IMAGE EVALUATION TEST TARGET (MT-3) i.O I.I ^m m 2.0 lAO llllii 1.8 — ™'^ lU 6" Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. i4580 (716) 872-4503 ^^^ >.1^ ^1> 1% 1^ CIHM/ICMH Microfiche Series. CIHIVI/iCMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions histcriques Technicai and Bibliographic Notas/Notss tachniquas at bibliographiquas Tha Instituta has attamptad to obtain tha bast original copy availabia for filming. Faaturaa of this copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha raproduction, or which may significantly changa tha usual mathod of filming, ara chackad balow. QColourad covars/ Couvartura da coulaur I I Covars damagad/ □ D D D D Couvartura andommagte Covars rastorad and/dr laminatad/ Couvartura rastaurte at/ou palliculAa I — I Covar titia missing/ La titra da couvartura manqua I I Colourad maps/ Cartas gAographiquas an coulaur Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) □ Colourad platas :;nd/or illustrations/ P D Planchas at/ou illustrations 9n coulaur Bound with othar matarial/ RaliA avac d'autras documants Tight binding may causa shadows or distortion along intarior !?iargin/ La re liura sarria paut causar da I'ombra ou da la distorsion ie long da la marge intiriaurA Blank taavas addad during rastoration may appaar within tha taxt. Whanavar possibia, thasa hava baan omittad from filming/ II sa paut qua cartainas pagas blanchas ajoutias lors d'una rastauration spparaissant dans la taxta, maie. lorsqua cala Atait possibia. cas pagaa n'ont pas ix6 filmias. Additional commants:/ Commantairas suppiimantairas: L'Inatitut a microfilm* la maillaur axamplaire qu'il lui a iti possibia da sa procurar. Las details da cat axbmplaira qui sont paut-Atra iigm^ r A. ipnuLAM, rrt. i-y^.^ -*%fj afpsatoKS^mWiW ,i,**f »v:. C. N. SKINNER, Esquire, . . Directors. WILLIAM PARKS, Esquire, . Major WILLIAM B. ROBINSON, . LEWIS CARVELL, Esquire, . ALEXANDER JARDINE, Esquire, Hon. THOMAS R. JONES, . Saint John. - ♦• K' ■■: Saint John. Saint John. ,' ■ "v"' - ■■ . <■ ' ' '■■■-■ •ii:;- . . n w Engineer in Chief. E. R. BURPEE, Esquire, ■0t ^. -A« Saint John. .m'-'-wm :^m"^mm ■,,!*•■ i "■>' .\\- \\ Ms:^ ^ifty dollars each; and the immediate government and direction of the affairs of the said corporation shall ho vested in five directors, who shall be chosen by the members of the said corporation in the manner hereinafter provided, and shall hold their offices until others are chosen in their stead, a majority of whom shall form a quorum for the transaction of business ; and they shall elect one of their number to be president of the board, who shall also be president of the corporation ; and the said directors shall have authority to choose a secretary', who shall be sworn to the faithful dis- charge of his duty, and ii treasurer, who shall be sworn, and also give bonds to the corporation, with sureties to tlie satis- faction of the directors, for the faithful discharge of his trust. 3. Any three of the persons named in the first section of this act are hereby authorized to call the first meeting of the said corporation, by giving notice in one or more newspa- pers publislied in the city of St. John of the time and place and purpose of sucli meeting, at least fourteen days before the time mentioned in such notice. 4. The said corporation shall have power to make, ordain, and establish all necessary by-laws and regulation?, consis- tent with the laws in force in this Province, for their own government and the due and orderly conducting of affairs and the management of their property. 5. The president, directors, and company for die time being are hereby authorized and empowered, by themselves or their agents, to exercise all the powers herein granted to the corporation for the purpose of locating and completing said railroad and branches, and for the transportation of per- sons, goods, and property of all descriptions, and all such power and authority for the management of the corporation as may be necessary and proper to carry into effect the ob- jects of this act; to purchase or hold within or without the 8 Province lands, materials, engines, oars, and other necessary things, in the n^me of the corporation, for the use of said road, and foi the transportation of persons, goods, and pro- perty of all descriptions, and to make such connection with other railroad companies within or without the Province, either by leasing the road to other corporation or corpora- tions on such terms and for such length of time as may be agreed upon, or by consolidating the stock of their road with thai of other railroad companies or company upon such terms as may bs agreed upon ; to make, execute, and de- liver good and sufficient moitL'^age deed or deeds of their road and all its branches to such private persons or corpora- tions within or without this Province as they may think the interest of the stockholders in tlieir company requires, and to make such equal assessments from time to time on all the shares in said corporation as they may deem necessary and expedient in the execution and progress of the work, and direct the same to be paid to llie treasurer of the corpora- tion, and tlie treasurer shall give notice of all such assess- ments ; and in case any subscriber or stockholder shall neglec'. to pay any assessment on his sliare or shares for the space of thirty days after such notice is given as shall be prescribed by the by-laws of said corporation, the directors may order the treasurer to sell such share or shares at public auction, after giving such notice as may be prescribed as aforesaid, to the highest bidder, and the same shall be trans- ferred to the prrchaser, and such delinquent subscriber or stockholder shall be accountable to the corporation for the balance, if his share or shares shall sell for less than the assessment due thereon, with interest and cost of sale, and shall be entitled to the overplus, if his share or shares shall sell for more than the assessment due, with interest and cost of sale : Prodded, That no shareholder in said company shall be in any manner whatever liable for any debt or demand due by said company beyond the amount of his or their shares in the capital stock of said company not paid up, and no assessment shall be laid upon any shares in said com- 9 pany fora greater amount than fifty dollars per share on the whole. 6. A toll is hereby granted and established, for the sole benefit of said corporation, upon all passengers and property of all descriptions which may be conveyed or transported by them upon such road, at such rate as may be agreed upon and established from time to time by the directors of said corporation. 7. The said railroad corporation shall erect and maintain substantial, legal, and sufficient fences on each side of the land taken by them for their railroad where ilie same paf^ses through enclosed or improved land, or lands that may here- after be improved ; and for neglect or failure to erect and maintain such fences said corporation shall be liable to be indicted in any court having competent jurisdiction, and to be fined in such sum as shall be adjudged necessary to re- pair the same, and such fine shall be collected and paid as other fines are by law collected and paid, and shall be ex- pended for the erection and repair of such fence, under the dir.^ction of an agent appointed by the court imposing such fine : Provided, however, Said fences may be dispensed with at the receiving and landing places of passengers and freight, and at such other places as fences are not elsewhere usually required. 8. The annual meeting of the said corporation shall be holden on the second Tuesday in January, or such other day as shall be determined by the by-laws, at such time and place as the directors for the time being shall appoint, at which meeting the directors shall be chosen by ballot, each proprietor, by himself or by proxy, being entitled to as many votes as he holds shares ; and the directors are hereby au- thorized to call special meetings of the stockholders when- ever they shall deem it expedient and proper, giving such notice as the corporation by their by-laws shall direct. 9. The said shares of said corporation shall be deemed personal estate, and transferable as such, and ^very such share shall entitle the holder thereof to a proportionate part 10 of the profits and dividends of the said company after the making, completing, and maintaining the said railway and other incidental expenses ; but no shareholder shall be en- titled to transfer any share after any call shall have been made in respect thereof, until he or she shall have paid all calls for the time being due on every share held by him or her. 10. The directors of the company may from time to time by deed, subject and charge in such manner as they think fit the said railroad and the future lands, goods, and other property and effects, both income and profits whatsoever, of said company or such parts thereof as the directors may think fit ; and may also in like manner grant and assure the whole or any part of any guarantee of interest, grant of money or lauds, or other benefit, profit or advantage already, or to be hereafter granted, conceded or allowed to railroad companies in this Province, by any act of Assembly ; and every deed executed by the directors of the company shall be under the common seal of the company which the direc- tors are hereby authorized to affix to every such deed and under the respective hands and seals of any three or more of the directors of the said company, and every deed so ex- ecuted shall have as full effect, and be as binding and con- clusive on the company and the directors of the company as if the terms and provisions of such deed were by this act of Assembly expressly enacted and made binding and conclu- sive accordingly. 11. The joint stock and property of the said company shall done be responsible for the debts and engagements of the same. 12. The said company by their agents, servants, and work- men shall, and may enter upon any lands of private persons for the purpose of making a survey of the line or route of the contemplated railroad, and to cut down or remove where necessary to the working of such survey, any trees or other obstacles on such lands, compensation for such cutting and removing to be made to such owners of private property by 11 the same proceedings and in the same manner as is pre- scribed under the first section of this act. 13. The said company, to entitle themselves to the privi- leges, benefits, and advantages to them granted in this act, shall bona fide commence to build said railway within two years from the passage of this act ; failing which, then this act and every matter and thing contained shall cease and be utterly null and void ; and if the said railway having been commenced shall not be made and completed within the period of five years from the passage of this act so as to be used for the conveyance and carriage of passengers, goods, and chattels thereon, then this act and every matter and thing therein contained shall cease and be utterly null and void. 14. Nothing in this act contained shall authorize the said company or their contractors to enter upon any lands re- served for naval or military purposes without the consent of Her Majesty ; nor shall it be construed to confer upon the said company any exclusive right or privilege in regard to the construction of any branch line to which provincial aid may hereafter be afforded, or shall authorize the said com- pany in any way to bar or prevent a connection between such branches and the extension contemplated by this act. 