annapolis Railway Company, or otherwise. " In the spring of 1N7.5, the Government of Canada was making arrangements ,or changing ,he gauge of the Government Railways in the Maritime Provinces.'and entered 4430 rights ove. the 1 runk line, for the purpose of effecting this object Accordingly on 22..d June, 1875, an agreement was entered into between the Queen represented y the Minister of Public Works for Canada, and the Company, in ^ovemDe., 18, .i. ,„ which the Companv were indebted to the Government " under an agreement entered into by them with the Government of Canada, dated .2nd Sep! ember, 18<1, granting the sukI branch .o the said Companv for twcntv-one vears '.o™ 1st January. 187.," should be discharged and extinguished, and'that o e t e hand the Company should -.exec,,., and deliver a release of all claims and 4440 _ de ..nds whatsoeve, against Her Maj..sty or the Dominion of Canada up to 1st July. Rnl! . U r '"'""' *""'""■ "'■*"''^"' '"'■ ^''""^^ ''*^""^- '''^'^ ^V- -- B-neh Kaihvay by the Government, .nd o/ ,he \Vi,.,l.or and Anna,.„l,s IMl.-.,, 1. ...„ n pany. and Its concluding article is to the effeel that:— ' " •' It is hereby .listinctly understood and agreed by and between the parties hereto 1« 115 •• that nothing herein shall .n .iny wise (.xiepf as to .lischarKinK the in.lobfe.ln,.,, ,nd claims her.-in above named, alter, vary or inf.-rfere with the term, of the agreement ■ under which the sai.I f^ompany hold the said Uranrh line, but -hat all monies arrrued '•due, as bring one-third of the gross earnings n( sui.l Hram h. from the Hrst day ,.f • January last, shall be paid by the Company to the .Mvdit of the Ileceiver- General of 4450 • Unada on or before the thirty-first day of July „,.xt. and thereafter those accruing •shall be paid monthly, as provided in the said ag.eement under which the Company •■ hold and work the Branch line aforesaid, which (as aforesaid; is hereby declure.l in all •'respects in full force and etfeet " The Company have continued faithlully and r..gularlv to make the stipulated monthly payments to the Receiver General, and to perform all the other obligations .mumbent on them under the agreement by which thev work and manage the Windsor Hranch Ha.iway and exercise running powers ovvr the Trunk line into Hal.tax From the foregoing statement of facts, every one of which can of course be sub- stantiated by evidence, it appears : . .„, I. That the Windsor and Annapolis Railway Company were entitled by their rharter to a "traffic arrangement, including running powers," over the line of railway l-rtween Hahfax and Windsor, which right was of such paratnount importance that it i. no exaggeration to say that it formed an indispensable condition to the construction of tl» line of railwav trom Windsor to Annapolis, without which the (Jompanv would not tiave undertaken such construction II. That the said charter, l«ing incorporated in an Act ot Parliament of Nova ^cot.a, previous to Confederation, gave parliamentarv authoritv and instruction to the Piovin.ial Government to make the arrangements with the Company. III. That the Dominion Government, as the successors of the Nova Scotia Gov- 4470 ernment in the premises, recognized the obligation to make such arrangement, which they finally did by making and entering into the agreement of 2ind September, 1871. "luch agreement is therefore a peifecily proper and binding one. IV. No right to terminate the agreement on account of non-pavment of one-third ot gross earnings being provided for, it could not be terminated on that ground The Order in Council of ^^'nd October, 1873, which sought to cancel it, stated that the Company " had (ailed to operate the railway known as the Windsor Branch." but the Company are prepaied to prove that this is entirely an error, and that thev never failed to operate the hue. Therefore the said Order in Council, having been passed under essential error, is invalid and illegal. . ^.oq V. Assuming, honever, that the cancellation of the agreement was valid at the time, any action then competent to the (Government was waived, inasmuch as no noti- ticat.on was served upon the Company of the Order in Council referred to. nor were they at any time called upon by the Government to cease operating the branch nor wa. intimation given to them that at any future time they would be called upon to cease "pciaUug a. And iuriiier, one-third ot the gross earnings which the Company had to pav under the provisions of the agreement vere regularly paid to. and duly accepted ili; by. the Oovcrnment, «n2n.i Septemlnir. 