'J"' 12 •!■#'' A BILL TO AMEND AN ACT INTITULED "AN ACT TO INCORPORATE THE EUROPEAN AND NORTH AMERICAN RAILWAY COMPANY FOR EXTEN- SION FROM ST. JOHN WESTWARD." Whereas it may be doubtful whether the subscribers for shares in the capital stock of the corporation of the European and North American Railway Company for Extension from Saint John westward are or can be made legally liable for the amount of the sum or sums by them respectively sub- scribed as shareholders in the said capital stock of said com- pany by reason of the said capital stock of said company being made by the said act to incorporate said company to consist of two millions of dollars to be divided into fifty thousand shares of fifty dollars each, with power to increase to two million five hundred thousand dollars with additional shares of fifty dollars each, and all of which sum of two mil- lions of dollars may not have been subscribed : And whereas by said act of incorporation it is provided as follows, that the corporation, so soon as the sum of fifty thousand dollars of the capital stock shall be actually paid in to the treasurer of the company, are hereby authorized and empowered to locate and construct, and finally complete, alter, and keep in repair a railroad with one or more sets of rails or tracks, with all suitable bridges, tunnels, viaducts, turnouts, cul- verts, drains and all other necessary appendages, from the city of Saint John, in the county of Saint John, in this Pro- vince, westward to the boundary of the United States, by such route as by survey or otherwise may hereafter be found most expedient, whenever the said corporation may deem it expedient so to do, and to make such branches thereof as they shall deem proper, and the said company may have pro- ceeded to locate, construct, and finally complete the said railroad without the sum of fifty thousand dollars of the said capital stock of the said company having been paid in to the treasurer of the said company, in the manner prescribed by 13 said act of incorporation, although the said sum of fifty thousand dollars was then iu the treasury of the said com- pany : And whereas also it may be doubtful whether any assessment made on such subscribers to the capital stock of said company, and the notices of the same, required by the said rocitcd act to be given, are regular unless the said amount of two millions of dollars of said capital stock had first been fully subscribed and fifty thousand dollars thereof paid into the treasurer of said company in the manner pre- scribed by said act: And it may also be doubtful if such notices of assessments or calls of stock made on the sub- scribers to said capital stock, and required by said recited act to be given to the subscribers of the said capital stock, have been given in accordance with the terms of said recited act: And whereas the said railroad is now nearly com- pleted — Be it therefore enacted by the Lieutenant Governor^ Legislative Council and Assembly, as follows : 1. That the subscribers to said capital stock shall be held liable iu the same manner and to the same extent as if the whole of the capital stock, as in the said recited act is men- tioned, had been fully subscribed, and as if the said fifty thousand dollars of said capital stock had not only been paid in to the treasurer of said company but had been so paid in to said treasurer in the manner prescribed by said recited act, and as if all assessments on the shares of said capital stock made and notices thereof given, were made and given according to the terms of said recited act ; and the notices of assessments on the shares of said capital stock which have been given shall be held as having been regularly and law- fully given, and in full accordance with the requirements of said act of incorporation ; and the respective subscribers to the said shares in the capital stock aforesaid shall be liable to assessments and calls for payment of said capital stock made or to be made in the same manner and to the same extent as if the whole amount of two millions of dollars of 14 lii:. said capital stock had been subscribed for and taken up, and the fifty thousand dollars of paid capital stock had been paid in to the treasurer of said company in the manner and at the time required by said recited act, and as if the notice and notices of the calls and assessments had been made and given as required by said recited act. 2. That all the steps taken and acts done, or ordered to be done by the said company, their officers, servants, em- ployees, workmen and assigns in the exercise of the rights, privileges and powers given by the said recited act, or to be hereafter done or ordered to be done by the said company, their officers, servants, employees, workmen, successors and assigns in the exercise of the rights, privileges and powers given by the said recited act shall in all particulars, and in every manner and form, and to all intents and purposes, be as legal and correct as if the said two millions of dollars of said capital stock had actually been subscribed for and taken up, and the fifty thousand dollars of the said capital stock had been paid into the treasurer of said company at the time and in the manner set forth in said recited act. 3. That to entitle the said company to recover against any subscriber or stockholder, a notice shall be given by the president of such company, such notice to be published in one or more of the public newspapers published in the city of Saint John, for the period of two calendar months, which notice shall specify the amount of assessment, that is, whe- ther the whole or what part of the subscribed capital stock, and shall require the same to be paid to the treasurer, ana from and after the expiration of the said two months publi- cation the said company shall be entitled to sue for, recover and receive from any subscriber the amount due for unpaid subscribed stock, which may have been subscribed for by such subscribers, in the same manner as if the calls for assessment had been regularly made and published or served in accordance with the strict requirements of the act incor- porating the said company. hW il ;; 15 m AID 0^ AN ACT THE CONSTRUCTION OF RAILWAYS. Passed April 11, 1864. Whereas it is deemed advisable to aid in the construction of Railways in this Province : Be it enacted by the Lieutenant Governor, Legislative Council and Assembly, as follows : 1. That Provincial aid, in the manner hereinafter pro- vided, will be given towards the construction and comple- tion of the following lines of railway, that is to say : A main line from the City of St. John to the State of Maine, running as near as may be, by th Douglas valley ; and a line from some point on the European and North Am- erican Railway, towards the boundary of Nova Scotia ; also, an extension of the European and North American Railway to Miramichi ; also, a branch to connect the main line with the city of Fredericton ; another branch from the town of Woodstock, to connect with the St. Andrews' line ; another branch from the town of St. Stephen, to connect with the St. Andrews' line ; and another branch to connect the Euro- pean and North American Railway vzith Hillsborough, in the county of Albert, at such point therein as may be deemed most desirable. 2. The several lines of railways, and branches, and exten- sions to be constructed under the provisions of this act, shall be made on such grades, and with such gauges and curva- tures, and of such class and character respectively, as the Governor in council shall determine ; and the routes and location of the said lines and the said several branches and extensions, shall also in all cases be subject to the approval of the Governor in council. 3. The aid to be granted to the said lines of railway, and the said branches and extensions, in the first section of this act specified, shall be at the rate of $10,000 per mile, to be paid as hereinafter provided. 16 4. If any company or body corporate now, or hereafter to be organized, possessing sufficient capital, shall offer to con- struct the first before mentioned lines of railway, and the said branches and extensions, or any of them, and shall give such assurance or guarantee of their a])ility as the Governor in council may deem necessary, the Governor in council is hereby empowered and authorized to consent and agree to the building of the said lines, and the said branches and ex- tensions, or any of them, by such company or body corpo- rate ; such agreement to be in the name of thi3 Queen, and subject to such securities, clauses, and conditions for protecting the public interest and for securing the duo com- pletion of such line or lines of railways as the Governor in council may deem necessary ; and so soon as it shall be sat- isfactorily proved to the Governor in council that any such company or body corporate shall have bona fide expended the sum of $100. 000 ill actual work on the road undertaken to be built by them, it shall be lawful for the Governor in coun- cil to pay to 8uch company or body corporate the sum of j8»25,000, being a portion of the said aid, and so in like man- ner from time to time pro rata until the whole of the said road undertaken by the said company or body corporate shall be fully completed and in efficient operation, with all necessary station-houses, and with substantial and sufficient locomotives and ether rolling stock for the accommodation of passengers and transportation of merchandise, when the balance of the said aid of j^lO,000 per mile, and no more, shall be paid to such company or body corporate. 5. No agreement shall be entered into for the completion of a line to connect with the province of Nova Scotia until satisfactory arrangements are made with the government of that province for the completion of the connection with the Nova Scotia railways. 6. In case the act of assembly made and passed in the twenty-sixth year of Her Majesty's reign, entitled " An act to authorize a loan and for the construction and manage- ment of an inter-colonial railway," should become inopera- 17 tive, then, if any company or body corporate now or here- after to be organized, possessing iiufficient capital, shall offer to construct a line of inter-colonial railway to connect this province with Canada, and shall give such guarantee or assurance of their ability as the Governor in council may deem necessary', the Governor in council is hereby author- ized and empowered to enter into an agreement with such company or body corporate for the construction of such line upon the following terms, viz : That up "n th completion of such line of railway, in efficient operation for the accommo- dation of passengers and transportation of merchandise, the Governor in council shall each and every year thereafter in which the said line of railway shall be efficiently worked, pay to the said company or body corporate a sum, which, together with the net earnings of the said railway, shall be equal to the interest of six per cent, upon the actual cost of said line so agreed to be built, such sum not to exceed in any one year the sum of twenty thousand pounds currency. 7. The Governor in council is hereby authorized to issue from time to time, for the purposes of this act, debentures, payable either in New Brunswick currency or sterling mo- ney, to be numbered consecutively, with coupons annexed, bearing interest at six per cent, per annum, payable semi- annually, in such form, verified and authenticated in such manner, in such amounts not less than one hundred pounds each, and on such conditions, as the Governor in council may prescribe. The principal of such debentures to be paid in full after the expiration of thirty years, to the holders thereof: the debentures in sterling money to be payable in London, and the debentures in New Brunswick currency to be payable at the treasury in New Brunswick. 8. The Governor in council is hereby authorized from time to time to appoint, during pleasure, a fit and proper person as engineer on behalf of this province, whose duty it shall be to watch over the interests of this province in the construction of the several lines of railway hereinbefore spe- cified, and the said branches and extensions. 18 |i s 9. When any of the lines of railway in this act mentioned, or the said branches or extensions, shall pass through crown lands, the Governor in council shall grant, for the purposes of such roads, necessary crown lands for tracks, sidings and stations. 10. That for the purpose of securing the due and efficient completion of all or any of the said lines of railway, or branches and extensions, in the first section of this act men- tioned, any moneys advanced or paid to any company or body corporate under the provisions of this act shall attach and stand, and arc hereby declared to be a primary mortgage or first charge in favor of the Queen, for the benefit of this province, upon such line or lines of railway, and the branches and extensions undertaken to be built by such company or body corporate, and upon the stations, station-houses, roll- ing stock, and property of every description, and shall attach immediately upon the advance or payment of any portion of the said aid, upon all property owned by such company or body corporate ; and in order to fix and ascertain the amounts from time to time advanced or paid to such com- pany or body corporate, the president and treasurer of the same shall deliver to the provincial treasurer a certificate under their hands, stating the amount so received ; which ce-'tificatc shall be sufficient evidence of such primary mort- gage or first charge under this act ; provided, always, that on the completion of the road according to the terms of the agreement, such mortgage or first charge shall cease and determine. 11. Every such company or body corporate as aforesaid shall be bound to provide such conveyance for the officers and soldiers of her Majesty's forces, ordnance corps, marines, militia, or police forces, at such time or times (whether the same shall be the usual hours of starting trains or not) as shall be required or appointed by any officer duly authorized by the Governor for that purpose, and with the whole re- sources of such company or body corporate, at fares not exceeding two cents per mile for each officer, soldier, ma- 19 rine or private of such forces, respectively, and also for each wife, widow, or cliild above twelve years of age, of a soldier, entitled by act of Parliament or other competent authority to be sent to their destination at public expense; children under three years of age so entitled to be taken free of charge ; and children of three years of age and upwards but under twelve years, so entitled, being taken at half price of an adult, provided that every officer conveyed shall be en- titled to take with him one hundred weight of personal lug- gage without extra charge ; and every soldier, marine, pri- vate, wife or widow, shall be entitled to take with him or her, half a hundred weight of personal luggage without extra charge, all the excess of the above weight of personal luggage being paid for at the rate of not more than eighty cents per one hundred weight per hundred miles, and all public baggage, stores, arms, ammunitions and other neces- sary things, except gunpowder and other combustible mat- ters, shall be conveyed at charges not exceeding four cents per ton, per mile, the assistance of the military or others being given in loading and unloading such goods. AN ACT TO FACILITATE THE CONSTRUCTION OF CERTAIN RAILWAYS. Passed June 10, 1867. Be it enacted by the Governor, Legislative Council, and Assemblv, as follows: 1. Whenever the European and North American Railway Company for extension from Saint John westward, shall make it appear to the satisfaction of the Governor in coun- cil that the stock of the said company has been actually sub- scribed and taken by bona fide shareholders, to the extent of five hundred thousand dollars, including the stock already subscribed and taken, the Governor in council may author- r.Mvi, <«ni>.ja«a 20 "IS ize the Rocoiver General or otlier person appointed to col- lect, receive and pay the Keveiiue of the Province, to sub- scribe for stock in the stiid company, for and on behalf of this Province, to the amount of three hundred thousand dollars. 2. The amount of the stock so subscribed shall bo paid up from time to time as calls are made, only that it is ex- pressly declared that no greater amount shall at any time be called for or paid thereon than at the rate of thirty-three and one third per centum of the total expenditure at the time of such call, on the road, the location of which has been ap- proved by the Governor in council. 3 That no part of the said stock held by the Province shall be sold for less than par, until after the expiration of ten years, but at the expiration of ten years, the said stock and all the interest of the Province in the said company may be sold and disposed of, and the proceeds thereof appropri- ated tc paying oft' any of the existing debentures issued under the authority of this act; and if the amount exceeds the amount of such outstanding debentures, then the surplus shali be paid to the Receiver General or other person ap- pointed to collect the revenues of the Province, to the credit of the Province. 4. The Governor in council may from time to time ap- point a Director of the said European and North American Railway Company tor extension from Saint John westward, shall not be a member of the Executive Council, and n'l all have all the power and authority of any Directors ^d by the stockholders. :. The railway built by the European and North Ameri- can Railway Company for extension westward from Saint John, shall be and continue the property of the company, and under their control or the control of some person or persons or body corporate in this Province, but nothing in this act shall interfiere with any lien created or to be created or charged upon the said railway for bonds or otherwise. 6. That the sum of five thousand dollars per mile, and not 21 execerling in the whole seventeen thousand five hundred dollars, be granted for the construction of a branch line of railway to the boundary line of the etate of Maine, from the railway leading from Saint Andrews to Woodstock, to such person or persons or body corporate as shall construct tiie said road, upon its being proved to the satisfaction of the Governor in council that a good and sufficient railway is constructed therein within four years irom the passing of this act, and in good working order for travel and traffic. 7. The Governor in council is hereby authorized to issue from time to time, for the purposes of this act, debentures payable either in New Brunswick currency or sterling mo- ney, to be numbered consecutively, with coupons annexed, bearing interest at six per cent, per annum payable semi- annually, in such form, verified and authenticated in such manner, in such amounts not less than four hundred dollars each, and on such conditions as the Governor in council may prescribe ; the principal of such debentures to be paid in full after the expiration of thirty years, to the holders thereof; the debentures in sterling money to be payable in London, and the debentures in New Brunsv/ick currency to be payable by the Receiver General or other person appoint- ed to collect and receive the revenues in New Brunswick. 8. That the sum of one and a half per cent, on the moneys issued and paid under the authority of this act shall be an- nually included in the estimate of the Provincial expendi- tures, and set aside and invested in Provincial securities, for the purpose of forming a sinking fund to provide for the extinguishment of the principal sums borrowed under the authority of this act, or from time to time appropriated in purchasing the debentures issued under the authority of this act whatsoever shall be in addition to the necessary appro- priation for the payment of the interest, but the dividend derived from the profits on the road shall be appropriated toward the payment of the interest on the money borrowed under the authority of this act. wmmmt 22 i|i1 AN ACT FURTHER TO FACILITATE THE CON- STRU TION OF RAILWAYS. Passed June 17, 1867. Be it enacted by tlio Governor, Legislative Council, and Assembly, as follows : 1. That the tenth section ot an Act made and passed in the twenty-seventh year of the reign of Her present Majesty, intituled "An Act in aid of the construction of railways," be and the same is hereby repealed. 2. The European and Nortb American Railway Company for extension from Saint John westward, may issue bonds or other securities for money, and may secure the payment of the same by mortgage on its capital stock, the road, the stations, station-houses, rolling stock, and its other property and franchises, and may sell or hypothecate such bonds or other securities at such rate or rates, and in such manner, and upon such terms, in or out of the Province as the direc- tors may deem best for the interests of the company. 3. Noth withstanding the provisions of the fifth section of an act passed in the said twenty-seventh year of Tier Majes- ty's reign, entitled " An Act to incorporate the European and North American Railway Comjiany for extension from Saint John westward," the directors may restrict the assess- ments or calls to and upon one half of the capital stock, amounting to two hundred and fifty thousand dollars, bona 0s taken and subscribed, and postpone the assessments and calls upon the other half to a later period, or call the same in at longer periods and in sinaller sums than for the other half of the said capital stock o!ily that the whole of the said capital stock must be paid up in full to the treasurer of the said couipany, for the use of the company, before the con- tract for constructing the said road is completed, and the whole amount of the subsidy from the Government of New- Brunswick is paid and expended. 23 4. The fourth and fifth sections of an act passed in the present session of the General Assembly, entitled "An Act to facilitate the construction of certain Railways," be and the same is hereby repealed. 5. The stock subscribed and taken by and on account of the Province of New Brunswick in the European and North American Railway for extension from Saint John westward, shall be represented in the Board of Directors, and in the government of the said company, in the same manner and to the same extent in all respects as other stock held by in- dividuals. The majority of the directors shall be resident in this Province, and no member of the Executive Council shall be elected a director. 