1871, aaw operative and bind- ing deed, and in every respect confirmed The Windsor and Annapolis Railway ':ompany. therefore, are advi.ed an.l main- tain that It wa«, and i», only within the power of the Government to grant to the West- ern Counties Railway Company such right, as they tl. mselve» retained in the Windsor Branch Railway, and that the Western Counties Railway (.'orapany, in receiving the 4500 said line of railway, viz , from Windsor to Windsor Junction, cun only receive it subject to the existing lease; and, further, that ihey (the Windsor and Annapolis Railway Company are entitled to continue to exerciae the running powers over the Trunk line between Windsor Junction and Halifax, under the Government, paving to the Govern- ment therefor one-third of the gross earning, of the traffic arising between these two points. All of which is respectfully submitted Office of The Windsor and Annapolis Railway Co., KentviJle, N. S., i5tb Jne, 1877. E. A. DkPASS, Commitsioner. 4510 This is the Exhibit marked 6, referred to in the examination of the Honorable Alexander Mackenzie, taken before me. under agreement and order in this cause, at the City of loronto, in the County of York, this fourth day of January. A. D., 1879. JAMES J. FOY, Commissioner. in rtALIFAX, SS. Cause — IN THE SUPREME COURT, In Equity, 1879. 4520 THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY. Plaintiffs. vs. THE WESTERN COUNTIES RAILWAY COMPANY, Defendants. Plaintiffs Evidence in Rebuttal. Interiogatoiies administered to Thomas Reynolds, a witness for Plaintiffs under ( ommission issued to Robert G. Haliburton, Commissioner: First, — Have you been examined herein before ? Second,— Did you, during the latter part of the month of October, 1873 receive any instructions from the Plaintiffs Company in reference to the Order in Council of 'i'.'nd October, 1873 '. If so, stace from whom they were received. 353O Third,— In what manner were said instructions conveyed to you ? If by letter, or telegraph, or cable message, produce the same, and annex them to your answer. Where Wire you at the time of the receipt thereof ? Fourth,— Were the telegraphic messages received by you the ones you now '■ [jioihice r I Filth,— Do you know at whir offire the said messages were received ' If so i state it. ' ' Sixth.-Did the Directors of the Plaintiff Company, whilst you continued to act I lor then,, to your knowle-.l-e, acquiesce in any manner in the passing of the Order in •» Council ot 22nd October, 1«73 ? " ...„ 4o40 Seventh,— Did you, on their behalf, acquiesce therein ? ¥ ,. ,^''f '*;—"''' '^^y °' >-°» "'I'nit the right or power of the Government to pass \ ttiat ( (rder .' Ni.it'- ,-Did you, as instructed, p.otest against the said Order ; if not, why not ? Pai ^'"'^'7"'"' >°" "">' interview, on behalf o( Plaintiffs with the Honorable ^•Al.'x^iu.ler Mackenzie in reference to the Windsor Branch matter? If so, state fully «: It what dates and the purport thereof Kl.;venth,— Did you ever see or hear of the agreement set out - Defendants' ■-"er at line 114 et seq? lis Twelfth,-Were you, on behalf of Plaintiffs, a party to any negotiations with 4550 ITank Killam regarding the Windsor Branch ? To the Defendants or their Attorney. H McD HENRY, Plaintiffs Attorney. Answers to the foregoing Interrogatories. 1. To the first interrogatory, the deponent saith :— " My name is Tho.na.s Rey- nolds, I am Vice-President and managing director of the St. Lawrence and Ottawa Kailway Company. I was examined herein before on the loth day of August last at Kiviere du Loup as a witness im behalf of Plaintiffs." 2. To the second interrogatory, the deponent saith :-" Yes. I receive.! in- 45G0 structions m thiee messages in October, A. D., 1873, from the plaintiff company." 3. To the third interrogatory, the deponent saith:-" My instructions wore conveyed to ...e from the plaintiff company by fo..r cablegrams from London G B which are now produced and marked respectively ' A,' 'B,' 'C ' & ' I) ' I was in Ottawa wherj I receive,! them. EMMt ' ^ ' was received on the day of its date, the 24th of OctolH^r 1873, and was signed by Mr. Campbell who was then and now i.s the Secre- tary ,n London of the Plaintiff Company. Exfdbit ' B ' was also received on the day of Its dau.. from the Plaintiff Company with no signature. Exhibit ' 6',' dated the 31st of the same month, was received by me fron, the Plaintiff Con.pany on that day and ;« unsigned. ExIubU D' is a cable telegram from the Plaintiff Companv. date! 4570 he 1st day of December of the same year, and was received on the day of the date thereof an-' t'"^ -"; -«-tu,e to .t. (It is put in n.arked R, No. 2. //. .,h.u...o,. he- no„ wththata,Meen.ent. 1 went then at Killa.n's instance. Ho had fre,,ue„tlv .nv,tedn.e to,., to Yarmouth and dis,„.sn,atte,s, and .see the p.o.nvss thev we.-,. ua.uK. I 'M no,, at .hat ti„.e, press the Yarmouth (.'o.npany to\.x:cut,. tl.e'ag.v,.. «..s that there was not any prov.s.on in the wo,-di„,, of the Order in Council for the 470,) f ve n.nn.ng powers on tl,e T,„nk line. I told Killa.n at that ti.ne that i, was ,uite ..t to the,,.. h.le m \ar„,ou,h at that tin.e J d.d not admit that the leas, had been p.<.per y cancelled by the Government. Most -lecid.dly not. That a,neen,ent was not earned out, bec-aa,se they never ^ot the f.ee runnit... powers fro,,.' the (lovem.nent Plunk it" H "■' '"; r^'""""^' '^'y ""'"'••"' ■"^' ""K-tiations with Shanley and innkett. and droppe.l those w.th us. I ne;.otiated the a^^ee.nent of 1875 regardin.. the change of gauge. The intin.ation that the Uovern.nent were aln^ut to change the ..augeon the Inte.colonial Railway led to that agreement. In the •irst place, / 4710 ...mated to the CWerntnent, that it woul.l inte.fe.e with the exist.ng agL.nent bKw. . ,. the Pia.nt.fts Compa.iy and the Gove.-n.uent, and that they should lay -lown " I ir.1 -a.l to enable us to get into Halifax. The ter.ns were afterwanls arranged he. .veeu Mr Br^^lges and .ny.self. I claimed that a.s we had a lease with the Govem- .uent, that they had no power to change the gauge unless they put down a thin! rail so that our tra.n.s could run over it. The agreen.ent was sent to me by Brydges I "'h^'''-7m vi ']'" '"'"'' *'''■'-' ^''•^""'^•^ ^y ^'- ^'-^-^'g- *"d "O'-'lf and finally settled w.th Mr. Mackenzie. 1 had nothi.,g to ,h. with the drawing ..p of that agree ...ont for the change of gauge. It was .l.-aw.i up by the Government That agree- n.ent cat-.ied out the ter...s on which we had settled. The lette.^ now p.oduced from 4720 M.. Brydges to me refer to the change of gauge. (They are put in ...arked by me • R, No. .}, dated May 22, 1875; R. No. 4. June 12, 1875; R, No. 5, June, 28, 1875- R •No. (j, July 2.-., 1875 ; R. .No. 7, Sept. !), 15:75 ; R, No. 8, Oct. 4, 1875 -W T) After that agree.nent wa.s ...ade I had a conversation with Mr. Killam, at OtUwa in the .hravy of the House of Com.nons (I think), about negotiations between the two would be got over with the Government, and suggested that we should a^ain open negotiations. I went to the library and ...ade a memorandum at that time. The 1S8 pajxT now shewn me is the nienioniii.lu.u .lr«wn iij> ly KiUa!!' :it that fiinr It i, in Killau... writing;, (PafH-r put in i.mrk..) R. No. f). -VV. T.) Tlu- woni r>'^,,.„- 4730 nMitie^r on th.. sivvnth lin-, was int.rline.l hy n.,-. Th.- fii^t tii..., that I .-v r kn.-w (I,,, purport nf th,- Minufe of Couni-il, caiia-llinK th.- l,-.%v, wan in l«7:i « h.M. Killani sent me a copy of it to En^jland. I never h-ar.l of a Minut. or Onl.r in Council of 22n.l April, 1h75, provi.linsr 'That until furtinr mie,.* ►he existing ' ananRenients with the VVinMnor an.l Annapolis Hnilwav Company shouM U- oonti- "nue.1.' The reason why the agreement i..a.le n> th- library was not carri.-. I out was, U^cause the Western Counti.-s llailway fell into Uk- han.i.s of Shanlev un.l Plunkett. I ,li,l not K-'t authority from the Western Counties Rail.vay for Mr Killam, to inaKe an agreement with the Win.lsor and Anuaiujlis I'c .any for the Win.l- Hor Branch. I did not propo.se the resolution pas.sed at Yarmouth l.v flie W%.,sfl.rn 474<) Count.es Railway.- -(Exhihit B. - W. T.i It was th, result of nur c.mversalion F think KiIImu. propo.sed it. I never tele^naph.sl Killat,. atfeeti..- any other lease ex- ^pt the one made under the memorandum of IH74. I do not recoUect tele«raphin.r Killam to get tho .Minister of Pul.lic Works • to mai.ilain the i,erman...,t way of the " Windsor Branch untilJanuiiry, lf^7.-.." Tlmt wa.s not the reason whv ;l,e a-ree ment wa.s not signed : " Because the Government would no- uminUin the pernu-rnont way. 1 ,io not recollect pressing Mr. Killam to sign the memorandum F fin evi- dence.- W. T.) I was pre.sent at one of tne interviews -vith the Minister of Public Works ,n l>i75, when they were discussing the eluu.ge of gauge. Th. re was „o agre,.„,ent then made, "That the Plainti.is Company w.re to continue to work the 47.-0 ^^ \Vindsor Branch until the Covrnment w.-re ready t, han.l it over to the Western Counties Railway." I have no recollection of the conversation deUile.l l.y Mr Killam m his evidence ron page «, lines ,S to 1.5 », viz., that The Minister also state.l to DePass, that he wi.shed it distinctly un.lersto."! that that arrangement wa« to be ' merely temporary, and that as s.wn as the Western Counties Radway were prepared to take the Branch, he should hand it over to them under the terms of the Act " Kamng ever occurred. If such conversation di.l ,K;cur I certainly did not express n,y.self satisfiad with that arran.^ement. Before the Defen.lants Company took posses- sion of the loud in Septeml.er, 1877, I co-operated with the Minister of Marine for th^ purpose of entering into some agreement with the Western Counties Railway 4700 which would have obviated the difficulties. The Minister of Marine invited me by letter to confer with Mr. Killam and Mr. Doare in the Marine and Fisheries office at Halifax. That was in July, KS7(i. I always contende.l that the cancellation of the h.ase by the Government was illegal, and that they could not transfer the road to the if^Ti ^•''""'"'' f^»''^'-y '^^^cept subject to our existing rights, end I fref,uently told Killam so. As soon as I saw that the memorandum wa.s not going to be carried out, I gave Killam distinctly to understan.l that we wouM not surrender our ri-hta Ihat was previous to 1st August, 1877. Cross- Examined by nompson.