6. The Governor and Council mav from time to time, as occasion may require, authorize and empower a stockholder of the said company to vote in and represent the stock held by the Province, which shall be evidenced by the certificate of the Provincial Secretary, or by an extract from the min- utes of the Executive Council, certified by the Provincial Secretary, to be produced to the meeting of the stockholders, and riled with the secretary of the company, and it shall con- fer authority to vote at such general or special meeting or any adjournment thereof. Y. The time for the completion of the said road, in the manner prescribed by the thirteenth section of an act to incorporate the European and North American Railway Company for extension from Saint John westward, shall be extended for the further t'^rm of two years after the expira- tion of the period prescribed by the said recited act. 24 M m m Contract of the European and North American Railway Com- pany for extension from St. John loestward, with H:r Majesty Queen Victoria, and the approval of the Government of New Brunswick. Memorandum of agreement made and entered into this twenty-third day of September, in the year of our Lord one thousand eight hundred and sixty-five, between the European and North American Railway Company for ex- tension from St. Jolin westward, (hereinafter called the said eonipan}^) a company incorporated by the General Assembly of the province of New Brunswick, of the one part, and Her Majesty Queen Victoria of the other part. Whereas, by an act of the General Assembly of the said province of New Brunswiclv, passed in the twenty-seventh year of Her Majesty's reign, entitled "An act in aid of the construction of railways," the Governor in council of the said province is authorized and empowered to consent and agree with any company or body corporate possessing suffi- cient capital for the construction of certain lines of railway in the said act mentioned, of which the line hereinafter de- scribed is a part ; and whereas t! e said company have offered to construct the line of railway mentioned in said act as "a main line from the city of Saint John to the State of Maine, running as near as may be by the Douglas valley." Now this agrecmen. witnessetli, and it is hereby declared and agreed as follows : 1. The said recited act of assembly shall be the basis of, and shall be construed and considered to be incorporated in this agreement, so far as the same may be applicable thereto. 2. The said company, in consideration of the benefits and advantages secured to them by the said recited act, hereby agrees to construct the said line of railway from the city of St. John to the State of Maine, running as near as may be by tlie Douglas valley, and to a point of junction and con- 25 nection with the line of railway to be extended eastward from the city of Bangor to the province of New Brunswick, the said line of railway being the one described in said aci; as "a main line from the city of Saint John to the State of Maine, running as near as may be by the Douglas valley." 3. The said company hereby agrees to construct said line of railway within three yearo from the twenty-first day of June last, or as soon as may be practicable, in no case to exceed four years. 4. No gradients on said line shall exceed sixty feet to the mile, the gauge of the line to be the medium broad gauge of five and one-half feet in the clear between the rails, and uniform with the gauge of the European and North Ameri can railway, with fifty-six pounds rail to the lineal yard, and eighty-eight tons per mile, fished and secured in the joint splices or plates at the joints, with not less than two thou- sand two hundred and sixty-eight sleepers per mile of track, with iron girder bridges, on spans of greater length than fifty feet, said road to be a first class railroad in all its parts, and to be built in accordance with the provisions of said act of assembly. 5. Fences are to be erected in all needful places on the line ; sidings are to be put up in all proper places for sta- tions as may be needful ; farm-crossings and road-crossings are to be provided in all places where the same may be needed or required and road changes to be made, as the necessities of the track may require. Stations, engine- houses, turn-tables, or other structures or buildings shall be built and erected as the wants of the road may make neces- sary. (5. The said company further agrees to run and equip the said railroad, and to keep and maintain the same in good working order, and also to keep and maintain thereon, in good working order and condition, a suitable number of engine?, passenger cars, freight cars, snow ploughs, hand cars, express, mail and baggage cars, and all implements and machinery required in tlie working of the line, and to run 26 the necessary passenger and freight trains to accommodate the public business of the line. 7. It is also hereby agreed that the rules and regulations for the running of the road are to be subject to the approval of the Governor in council of the province of New Brunswick. 8. The said company hereby agrees to bona fide commence the construction of the said railroad before the tenth day of November next, and to proceed with the same with all rea- sonable speed, so as to have the same completed within the time aforesaid ; and in case the said company fails to com- mence the work as aforesaid, or if after commencing the same they suspend said work, or fail to make reasonable progress with the same, then, and in such case, the Governor in council of the province of New Brunswick may, on giv- ing two months' notice to tiie said company, take possession of the line and all the property thereon, terminate this con- tract, and forever after hold said railroad in the name of, for, and as the property of Iler Majesty the Queen, free from any claim of the said company thereon. 9. The said company, tlieir lessees, assigns, or represen- tatives, shall carry and convey Her Majesty's mails on the said railway for reasonable compensation to be paid. 10. On the completion of the said railway, or any section thereof, the said company, their lessees, assigns, or repre- sentatives, shall make an equitable arrangement with the Governor in council of the said province of New Brunswick for the mutual working of the said railway in connection with the European and North American railway now run- ning from the city of Saint John to Shediac. 11. It is understood that this agreement is made upon the understanding that the European and North American Rail- way Company of the State of Maine, will build a line of rail- way from the city of Bangor, in the State of Maine, to the boundary line between Maine and New Brunswick, so as to meet the said railway from the city of St John to the boun- dary of New Brunswick at the time of the completion of the last-mentioned railway, in order to make a complete road from said city of St. John to said city of Bangor. 27 III testimony whereof, the said company has caused their seal to be placed hereto, and the same to be signed by the president and secretary of the said company. [seal.] WM. PARKS, President. C. N. SKINNER, Secretary. Signed, sealed and delivered in the presence of R. C. Skinner. St. John, September 23, 1865. Sir, — As the European and North American Railway Company for extension from St. John westward have entered into a satisfiactory agreement, in the name of the Queen, for the construction of a railway from the western bank of the river St. John to the boundary line of the Stale of Maine, the Grovernor in council approves of such agreeraeut; and the said company on performing the said agreement will be entitled to receive all the benefits and advantages which are secured and provided by the act passed in 1864, entitled "An act in aid of the construction of railways," so far as the same relates to the agreement so made. I have the honor to remain your obedient servant, A. J. SMITH, President of Executive Council, New Brunswick. William Parks, Esq., President of E. and N.A. R. Co. for extension from St. John westvmrd. li 28 CONTRACT ENTERED INTO WITH THE EUROPEAN AND NORTH AMERICAN RAILWAY COMPANY OF MAINE. Memorandum of an Agreement made and entered into the twenty-first day of June, in the year of our Lord one thou- sand eight hundred and sixty-five, between the European and North American Railway Company, of the State of Maine, of the one part, and the European and North Am- erican Railway Company for extension from Saint John westward, of the Province of New Brunswick, of the other part: Whereas the mutual object before said companies, parties hereto, is the building of a railway from the city of Bangor, in the State of Maine, to the city of St. John, in the Province of New Brunswick ; and whereas the act of incorporation of the New Brunswick company provides, among other things, that the New Brunswick company may make such connec- tion with other railroad companies, within or without the Province, either by leasing their road to other corporation or corporations on such terms and for such length of time as may be agreed upon ; and whereas the said company of Maine has agreed with the said company of New Bruns- wick to build that portion of the line of the European and North American railway which will lie between the city of St. John and the eastern boundary of the State of Maine upon the terms and stipulations hereinafter set forth : Now, therefore, this indenture witnesseth : 1. The New Brunswick company is to locate its line from said boundary of Maine to the city of St. John, where the said railway may best be extended, to a point of connection with the present European and North American railway, now extending from the city of St. John to Moncton, over the general route of its line as surveyed by E. R. Burpee, civil engineer, with such improvements or alterations as said Burpee, or some engineer mutually agreed on, shall deter- [ 29 mine and establish, but not to make the work more expen- sive than is shown in the plan of his survey, and to be approved by the New Brunswick government under the provision of the New Brunswick act entitled "An act in aid of the construction of railways," passed 11th of April, a. d. 1864. No gradient on said road shall be allowed exceeding sixty feet to the mile. 2. The European and North American railway company of Maine agrees to complete its location from Bangor to the eastern boundary line of Maine to a point of junction and connection with the New Brunswick line during the present year, and to secure the most favorable route for the building and working of the road, and to have no grade upon it exceeding sixty feet to the mile. 3. The work of construction of the Maine and New Brun- swick lines, by the said company of Maine, is to commence at Bangor, and at or near the west bank of the river Saint John at the same time, and proceed as near as may be simul- taneously, so as to meet at the said boundary within three years from the time of the execution of this contract, or as soon as may be practicable : in no case to exceed four years. 4. The gauge of the line is to be the medium broad gauge of five and one-half feet in the clear between the rails, and uniform with the Provincial gauge, with fifty-six pound rails to the lineal yard, and eighty-eight tons per mile, fished and secured in the joint splices or plates at the joints, with not less than two thousand two hundred and sixty-eight "leepers per mile of track, with iron girder bridges, on spans of greater length than fifty feet ; said road to be a first class railroad in all its parts, and to be built according to the spe- cification that may be agreed upon or prescribed by said Burpee, or some engineer mutually agreed on to have charge of the construction of said work, and in accordance with the provisions of said facility act. 5. Fences are to be erected in all needful places on the line ; sidings are to be put in at all proper places for sta- tions, as may be needful ; farm-crossings and road-crossings E f;;i! 1^ BO are to be provided in all places where the same may be needed or required by law, and road changes to be made as the necessities of the track may require ; stations, engine houses, turn tables, or other structures or buildings shall be built and erected as the wants of the road shall require, not to exceed, however, the estimates for stations made by said Burpee. 