—Prt'viom to November, 1873, I was not officially engaged ,n '^. Compary's busincs.s. My Father and some of his frien.is w-r-o lar-ely 4770 '?,^"'''''^'''' ' ^ '''"^ a^"^'"' '^ come out here an! look at the attairs of the Company Ihat was the cause of my first coming to Nova Scotia. It wa,s in May, 1873 that'l first came. From May to November I was not employe,! bv the CouiL>a..v. ! U^u-y- ested myself m .some of their affairs volunUrily, an.l without remuneiation. Not at the instigation of directors of the Company. Generally I was not acting under the 124 Prior to ri .. "■ "■ '"•' """ ^ '"^ "^^ *">■ '"^'"'*''"" f--" the Company pnor to receiving the appointment of Comnnssioner, that I would be so appointed I view with Mr. Langevin after I had l)een informed that the minutes in Council had ;;rcaE:on"h "TuT ^'^^^'^"^ -'-'' -^ "^ ^^j--'- ^^•^^ -- ^'^ - «' wo o th? . ■ ^-"r '"'^ ^'■- ^'"^*y "^-^ •" Ottawa at that time. I had oTtewa I H IT"' r*' ''' '''"*='"" °' ^'^'^ ^-^™ Counties Railway at ™r f 1 ."L ?. "' "'^' '"' *' ''''' '''' ' '•^'"'^ ^••- J*™- '^•^Donald waf not p.esent. beheve that ho wa. present at least once at a meeting between us. I have no distinct recollection of what took place definitely at that mating. I cannot re- jn,ber having .seen that Pencil Draft Lease (A) at OtUwa. I have no recollection of ^r terms having been proposed for a Lea.^ I had frequent conversations at that W . n . r.,°" ' '"^J''* "^ '^'^ ^-"^^y- 'The subject of Lease from f he 4790 Western Count.e- Railway to our Oompvny was frequently talked of at those conver- sations. To the ..St of my recollection 1 did not imimate to any one at OtUwa at that time that I was or expected to be a Commissioner of the Company. Mr. McDonald was not advising me or my Company at that time. I believe he was pre- sent at some of the conversations, but in what capacity I cannot say, nor whom he represented.- At Yarmouth I told them that I wa.s prepared to execute that agree- ment as soon as the difficulty previously spoken of was removed. My official connec- tion with the Company ceased in January, 1878. My pow.n- of Attorney remained in my possession until nearly the end of 1878. My power cf Attorney was not in the province after the early part of the year 1878, until nearly the close of the year. It 4800 was with me I made it a ••Sine qwa non " that the memorandum of 1875 should be approved of by the Minister of Public Works. I never knew that it was notapprov- ed of. The weekly payment of Tolls by our Company in the fall of 1873 was under- taken at my request. My statement that I .iid not telegraph to v Killara, relative to any other aaree- ment than that of 1874, is not founded on recoi-.ection, but because there was no other ea,se «"t»\'." tapis "between us. I would not like to swear positively that I never .■legi-aphed to Mr. Killam about any other agreement. I certainly did not telegraph to him about any other lea»e to the Win.lsor and Annapolis Company. The neffotia- tmtionsinJuly, 1877, with the Minister of Marine and Messrs. Killam and Doane 4810 resulted 'n no writte. agreement ; but the object of such negotiations wa.s to procure a lease of the Branch from the Defendants Company. Those negotiations were unth- • prejudice to our existing lease. I mean by that, that Mr. Smith was aware that we conten,led that our lease wa.s still outstanding. The reason that an agreement wa. nut then cnne to was because the terms of the Western Counties Company were t,->o ..gh, and they refused to submit the same to arbitration ; and Mr. Killam state,! that it was useKss to negotiate, as i had no authority to do so, I had no direct knowled^^e that he agreement of May, 1874, was submitted to the Mini.ster of Publ-'c Worlc^ for Ins approval ; and I never enquired in 1,S74 what the ivsuit was. In July 1877 mv 1,, ■ '" "7, "••j--^-- - ;-- ".v.i or in.tK uii,.-inew.-' with die Minister of 4820 Marine. K.IIam and Doane were only present together at one of those I think K.llam was pre.sent at n>ore than one. At those interviews I contende.l that if they 125 • would come to reasonable terms I would soon <.et the authoiitv. I think it was on Uood Friday, 1875, that Mi-. Mackenzie settled the terms of the agreement of 1875. Re-examined by Mr. Ritchie :— Q. At the meetings at Ottawa between you and the Directors of the Western Counties Railway, were any other matters discussed except the subject of a lease to the Windsor and Annapolis Railway >. A. Th.! question of the feasibility of amalgamating the Companies wa-s more discussed than the question of the feasibility of a lease.-f fl.