6. The European and North American railway company of Maine also further agrees to run and equip the said rail- road from the boundary of Maine to the point of junction and connection with the present railway from the city of St. John to Moncton, and to keep and maintain the same in good working order, and also to keep and maintain thereon in good working order and condition a suitable number of engines, passenger cars, freight cars, snow ploughs, hand cars, express, mail, and baggage cars, and all implements and machinery required in the working of the line, and to run the necessary passenger and freight trains to accommo- date the public business of the line. 7. In order to pay for the construction of said road from the boundary of Maine to the city of Saint John, the New Brunswick company agree with the Maine company that the subsidy or gift of ten thousand dollars per mile shall be applied for that purpose, in accordance with the terms of said facility act of 186-4 ; and it further agrees to raise the sum of two hundred thousand dollars in reliable cash sub- scriptions, or secure that amount for the purpose of paying for such construction, which sum of two hundred thousand dollars is to be paid over to the Maine company as the work progresses, and at the rate of six thousand two hundred and fifty dollars as each one hundred thousand dollars in actual work on the road is expended, until the same is fully paid up. 8. The balance of the money necessary to pay for the building of the road, it is agreed upon, by and between the parties hereto, shall be provided for in manner following, that is to say : The Maine company shall take stock in the 31 New Brunswick company to the extent and amount of such balance of the coat of the road, after the amount of subsidy aforesaid, and two hundred thousand dollars aforesaid, which stock shall be taken and paid pro rata as the work progresses in actual work and expenditure on the road, at the rate of sixty-eight thousand seven hundred and fifty dollars as each one hundred thousand dollars is expended in actual work on the road, until the road is completed, and the full amount paid. The Maine company may issue their bonds to an amount not exceeding two millions of dollars in all, payable in thirty years, with the rate of interest at six per centum per annum, payable semi-annually, convertible into stock at the option of the holder, which bonds, after the completion of the road, are to be a first lien upon the road, its franchises and property, and pay out the same for building said road as the work progresses, at the rate of sixty-eight thousand seven hundred and fifty dollars as each one hundred thou- sand dollars is expended in actual work on the line, until the entire amount is paid. 9. The said Maine company hereby agrees to build said road from the boundary aforesaid to the city of Saint John aforesaid, upon the terms, and in the manner, and within the time herein set forth. 10. The said New Brunswick company hereby agrees with the Maine company that upon the completion of the line from Bangor to the city of St. John as aforesaid, that then the said New Brunswick company will make a lease for nine hundred and ninety-nine years to the said Maine company of said road, from the city of Saint John to said boundary, which said lease shall contain all proper covenants on the part of both parties hereto for the working, repairing, and keeping in good working order the said road during the continuance of the lease, and all other provisions that may be needful and just in the premises. 11. The rent that the said Maine company shall pay for such road, under the terms of said lease, shall be the interest at six per centum per annum, payable semi-annually, on the "1^ 32 cost of daid road, including the two hundred thousand dol- lars aforesaid, less the said subsidy of ten thousand dollars per mile, and to fulfil and discharge all the duties, liabilities and obligations imposed by law on the New Brunswick company, or entered into under this agreement. 12. It is mutually agreed by and between the parties hereto, that the contract of lease to be hereafter executed shall provide for the protection of all the legal and equitable rights of the New Brunswick company, whose organization is to be kept up and maintained in the same manner as if no lease had been m:ide, and the reasonable and necessary expenses to be agreed upon, when said lease shall be made, of the New Brunswick company in maintaining the same, shall be paid over annually to the treasurer of the New Brunswick company, in quarterly payments, or retained by the New Brunswick company from any funds in its posses- sion for such purpose ; and any work performed by the New Brunswick company, its officers and employees, in con- structing and forwarding the work herein referred to, shall be paid for by the Maine company, and form a part of the constructicm account. Also, the expense of organizing said company, and maintaining the same hitherto, shall be paid for by the Maine company, and also be charged to construc- tion account. 13. Should the lessees, the said Maine company, fail to pay the interest which shall become due upon any portion of the bonds or stock provided for in this agreement to be by them paid, or to pay the principal as it shall become due, it shall be lawful for the lessors, the said New Brunswick company, to take actual possession of the road and of all the property, real and personal, of the company, and apply the income thereof to make up and supply such deficiency, and hold the same until such deficiency is fully paid and dis- charged ; and all property put upon the line in the way of improvements or repairs, and all machinery and rolling- stock purchased and owned by the New Brunswick corpor- ation shall be and remain their property, without any claim on the part of the lessees, the said Maine company. 83 14. The rules and regulations for the running of the road are to be subject to the approval of the Governor in council of the province of New Brunswick. 15. A majority of the directors of the New Brunswick corporation are to be residents of the province of New Brunswick. 16. In case the Maine company fails to commence the work in accordance with the terms of this contract ; or if, after commencing the same, they suspend said work, or fail to make reasonable progress with the same, then and in such case the New Brunswick company may, on giving two months notice to the Maine company, take possession of the line and all the property thereon, terminate said contract, and forever after hold said road as their own property, dis- charged and free from said contract and from any claim of the Maine company thereon. 17. It is understood by and between the contracting par- ties hereto, that this contract is made, subject to the ap- proval of the New Brunswick government. 18. In case of hostilities between the governments of the United States and Great Britain, this contract shall remain in abeyance during such period, without being terminated thereby. 19. No discrimination shall be made on the line of either company on account of the national character of either pas- sengers or freight. In witness whereof the said parties hereto have caused the foregoing indenture to be signed by the respective Presi- dents of the two companies. JOHN A. POOR, [seal.] President of the European and North American Railway Company of Maine. WM. PARKS, President of the European and North American Railway Company for extension from St. John westward. Signed and delivered in presence of C. N. Skinnbr. II m 84 SlJPPLKiVlENTARY CONTKACT MADE AND ENTERED INTO WITH TUB EUROPEAN AND NORTH AMERICAN RAILWAY COMPANY OF MAINE THE SECOND DAY OP JUNE, A. D. 1866. Wheroaa on the 2l8t day of June, in the year of our Lord one thousand eight hundred and sixty-five, a Contract in writing was entered into by and between the European and Norili American Railway Company of the State of Maine and the European and North American Railway' Company for extension from Saint John westward of the Province of New Brunswick, for the construction and equipment of the railway of the last mentioned company from the city of Saint John in said Province of New Brunswick to the east- ern boundary of the State of Maine, and it has been deemed expedient and proper, and lias been agreed between the said two Companies, that said contract shall be modified in cer- tain particulars, and that certain additions thereto shall be made, now this Memorandum of an Agreement, supplemen- tary and additional to and in modification of the said con- tract, made and entered into on the twenty-first day of June in the year of our Lord one thousand eight hundred and sixty-five (and hereinafter called said existing contract), made this second day of June in the year of our Lord one thousand eight hundred and sixty-six, witnesseth : First. The seventh and eighth items of said existing con- tract are hereby annulled, and shall her -after have and be of no force or eftect whatever, and in place thereof it is agreed by and between the parties hereto that the said rail- way company of New Brunswick shall pay to the said rail- way compau}^ of Maine thirty-seven and a half per cent, in cash, twenty-five per cent, of which shall be the amount of the Government subsidy of every one hundred thousand dollars expendti by the said railway company of Maine in the con- struction of the railway in New Brunswick until the sum of two hundred thousand dollars shall have been expended by 85 Haid railway company of Maine in the construction of said railway in New Brunswick, then afterwards the said railway company of New Brunswick shall pay to the said railway company of Maine fifty per cent, in cash of every one hun- dred thousand dollars expended hy the said railway company of Maine in the construction of the railway in New Brun- swick until the present subscription to the capital stock of the said railway company of New Brunswick and any addition to the same which shall hereafter be me do shall be expended, then twenty five per cent, in cash and in the same ratio a proportion of any further aid or subsidy the Government of New Brunswick may hereafter grant of every one hundred thousand dollars expended by the said railway company of Maine in the conntruction of said railway in New Brunswick until the whole railway is completed in said Province of New Brunswick, or until the whole Government aid or sub- sidy shall be exhausted. The saiti railway company of New Brunswick shall issue its bonds to the amount of two millions of dollars, principal and interest payable in gold or the lawful currency of said Province, which said bonds shall be paid in thirty years, and shall be made in such denominations cr amounts as may be deemed expedient by the parties hereto, bearing in- terest payable semi-annually at the rate of six per cent, per annum, and shall create and execute a mortgage of its rail- way, franchises, privileges and property of every name and kind to secure the payment of the interest and principal of said bonds, which said bonds shall be issued and used only for the purpose of paying for the construction of said railway ill New Brunswick ; and said bonds shall be delivered to the treasurer of the said railway company of Maine, or to his order, to the extent and amount of fifty per cent., sixty-two and one half per cent., or seventy-five per cent., as the case may be, according to the foregoing modes and amounts of payment in cash of every one hundred thousand dollars expended by the said railway company of Maine in the con- struction of said railway in New Brunswick, so that full r.i " 36 m payment shall be made by the said railway company of New Brunswick in cash and in bonds of every one hundred thou- sand dollars so expended by the said railway company of Maine, until the said two millions of dollars of said bonds shall be exhausted. Then, if said cash and said bonds to- gether shall not be sufficient to pay for the construction and equipment of said railway in New Brunswick, the said rail- way company ot New Brunswick shall issue and deliver to the treasurer of the said railway company of Maine, or to his order, such an amount of the full paid up stock of the said railway company of New Brunswick as will pay the said railway company of Maine in full the cost of such con- struction and equipment ; or, if the said railway company of Maine shall so elect, the said railv/ay company of New Brunswick shall issue and deliver to the treasurer of the said Maine company, or to his order, portions of said paid up stock from time to time as the work progresses, in lieu of the same amount of said bonds. Second. The eleventh item of said existing contract is hereby annulled, and shall hereafter have and be of no force or effect whatever, and in place thereof it is agreed by and between the parties, that the said railway company of Maine shall pay the interest on said bonds of the said railway com- pany of New Brunswick as the same shall become due, and at their maturity shall pay the principal thereof, and shall forever indemnity and hold harmless the said railway com- pany of New Brunswick from any loss or damage on account thereof. The net earnings of the said railway in New Brun- swick shall be applied to the payment of said interest and said principal, and the balance of such net earnings shall be divided among the stockholders of the railway company of New Brunswick in proportion to the amount of stock which they shall severally hold. Third. The twelfth item of said existing contract is here- by annulled, and shall hereafter have and be of no force or effect whatever, and in place thereof it is agreed by and be- tween the parties that the necessary expenses of maintaining 37 ft the corporate organization of tlie said New Brunswick com- pany shall be paid by the said railway compaijy of Maine, and such expenses shall be paid annually in the month of June. Fourth. The thirteenth item of said existim? contract is hereby annulled, and shall hereafter have and be of no force or eiFect whatever, and in place thereof it is agreed by and between the parties, that until such lease as is provided for in said existing contract shall be executed the said railway company of Maine shall hold and possess said railway in New Brunswick and all the rights, property and privileges of the said railway company of Nev.^ Brunswick, upon the same terms and conditions as it would if such lease were executed, subject to the provisions of the sixteenth item of the existing contract; and if at any time the said railway company of Maine shall neglect to pay the interest on said bonds for the period of thirty days after the same shall have become due and payable, or shall neglect to pay the princi- pal thereof for the period of three months after the same shall have become due and payable, the raid railway com- pany of New Brunswick may take possession of said railway in New Brunswick and all its property, and hold, and pos- sess, and use the same, and the profits and income thereof, until such payments shall be made. Fifth. It is further agreed by and between the parties hereto, that in case the said railway company of Maine can make purchases of rails, spikes, and other materials for the construction of said railway in New Brunswick, to be paid for in said bonds of the said railway company of New Brun- swick, and shall deem it expedient to make such purchases and payments, the said railway company of New Brunswick shall deliver said bonds to the extent and amount of such purchases to the party or parties of whom the same shall be made, and said rails, spikes, and other materials thus pur- chased and paid for, shall be delivered into the possession of and held by the said railway company of New Brunswick to be used as the same may bo required in the construction F 38 ill at- ''\' ii. ji,^ of said railway in New Brunswick, under this contract. And in case the said railway company of Maine, on account of the favorable condition of the money market or for other reasons can at any time negotiate the sale of said bonds, or any portion of them, for cash, and shall deem it expedient to do so, the said railway company of Ncv Brunswick shall deliver said bonds to the party or parties to whom the same may be sold, and the moneys arising from such sales shall be paid into the treasury of the said railway company of New Brunswick, and the same shall be paid over to the treasurer of the said railway company of Maine, or to his order, at such time and in such sums and proportions as the said raihvay company of Maine would be entitled to receive in said bonds under this contract. Sixth. It is further agreed and understood by and between the parties hereto, anything in said existing contract to the contrary notwithstanding, that all parts of said existing con- tract, and all the agreements and undertakings therein con- tained, inconsistent with the foregoing changes, modifica- tions and additions, are and shall be forever null and void and of no force or eifect whatever. In witness whereof, the railway company of New Brun- swick by its President duly authorised thereunto, and the said railway company of Maine by its Treasurer duly author- ised thereunto, have signed the respective names and affixed the respective seals of said Companies at the city of Saint John in said Province of New Brunswick, this second day of June in the year of our Lord one thousand eight hundred and sixty-six. Euro'pean and North American Railway Company^ [seal] by N. WOODS, Treasurer. The European and North American Raihcay Com- [seal] jpany for extension from St. John westward, by WM. PARKS, President. Signed, sealed and delivered in presence of Charles N. Skinner. Approved— John H. Wiooins. 39 ADDITIONAL CONTRACT MADE AND ENTERED INTO WITH THE EUROPEAN AND NORTH AMERICAN RAILWAY COMPANY OF MAINE THE THIRD DAY OF SEPTEMBER, A. D. 1867. Whereas, on the twenty-first day of June, in the year of our Lord one thousand eight hundred and sixty-five, a Con- tract in writing was entered into between the European and North American Railway Company of the State of Maine and the European and North American Railway Company for extension from Saint John westward of the Province of New Brunswick, for the construction and equipment of the railway of the last named company from the city of Saint J )lm in said Province to the eastern boundary of the State of Maine ; and whereas, on the second day of June, in the year of our Lord one thousand eight hundred and sixty-six, an additional and supplementary contract to the first named contract was made and entered into in writing between the two aforesaid companies ; and whereas, since the execution of said supplementary and additional contract, the Province of New Brunswick authorized thereto by an act passed by the Governor, Legislative Council and Assembly the tenth day of June, A. d. 1867, has subscribed and taken for and in behalf of said Province stock of the said ."European and North Amer- an railway company for extension from Saint John west'w.;. i to the extent of thr<^e hundred thousand dollars, payable 1'' ,n time to time as calls are made, subject to the condition that no p^reater amount shall at any time be called or paid thereon than at the rate of thirty-three and one third per centum of the total expenditure at the time of such call on the road, the location of which has been approved by the Governor and Council. Now this Memorandum of an Agreement between the Eii'^jT^ean and North American railway company of the Stale of Maine and the European and North American rail- way company for extension from Saint John westward, wit- nesseth : '.-V-'ll 40 That the said European and Nortl: American railway company for extension from Saint John westward has cove- nanted, promised and agreed to and with the said European and North American railway company of the State of Maine, and by these presents does covenant, promise and agree to and with the said railway company of the State of Maine to pay to said last named company the entire amount of said subscription in the whole the sum of three hundred thousand dollars, as the same may be collected from and paid by said Province, under the provisions of the act aforesaid, and the calls made by the said railway company of New Brunswick, anything in the first arti '■ i -m' item of said additional and supplementary contract bei t the said companies made the second day of June a. d. xo66 to the contrary notwith- standing, and that the amount of bonds of the said railway company of New Brunswick to be paid and delivered to the said railway company of Maine as is provided in said first item or article of said supplementary and additional contract shall be reduced to the same extent that the cash payments shall be increased by the payment of the aforesaid sum of three hundred thousand dollars, the amount of the stock subscription of the said Province as is hereinbefore provided. It is further understood and agreed by and between the said companies that the said railway company of New Brun- swick will pay t3 the said railway company of Maine any and all moneys collected and received from any and all ad- ditional and further subscriptions to the stock of said rail- way company of New Brunswick as the same may from time to time be paid and received, anything in the said first item or article in said supplementary and additional contract be- tween the said companies to the contrary notwithstanding, in the place of an equal amount of the bonds of the said rail- way company of New Brunswick, and the amount of said bonds to be paid and delivered from time to time to said railway company of Maine, as provided in said first article or item of said supplementary and additional contract shall be reduced to the same extent that the cash payment shall 41 be increased by tbe payment of the moneys aforesaid, col- lected and received from and on account of all said addi- tional and further subscriptions to the stock of said railway company in New Brunswick. It is further understood and agreed by and between the said companies, that this contract is and shall ever be held as a modification of the aforesaid existing contracts between them as to the matters and things herein mentioned, and those only; and in all other respects, and as to all other matters and things, the said existing contracts have and shall continue to have full force and effect. In witness whereof, the said European and North Ameri- can railway company for extension from Saint John west- ward by its President duly authorized thereto, and the said European and North American railway company of the State of Maine duly authorized thereto, have signed the respective names and affixed the respective seals of said two companies at the city of Saint John in said Province of New Brunswick this third day of September, a. d. 1867. ' The European and North American Railway Company for extension from St. John westward, by its President, [seal] WM. parks. The European and North American Railway Company of Maine, by its President, [SEAL.] G. K JEWETT. Signed, sealed and delivered in presence of C. N. Skinner. 