-Mamnm^i,m objected to 4830 by Mr. Thompson— W. T.) Sworn, &c., &c.. ^^'""^"'^ '^^^ ^^' ^'^^^^^S. W. T., M. S. Cf. (R, No. 1.) Know all Men by these Presents, That the Windsor and Annapolis Railway Company, hnnted, whose registered office is at No. 24 Great Winchester Street Lon- don, (hereinafter cnlled -the Co„,pany."j do hereby no.ninate, constitute, and appoint Ehas Abraham DePa.ss, now temporarily residing at Kentville, in the Province of Nova Scotia, t,„. Agent and Attorney of the Con.pany, for the special purpose of 4840 negotiating, arranging and settling with the Covernme-it of the Dominion of Canada he Western Counties Railway Company, or any other bodies, corporations or persons the terms of an agreement or agreements having for its object the lease by the Com- pany of the W indsor Branch of the Nova Scotia Railway, upon such terms and con- ditions aa the said Agent and Attorney shall .ieem expedient: Provided, that no such agreement or ease shall take effect unless and until approved or continued by a reso- lution of the Board of Directors of the Company. And for any of the purposes afore- sud, to sign an.l use the name,, the Company. And whatsoever the said A.^ent ami Attorney shall lawfully do by virtue of these presents, the Con,pany agre'e to ratify an.l conhrm. In witne.ss whereof, the said Company have hereunto caused 4850 he.r common seal to be affixed the sixteenth day of June one thousand ei.d.t hundred and siventy-four. '' The Co.mnon Seal of the Company was affixed this lOth day of June 1874 in the presence of ' < ■ . (Sg*l0 A. D. DePASS, ^ -■ Director. (Sg.l.) WM. ROSS CAMPBELL, Sccri'ttwy. I, W.i.i.iAM Wkbr Vkn'N-. Junior, of the City of London, Notary Public by R.yal authority, duly adinitt.-i and sworn, do hereby certify and attest, "unto all whom' it 48fi() may cjiicern, that on thi* lay, the sixteenth of .1, n,,.. fl,..„. i ..;,.i.» i urea and s.-vonty-four, I attende.l at the office of the Wind.^orand Annapolis^Railway l.ompany, Limiie.l. .situate in thi.s city, and did then ayi.l there see the Common Scr I'i6 of said Co.npany affix^-d at foot of the fon-oir.tj Pow.-r of Attorney in the pre'-nce of Abinlian, Daniel DePass, Director, an.l William Ros. Campbell, Secretary of .aid Company, who have both attixe.l their M,r„atuns opposite to th. said Com.uon Seal And I do tinther attest that full faith and cre.lit may and ou-ht to be given in Courts of Ju.hcatufv and thereout to the said Common Seal and signatu.es, the same having been duly atKxed and signed on the said Pow.^r of Atto.-ney in accordance with the re<,uirements of the law relating to such companies. In testimony whereof I 4870 have hereunto set my hand and affixed my seal of office to serve and avail wht-re needful. (Juod Attestur. (Sgd.) L(j.\DON, dntiiin ut .iiipiit. W. W. VENN, Jk., Ni)t(ir;/ I'll}, He. (R, No. 2. J Mkmo of propo.sed agreement between the Western Counties Railway Company pnd the Windsor and Annapolis Railway Co.npany for leasing the Win.lsor Branch with their right of niiiniiio; i>()wers to Halifax : 1. Western Counties Raii .-ay Company shall lease to the Windsor and Annapo- -1880 lis Railway Company the Windsor Branch foi- ninety-nine years. 2. The runnin- pow.rs gianted to the Western Counties Railway Companv by the Act of Parliament, 1874, shall be enjoyed by the Windsor and Annapolis Railway Company while this leas., remains in force, and the Win.lsor and Annapolis Rail- way Company shall a.ssume ail obligati.ms eon!,ecte- All the arrears are pno. to the Is^ of'january and The Minister of Justice is drawing a contmct which I hope to send you in a few Yours very truly. 4920 (Sgd.j C. J. BRYDGES. (R. No. 4.) Railway Department, E. A. DePass. Esq., Kentville. Montreal. June 12. 1875. My Dear Sir,— h*v« I ^ .°7 '"''°'^ ^°" ^^^ «..;reement which the Department of Justice have drawn up t<> be executed by your ( ompany. Upon your executing this docu^ nent and returning it to me, I will at once have a duplicate in exactly the same 4930 terms executed on behalf of Her Majesty by the Minister of Public Wor J It will be necessary that this document be executed properly by your Company rtd out ''^ "^"" *"' '"'='^' "^"'""''' •" th; agreement, can be^a.- ,„„.Tr *'"■ *''*^7f°'-'^' be good enough to lose no time in having it executed by your Company and returning it to me. ^ hav.^^'V^'Tr''^^ '°"'^'' '' '"*''*^ '^'^ '^' assumption that the arrangement you have made with the Government to give security for the return of the nine broad 128 S/oSTn rLr 'T" HT^ ''*'^^' '^"^ ^''"^ P^^'«"^ ind.bted„e«. will be earned out in the manner already discuswd between u.s. ^g^ YourH very truly, (Sgd.) C. J. BRYDOES. (R, No. 5.) Railway Departmknt, E. A. DePass. E*,., Kentville, N. S. Hamilton, June 28, 1875. My Dkab Sir,— executed hi v"' ^" P ^"''"■' "^ '^" "'''^' '°*='"''"« * '""^y °^ •^g'"-'"-^ -fe--' and executed by you as Cornm.smonor of the Windsor and Annapolis Railway I of course, accept this as being a properly authorized execution on your part but as a 4950 matter of fon„ wanted to place it right in the record, of the office of L Min strof Justice. I ,nu.st have a certified copy of the authority on which you are authorized to execute documents of this sort binding the Company you represent. I am glad to hear, from your message received this morning, that the chantre of gauge has been effected, and that your f^ffic is now going on as usual ^ Yours faithfully. (Sg{n)*. .-arnin^M <.f tl... hn,. U.f .,.„ \Vin.l.H<,r an-i Halifax iluring tho Hrst, four yt-arH, ariii nO) p,T ctit. aftorwrt •• !• Fftyable .piarterly. Tlu- W..st.Tn Co.iiitioM Railway Coinpany ^liull l.a /.• the lixlit ..t ..nterini,' at all times ufKin tho Windsor Branch an.l insp.-, tin- it, for thi- purpose of asct-rtaininj^ that il is rftici.ntly niaintain.-.l. Tho \Ve«U-rn (^oun'ie.H Hallway ('oni|waiy shall aiho liave th.! ri^'lit to ins|HH't all ac.-oiuiu, an-l I. ,,!;, ,,r th, Win.Nor .ui,l Aimap.jlis Rail- way Company rilatinj^ to tlir Windsor Branch. This lease may 1... forfeitcil for non-coniplianci' with its con.litions. Settlftnents of .lisputes to l„ I, ft to ai hitration (Jt... arhitrafor to !«■ appointed hy each I 'oinpany and one hy the Lieut. -Oovernor in < 'onnril. HOi 5020 The terms of this lea.se to !»■ approved hy the (iovernor-Cietieial in ('oimeil. und to go into etfect on The running; powers h.i.hy ii.si;,rned to he those mentioned in th.> ptoposal, a copy of which is hereto aniiex.-d, luid ref.rred to in Sehrrlwle I!, of the Act, chap. Id, 1874, before mentioned. II. A Id FAX .-s.S. IN THE SUPREME COURT. I.N EqITITV. «i Caitse— THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plaintiffs. 5030 THE WF:STERN COUNTIES RAILWAY ( OMPANY, AND THE ATTORNEY GENERAL OF CANADA, Defendants Judgment of Hon. J. W. Ritchie, E. J. When this cause was ai<,nied on the dtmiirrer the statements in tlio PhiintiflTs' w V. were a.s.suined to be true, and judgment having bec'n then given for the Plaintiff's, it i.s for the Defendants to shew that the facts, a.s they now appear in evie followed in my opinion without it aHecting their le^a rights in case of failure ; the attempt -lid fail, and in June, 1875, the new a.^reement 5080 wasentere.1 into, in which among other thi.gs the valulitv of the previous Z.! meiit was recognized by the Government. ^ There was an objection taken by Mr. Lash on behalf of the Attorney-General of Canada, now a party to the suit, which was much relie.l on by him. and as it had not been u.ge.. before, should be referred to. He contended that the agreement „r Septem b r, 1. ,, ..as „..t binding on the Dominion (Government, was i,.\et invalid and tl a .,« Company acquire,! no ri.hts under it. It is so,..ewhat remarkabl, that .uh an oi ecfon s ouM em.nate from the (Government, as that agreement is admitted to ha^e been made ;n goo.! faith, to have ..en executed on beltdf of Her .Majesty and approve! an,: rat, Hed 1 y the (Governor-General in Council, under no misa.n/.' hensf: .non -..■..e,e:. upon oy oot., pailies.an.i its vah.lity never calle.I in question till now^ The ground of this objection is that the railroad from Halifax to Windsor was a pub lie provincial work, and as such passed to the Dominion Government under the terms of the British North An.orica Act, not as onlinarv Oovern.nent property but subject to a tru. i which it wa« bound strictly to lulfil, wh"ich n quired th^t it should be worked fo^ the public benefit in accordance with the terms of the Act under which it was built, and subject to the engagements which had been entered into by the Pro vincial Governme and Legislatun. ; and th. contention of the learned Counsel is that the torms the agreement do not carry out the trust, inasmuch as by the pro- visions of the Provincial Act of 18G7, which incorporated the Plaintiff Coa.pany and 5100 confarmed the contract wiiich had been entered into between the Provincial Govern mentandthe promoters of the Company, it was mutually agreed, that p,i„rtotho opening of the .oad, a traffic arrangement should be made for the .nutnal u.e and employmeatof their resiyedive Ihies of raihvay betu^en Halifax and Windsor and Windsor and An^iupoli,, Induding running porter. f\rr the joint oi^ration thereof on equitable fe,-m ; which stipulation, it was contended, had not been carried out in Che agreement because there was no provision in n for a trattic arrangenu.nt over both the lines, or to,- the mutual use of the respective lines. When the agreement of 1865 was entered into, it was with a view of encourac,- mgtheconstniction„f the railroad frou. Windsor to Annapolis. The Government 5110 might or migh. not insist o>i having running powers over the Plain. Iffs roa-i but this not having l>een required was no reason why the Plaintiff should he .ieniived of run n.r.^. powers over the Halifax and Windsor line. The original ac.reeu.ent was a pledge that -t they would build the .oad certain privileges should be concede,! to them and the pledge so given by the Local Legislature was recognized and carried out |)y the DoniMHon Government in this agreement to the satisfaction of all parties and * It appears to me^ a embraced all the essential provisions of the original contract. lhecarna,^eo. He,- Majesty's troops an.l mails ha.l been provided for, an arrange- ment was made for traffic over the Government roa.l, and th. ( 'ompany en-^a^ed "to pay one- bird of the.r g.o.s earnings over it, while the interests of tin- public were 5120 subserved by th- stipulation that the Company should run everyday except Sunday not .ss than two trains over it, and that tolls should not b-- increased without the .saicionof theGovernnient. 