42 Wl BOND AND MORTGAGE AUTHORIZED TO BE MADE AND ISSUED AT A SPECIAL MEETING OF STOCKHOLDERS HELD ON THE SECOND DAY OF NOVEMBER, A. D. 1867. This indenture made the first day of July, in the year of our Lord one thousand eight hundred and sixty-seven, be- tween the European and North American Railway Company for extension from St. John westward, a corporation of the Province of New Brunswick, in the Dominion of Canada, the party hereto of the first part; and Samuel L. Tilley of the said Province, and John Edgar Thomson of the State of Pennsylvania, trustees for certain creditors, holders, and owners of the bonds of said Railway Company, party hereto of the second part. Whereas the said European and North American Railway Company for extension from St. John westward, the party hereto of the first part, has been duly chartered and vested with franchises to be a corporation, granted to the said Com- pany by act of the General Assembly of the said Province of New Brunswick, and has been duly organized as a cor- poration in conformity with the provisions of said act, with capacity in its corporate character to take, hold and exercise certain franchises, and particularly with capacity to acquire, build, nold, maintain, and operate a continuous railway, with all its equipments and appurtenances, extending from the city of Saint John, in the county of Saint John, in the said Province of New Brunswick, westward by way of the Douglas Valley, to the eastern boundary line of the State of Maine in the United States, a distance of eighty- eight miles. And whereas the said party hereto of the first part has located and resolved to construct, and is now constructing its said line of railway from the said city of Saint John west- ward to the point in the said eastern boundary line of the State of Maine in the United States, where said railway will 43 join and connect with the line of railway extending from the city of Bangor eastward to the Pro nee of New Brun- swick. And whereas, the said Province of New Brunswick did, by act of the Legislature of said Province, passed on the eleventh day of April, in the year of our Lord one thousand eight hundred and sixty-four, grant to the said line of rail- way in New Brunswick, Provincial aid at the rate of ten thousand dollars per mile, to be paid as in said act is pro- vided, and in and by said act the Governor in council was empowered and authorized to consent and agree to the building said line of railway b}' any company or body cor- porate possessing sufficient capital, who should offer to con- struct the same ; such agreement to be in the name of the Queen. And whereas, the said party hereto of the first part has given such assurance and guarantee of its ability to con- struct said line of railway as the said Governor in council did find necessary ; such agreement has been made, dated the twenty-third day of September, in the year of our Lord one thousand eight hundred and sixty-five ; and the route and location of said line of railway has been approved by the said Governor in council, in accordance with the terms of said act. And whereas, the party hereto of the first part being by its said charter and the laws of said Province legally authorized so to do, for the purpose of raising money for completing the construction of their said railway between the terminal points aforesaid, and ibr equipping the same, have deter- mined to borrow; and raise the sum of two millions of dollars by an issue and sale of its corporate bonds, secured by a mortgage upon the said railway and all its rights, franchises, easements, appurtenances and equipments, did at a lawful meeting of its stockholders, held at the city of Saint John, in said Province, on the second day of November, in the year of our Lord one thousand eight hundred and sixty- seven, vote, resolve, and ordain as follows, to wit : %■ r 44 " Tliiit for the purpose of producing means to aid in the construction and equipment of the railway of this company from tlie city of Saint Jolm in the Province of New Brun- swick to the eastern boundary line of the State of Maine, a distance of eiglity-oight miles, this company will raise and borrow a sum not to exceed two millions of dollars, to be repaid in thirty years from the first day of July in the'year of our Lord one thousand eight hundred and sixty-seven, with interest at the rate of six per centum per annum ; that as security for the repayment of the said sum of money and interest this company will make and issue a series of its bonds, in the aggregate not to exceed in amount the sum of two millions of dollars, or in an amount in pounds sterling lawful money of Great Britain equal thereto of not less than one thousand dollars each, if in dollars, or of not less than two hundred pounds sterling each, if in pounds sterling, payable in thirty years from the first day of July in the year of our Lord one thousand eight hundred and sixty-seven, bearing interest at the rate of six per centum per annum, and said interest to be payable semi-annually on the first days of January and July in each year, and said principal and interest both to be payable in the city of London in England, and any bond or writing issued as evidence of any part of said debt, to have interest warrants attached, signed by the treasurer of said railway company, for the payment of the interest on the days and times aforesaid. " That to ^ jure the payment of said money and the bonds issued therefor and the interest thereon, and every part thereof, this company will make, execute, and deliver to Samuel L. Tilley and John Edgar Thomson, as trustees, and to their successors, a deed of mortgage of its railway from the said city of Saint John to the eastern boundary line of the State of Maine at the point aforesaid, a distance of eighty- eight miles, together with all its rights, liberties, franchises, privileges, easements, appurtenances, and all equipments of every kind and description now existing, and also all which it may hereafter acquire, which said mortgage shall be a first 45 mortgage and lien on all of the line of railway of the com- pany between the terminal points aforesaid with all its rights, franchises, easenients, appurtenances and equipments afore- said : Provided that nothing in this order, or in said mort- gage shall include or be construed to include, or mortgage or pledge, any bonds, grants, donations, property, or stock or stock subscriptions, received, or made, or to be received, from any source whatever, nor anything else, other than the said line'of railway, with all its rights, franchises, easements, buildings, appurtenances and equipments, required for its proper operation and maintenance ; and the incomes and revenues arising or to arise from the operation of said rail- way. " That three of the Directors of this company are hereby authorized, empowered and directed for and in behalf of this company, for the purpose aforesaid, immediately to prepare and in due form of law, make and execute under their hands and seals and under the seal of this company, which com- pany (corporate) seal they are hereby authorized to affix to said bonds, twenty hundred and fifty-five bonds of this com- pany, each dated on the first day of July in the year of our Lord one thousand eight hundred and sixty-seven, and due thirty years after their date, each for the payment of two hundred pounds sterling money of Great Britain, and each bearing interest at the rate of six per centum per annum payable semi-annually on the first day of January and July in each year in similar sterling money, and payable both principal and interest in the city of London in England with interest warrants thereto attached. That said bonds shall each be, substantially, in the form following, to wit : G 11 46 THE DOMINION OF CANADA. ^£200 sterling. ^200 sterling. PROVINCE OF NEW BRUNSWICK. The European and Norlh American Raibvay Co. for extcnsiov from. Saint John westward. FIRST MORTGAGE BOND. The European and North American Railway Company for extension from Saint John westward, of the Province of New Brunswick in the Dominion ot Canada, acknowledges itself to be indebted to Samuel L. Tilley of the city of Saint John, or bearer, in the sum of two liundred pounaa sterling, lawful money of Groat Britain, which sum the said liailway Company promises to pay to the said Samuel L. Tilley, or the bearer hereof, in the city of London in England, on the first day of July in tlie year of our Lord eighteen hundred and ninety-seven, without defalcation ; with interest thereon at the rate of six pounds sterling per centum per annum, payable semi-annually on the first days of January and July in each year, in the said city of London, on the presentation and surrender of the interest warrant for the same, hereto annexed. This Bond is one of a series of twenty hundred and fifty-five bonds of like amount, tenor and date ; all equally secured by a first mortgage as hereinafter mentioned, and the holder hereof equally with the holder or holders of each of the said bonds, is entitled to the security to be de- rived from the said first mortgage (which bears even date herewith), of its railway, and all its rights, franchises, ease- ments, appurtenances and equipments, as therein mentioned, and which mortgage duly authorized, executed and recorded, conveys and assigns all the said railway, and all its rights, franchises, easements, appurtenances and equipments to said Samuel L. Tilley and John Edgar Thomson of Pennsylvania, as trustees, in trust, to secure the full and final payment without preference, of the said issue of twenty hundred and fifty-five bonds (the whole being for the sum of X411,000), with the interest to arise thereon, according to the terms 47 and provisions of the said Deed of Mortgage ; all of which by referenee to said mortgage will more fully appear. The holders of this bond will also be entitled equally with the holder of each of the other bonds i^i'said issue to the benefit to be derived from a sinking fund to be annually set apart and appropriated for the redemption of said issue of bonds, at the times and in the manner in said Mortiraije or Deed of Trust specified. This bond will not be obligatory on the said company, until, after due execution thereof by said company and sealing with its corporate seal, it shall by a writing thereon signed by one or both of said Trustees, be certified that it is one of the bonds of the issue above men- tioned entitled to the security of said Mortgage or Deed of Trust, and that said Mortgage for securing it has been duly executed, delivered and recorded. In witness whereof the said company have in due form of law made and executed these presents, by causing its com- mon (corporate) seal to be hereto affixed, and the same to be signed and sealed under the hands and seals of three of its Directors, and it has caused the interest warrants hereto an- nexed to be duly made and signed for and in its behalf by its Treasurer this first day of July A. D. 1867. [seal.] > Directors. Form of Certificate of Trustees. We do hereby certify that the above bond is one of the series of 2055 bonds, all of the same amount, tenor and date, and is entitled to the security of said Mortgage or Deed of Trust, as in said bond specified ; and that said Mortgage or Deed of Trust to secure the same has been duly made and delivered to us the Trustees therein named, by said Railway Company, and duly recorded. } Trustees. 