1 think, therefore, that thi- objection cannot be .sus! tamed. But while sue)-. a„ objection ought not, for these reasons, to avail the Gov- ernment as legan.s the .,.reemont of 1871. the ground on which it was attempted to be sustained appl.. ,■ h great force to the action of the Dominion Legislature in ' passin, the ..ct .■, •■ ., an^ to the Order in (Council referred to in it,^■or as t e Dominion Government took the railroad from tl... Pn.vincial Govern U. under the Britis North America Act, clothed with a trust wb:... the former was bound to carry out, the Dominion Legislature was restrained from acting in violati,m of it. Mr 5130 L.sh argued that the pow,.r of the Dominion Legislature is supre.ne in the matter '_ t the contrac so to speak, b.tween the ])o,„i„ion and the Province under wh.ch he tran,sfer took place was by the Act of the 1 .ju.rial Parliament, to which both the Dominion an.l Local Legislatures are subordinat,.. and if a limited ri,rht only w,.s onnf.ned by tn„. A-t c. tf o ]J..„inion Government, the Dominion Lejislature can- not eiiii.ige it. All the otbi'r arguments relied on were th>'s.n,iie as thos.' adduce.l at tli.- hoarin" l-.r.i of iJl^"" ^'^ ";f :"="'••'" *^- -i'l-nee, reoo,mizes the fa..t that the aKreeu.ent t< ope.ate th.. \V,„,l.or Branch, an,i which was ,„a.le the ,.rou„,i of divestin-. tho.a 5150 o U, was ,„ fa..t.so. The Minister of F .f.Iie Wo.k., who .nade the .vp rt"^ ' (...vennnent t.. that effect, ,nust have been ,nisinf..,.,„e,l, and this, we n,av' s.ual v c-onelu.le, ha.s h.d to all the difhculty which hu> arisen. " ^souably that u2'pih Inff -'^'"Vf /""T' ':""^'''''''>'-" "- ^'- -''0'- ease, I an. of opinion that the Pla.nt.ffs are .-ntuled U, the jnd.nnent of the Court in their favor with costs. Petition for Appeal to the Supr. me Court of Nova Scotia IIAMF.AX, .SS. IN THE SUPI{EME COURT, ., In Eyijrv, isso Caune — THE WINDSOR ANL ANXAl'ULl.S RAILWAY COMPANY, Flaintl{fs. 5160 V8. THE WESTERN COUNTIES RAILWAY COMPANY AND THE ATTORNEY (JEXERAL OH CANADA. Dj^^ndant.. To THE HoNoRABiK J. W. Ritchie, Judge in Equitv for the Province of Nova Scotia,— The Petitio,, of fhe .hove n.imed defendants Humbly Sheweth • of October 1" n'''.;-'"" r^'l^-'"7"r' '■ ^'" '" '^^"''^' ''''''' °" '»^'- '-'»> ''- t Uetober A D, 18 n. and that the above named defendant Companv demurred he.e,o o.. or abo.u the second d,,v of November. A. D , LS77. a.d to-«h,r 5170 -urrer .he p InnuH duly joined. That afterwards -he sai.l .l.-murrer .,. ..,.,J '''' belore vour LonM.p, ,„d j„d,„,e,u ,1.,,. ,he,e„„ overruling said demurre, Th^r „ ^.ppeallrou. saw! judgmeur .as taken by the sa.d defendant Compaav to the Supreme •).v .1 lule dated the twentv-niuth dav of A, ■;,„., i n loru ,,: . ^. . mat the saul de,endaut« appealed f,om the said last natned d^isiortr^hj'^^^: I'M Your petitioners, fo. the purposes of this appeal, crave leave to refer to thn Rill A tirst .lav of Mauh, ,ns,a,H, and the other judgments therein referred to, and to make the same part hereof tor the purposes of th.s appeal „„, '^^ 5190 appeal"' olimth""- T l''"" ^ "' ^^^^""^- ^"'' '"'"^'^ ^'«"'^ ^^>- --''"" "C appeahng from the sa.d judgment ol vour Lordship, delivered on the .aid first d .v of >.arch, .nstant. and they prav that they mav be allowed an appeal here , h Su pren,e Court for the Provinee of Nova Seotia from said judgment • ■I'he followiug are the grounds of appeal from said judgment, and the reasons F,r8t. Because said judgment is contrary to the Statutes referred to in the s.id ans.e,j and to the allegations and statement appearing in sa.d answers an.: thr fi:' 5200 ». .he s,.„„,e. ore,..j. „f.,a ,„„, „ . , ,„ ,„, „., „„.,„;;;;;.;,";;■"" " ■l-hir,l. Hec.,„e V , St.t.ne .,. p.,.e.endan,s 'd he rein and the points raised .-.nd rcfrrred to ll, 5220 5230 135 Sixth Because it clearly ap|.,.ars by the »aid Act that ir was the intention of said Legislature of Canada to tr nsfer said railw,,v to ll.e defendants absolutely. Seventh. B. raiise th.- effect of the Statute of the Dominion of Canada, 37 Vic- ton,,, Chapter 16, and th.. action of the Guvernmenf of ( 'ana-la thereon, and the delivery I.y themnd Government and the acceptance by the defendant Company of the possesHion of the .sa.d Windsor Branch Railway. v".,s t.. vest in the said defendant Company the exclusive right to the possession of said Blanch, and the exclusive right to operate the sime, and to collect, receive and appropriate to their ,,«u use all the tolls and earnings tlieieof, notwithstanding the agreements o( the 22n of June, H75, and the said .Judge erred in deciding to the contrary. ' Ei-hth. Because the practical etfect „f the sai,| statute was to e.xtin.'uish the ■i-hts .,f tl„. (.laintitts ,if any) in the sai.l Wiiulsor Braueh, and to vest the" xclu.sive n-ht to the possession and to the p,ici, i<,n .,f the piotits tliereof in tile .lufeiulant I oiiipany. Ninth. Because by the B.itisli North Atnerica Act, l«fi7, the Winds,,, Branch Kailway 'as part of th,. public property' became vvsted in and under the jurisdictinn "I the Dominion of Canada, and the Dominion Parliament ha,M:„au,ent of Canada by the British North Am,.riea Act, section 'Jl sub- .5240 -H'tion 1, IS not cmtrolle,! or aHVcfd by tl,.- British North America Act, s.-ction 92 sM(,-,s,.ct,on Vl That "prop..rty and civil rights ■ th..r,. spoken of, mean pr.^perty .v.. civil n^d.ts in property, ..v.o- which the Provincial L, .rislatun.s have iuris.liction and iiot property and civil rij,d,ts in pr.,perty expressly mado subject to tlie sovereign' .iniis.lietmn of the Parliament of Canada. Klevnth. Be<.au.e by virtue of fl„. said British Notth Anuuica Act, the Parlia- ment of Cana.la had full legislative atifhority to d..nl with sai.l Branch Railway as fully a,s the Legislature of Nova Sctia could, prior to Conf..deration, have done. ' Twelfth. Because if the Parjiament of (Canada had juiis.licti.m over .sai.l Rail- uay-a.s .iefe;i.lant.s contend wa,s and is the fact-its" power was supreme an.l 52.50 -.verei-n ; and that m th.. exercise of its supreme an.l .sov..r..ii;n p..wer, it coui.l and did vest, or cause to b,. v..st,d, the pos.se.ssion of the sai.l Branch Railway in the de- fendant c.mpauy, ami it coui.l an.l .11,1 extinguish th.. then existin- rights (if anyl of the sai.l plaintirts in th.- said Branch. Thirt.,enth. Because by th,- British N,)rth America Act, l,S. th.. («nv,.rs an 1 i.rivil..trH. ,.„„-' t.Mnplat.Ml an,l piovi,!.-,! f„r in tli<. cliart,..,- of tU,- Plaii.tirt' ( 'nu.i.any. an.l in tC ajfn-e- ment ivf..ir.'.| to in said cliartpr, and tl... ,aiii.- was n,>t a tiatfi.- arranj;.ni.rit for thx nmtiml iis.- an.l .Mnployni.iit of tlu^ir ivsp-ctiv.. linrs wifli ninniii- pow.Ts, or f,,r tin- joint operation tlii'H'of jiiitalii.' tenjis. Sixtet-ntii. IJ.T.iiis,. sail a;rr,.,.ii„.nt wa^ an.l is ,i'lrivrhr>t of thr Parliamcntflrv j>ow..r confrrr...! l,y t!„. Art ,.f il„. L.-islatinv of Nova Sc.tia, pass.MJ on th.^ s,.vrnth , .lay of May, A. I) . |H(;7 Tliat that m-t was only ititml,.,) to .,mv,. to tl,.. KxtaMifiv.. tl... p.,w,.r f.) .-nt-T info an a<,m.,.ii,.-nt witli tl... plaintiffs for tl„. n,iifn.il ns.- mikI ..m- pioyini'nt ^inclii.iin:,' riinnit.ur poH..rH) or fo.- [..mt ..p-'iaf i.,n ..f tii..ir r..sp..(.iiv,. lin.'s of Railway. That it did not ;jiirhoriz.' the Executive to, ..it,.! int.. an asjre.ment nivini; the plaintiff the exclusive use of the Windsor Blanch Hnd the rijfht to -oU.ct all the tolls fhere..n That such an afi;reement could onlv he valid if authorized hy I'.rliai.iei.t, hein^j an Rlien«ti.)n of th.. .eve.m,.. of ;he (.'rown. and an imposition of a charge i.pnn the subject Seventeenth. — nc.aiis,. in Clanada the OrovMi has no right fo alien.ite the public property uifho.K the consent of Parliament. 52gQ ^ Eighteenth. — Hecause neither the Vliuister of I'l.hlic Works nor the (Jove ninent of (Jaiiada had any power to in ike the agreement ol '>()ih Iiine, lH75.or any .igr.ement in anyui.se affecting the Defendant Companvs' lifje o, rights in and fo said i ,,ilwav, he. at the time when the Deleiulant Conpanv w, r.. put in possession ol said ro.id. •rw,,„ieth.— Because the a-.e..menf be.ning .late the twentv-second day of Nov- .•mb..r, A. I>., 18(iH. did not. nor di.l. nor h.s the alleged legislation thereon given to or cr..atei!^ I.I 2.2 ^ 12.0 li& 1-25 1.4 III 1.6 #// V v^ vj ^ >^ vV^ C?/^ Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. MSBO (716) 873-4503 m. ■^ o V ^ * ^-^. N r^ i^ 3 Ib7 BUI In Equity ^ "''' ''^ "^""^ "' " P*'"'°'> "^ "K^^t and not by a J)ated at Halifax, March 10th, 1880. The Western Counti«f8 Railway, By N. H. MEAGHER, Their Attorney. JAMES McDonald, N. H. MEAGHER, Attorney- General of Canada. Attorney of Petitioners,'the Western Counties Railway. ROBT. SEDGEWICK, * Attorney of Attorney- General. 5330 HALIFAX, 88. Certificate of Ooimsel. IN THE SUPREME COURT, In Equity, 18?0. Cause — THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, Plaintiffs. 1/0. THE WESTERN COUNTIES RAILWAY COMPANY AND THF .,.« ArrORNEY-GENERAL OF CANADA, I^l^^antt ^ '"' I hereby certify that I am Counsel in this cause for the above n.m-H 1 t a Dated at Halifax, March 10th. 1880. 138 HALIFAX, 8S. Order for Appeal. IN THE SUPREME COURT, In Equity, 1880. THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY, PWi/.. THE WESTERN COUNTIES RAILWAY COMPANY AND THE ATTORNEY -GENERAL OF CANADA. Defendants. On motion of Defendants Counsel : Dated March, 10th, A. D., 1880. (Signed) J. W. RITCHIE. HALIFAX, SS. IN THE SUPREME COURT, In Equitt, 1880. Caute — THE WINDSOR AND ANNAPOLIS RAILWAY COMPANY. Plaintiff,. THE WESTERN COUNTIES RAILWAY COMPANY AND THE »,™ ATTORNEY. GENERAL OF CANADA, ZLl Dated Halifax, March 10th, 1880. (Siimed) M. I WIT.K'tvs Profho7}otu7'y.