48 Form of Interest Wari-ant. £6. £6. Tlio Kuropoan and North AimM-icaii Kailway Com- pany for extens^?reto of 51 the first part, to have and to hold, all and singular the said railway, the rights, the property, real and personal, with the hereditaments and appurtenances, and all and singular the rights, liberties, privileges, easements, franchises and equip- ments, hereby conveyed or intended to be conveyed to the said party hereto of the second part as trustees as aforesaid, and to their successor and successors in said trust, and their assigns, to the only proper use, benefit and behoof of the said party hereto of the second part, as trustees as aforesaid, and of the trust they represent, and their successor and suc- cessors and assigns forever. Provided ' always nevertheless that nothing in these pre- sents shall grant, convey, or include, or be understood or construed to include, grant, or convey any moneys, bonds, grants of money, donations, stock, stock subscriptions, sub- sid}^ lands or aid received by said party of the first part, to pay for or be used in the construction of said railway, from any person or government or source whatever, but shall include, hold and cover, grant, and convey all iron rails and all other materials to be used in such construction pur- chased by the party hereto of the first part, or its agent or agents, and paid for by it with the sf "d bonds or the pro- ceeds of the sale of said bonds from and always after the time that such iron rails and other materials so to be used shall have been delivered to said party hereto of the first part, or to its agent or agents on the line of said railway, and in place to be readily and freely used in the construc- tion thereof; and. Provided further, that these presents are upon condition and for the purposes herein expressed, namely : — First. That said party hereto of the first part shall have and retain full and undisiurbed possession and control and management in every respect, of all of the said railway pro- perty and appurtenances, and the revenues and incomes thereof, and rights and privileges hereby granted, conveyed, and pledged, and mentioned, and specified ; free from all interference, until default by it in some respect as hereinaf- 52 m ■ »! r ter specified, shall be made, whereby by virtue of these pre- sents, the part\' of the second part as trustees, shall have the right to enter on or take possession of the same or oth- erwise make interference concerning the same. Second. That on the full payment of the said money provided to be paid by the said bonds, and of all interest thereon ; or by becoming the owners of the said bonds and present- ng the same to the party hereto of the second part, by the said party hereto of the first part or its assigns or grantees for cancellation, these presents and everything herein contained, whereby the said railway property, appur- tenances and rights, are, or may be, in any way granted, conveyed, pledged or incumbered, shall be and become wholly void, annulled, cancelled, and of no effect; and the said railway property, appurtenances and rights, and matters named in this mortgage, and the said party hereto of the first part be wholly released, freed and discharged from the same forever, without any entry, or record of satisfaction whatever, and that said party of the second part shall, if required, enter and record such satisfaction of it, in all places, and on all record books where it shall have been recorded. Third. In case default shall be made in the payment of any interest on any of the aforesaid bonds issued or to be issued according to the tenor and effect of the interest war- rants thereunto annexed or the provisions hereof, or in case default shall be made in the payment of the principal of said bonds or any of them, or any part thereof, when the same shall become due, if such default shall continue for the period of six months, it shall be lawful for the said party hereto of the second part, or tiieir successor or successors, ae such trustees in their discretion, either in person or by their attorney or attorney's agents, or agents appointed for that purpose, to enter into and upon, and take possession of all and singular the said railway from the said city of Saint John to the said eastern boundary line ox* the State of Maine, and all the other property, real and personal, franchises, 53 easements, privileges, appurtenances, and equipments here- inbefore conveyed or intended to be conveyed, and eacli and every part thereof, and may operate said railway and take and receive the income and profits thereof, and conduct the business thereof, and exercise and use the franchises apper- taining thereto, and make all repairs and replacements, and such useful alterations, additions and improvements as may to them seem judicious, and generally assume and take the control, management and disposition of all the said railway property and the appurtenances, privileges, franchises, and equipments to the said party hereto of the first part belong- ing, hereby granted, conveyed and pledged, or intended to be granted, conveyed and pledged in the place and stead of, and with all the powers and authority of the party hereto of the first part. And after deducting the reasonable and proper charges and expenses of operating the said railway and conducting its business and of said repairs, replacements, alterations, additions and improvements, and all payments for taxes, assessments, charges or liens upon the same or any part thereof, as well as for a reasonable compensation for their own services, said trustees shall apply all moneys arising therefrom as aforesaid to the payment of le interest due on said bonds in the order in which such interest >hall huve become or shall t j ome due ratably to the persons 1' >lding the warrants for such interest, and after pajnng all sucl' in- terest which shall have become due, shall hold and apply the balance, if any, to the purposes of their trust. Fourth. In case default shall be made as aforesaid, and shall continue as afcf said, it shall be lawful for the said party hereto of the second part, or their successor as such trustees, after entry as aforesaid, or other entry, or without entry, but with due notice in writing, for at least thirty days to the said party hereto of the first part, personally or by their attorney or attorneys, agent or agents appointed for that purpose, to sell all and singular *he said railway and all the other property, real and personal, hereby conveyed or H 54 intended to be conveyed at public sale in tbe city of Saint John aforesaid, at such time as they may appoint, selling the same as an entirety, but before any sale of the said rail- way or any part of it, or the rights, liberties, privileges, fran- chises, and other property aforesaid, notice of such intended sale shall be published once a week for the period of twelve weeks at the least, in three newspapers published in the said Province of New Brunswick, two of which shall be published in the city of Saint John in said Province, and in two public newspapers published in the city of Boston, in the State of Massachusetts, and the said trustees may give such other and further public further notice of such intended sale as they in their discretion shall see fit; and said trus- tees may adjourn such sale or sales, or any of them, from time to time in their discretion, and if adjourned make such sale or sales at the time or times to which the same may have been so adjourned, without further notice ; upon any such sale or sales being made, the said trustees shall make, execute, and deliver to the purchaser or purchasers good and sufficient deed or deeds and conveyances which shall vest in such purchaser or purchasers all the estate, right, title, and interest, whether legal or equitable, of said trustees and of said railway company, of, in, or to, said property, equip- ments, and every part and parcel thereof including the rights, liberties and franchises of said railway company in respect to the railway which shall be so sold, and said sale or sales so made as aforesaid shall be a perpetual bar both at law and in equity against the said party liereto of the first part and against all other persons lawfully claiming or to claim the said railway and all the other said property or any part thereof, by, from, through, or under the said party hereto of the first part or any of the parties hereto. After deducting from the proceeds of such sale or sales, just allowances for all expenses of the same, and all debts or advances which may have been made by said trustees iii operating, maintaining and managing said railway and its business, and all taxes, assessments and charges, and liens 55 on the same or any part of it, prior to the lien of these pre- sents, as well as reasonable compensation for their own ser- vices, they shall apply the proceeds of such sale or sales as well as all moneys of said party hereto of the first part in their hands, arising from the operation of said railway as aforesaid to the payment of interest, and afterwards to the payment of the principal of such bond^, as may then be un- paid or unabsorbed by the sinking fund, until all are paid, if sufficient for that purpose, and if not sufficient then rata- bly and equally amongst the holders thereof without prefer- ence or difference ; but if any surplus shall remain, they shall pay the same to the said party hereto of the first part. It is hereby declared that the receipt of said trustees shall be a sufficient discharge to the purchaser or purchasers of any of said property for the purchase money, and such pur- chaser or purchasers after having paid the purchase money and having such receipt shall not be bound or liable in any way to see said money applied to this trust, or otherwise or in any manner answerable- for its misapplication or loss, or obliged to inquire into the necessity or expediency or au- thority for such sale or sales. Fifth. In case of default by the said party hereto of the first part of payment of interest or principal of said bonds or any of them hereby secured or intended so to be, the said trustees may proceed in any court of competent jurisdiction by suit at law or in equity to enforce the collection and pay- ment of the same, and from said railway company and for the sale or sales of the said railway, and all the rights, fran- chises and other property hereinbefore conveyed or intended to be conveyed and the foreclosure of all equity of redemp- tion of the party of the first part therein. Sixth. At any sale or sales of the said railway and pro- perty as aforesaid or any part thereof, whether made by vir- tue of the powers herein granted or by judicial authority, the said party hereto of the second part and their successors as such trustees may bid for and purchase or cause the same to be bidden for and purchased, the property so sold or any 56 i -i part of it in behalf of the holders of the bonds secured by this mortgage, then outstanding, at a reasonable price if only a part of said property be sold ; but if the whole of said property be sold at a price not exceeding the whole amount of said bonds outstanding, with the interest accrued thereon. Seventh. If default shall be made by the said party hereto of the first part in the payment of any half year's interest on any of the aforesaid bonds without the consent of the holder of such bonds, at the time and in the manner provided in the interest warrants issued therewith, the said warrants having been presented and the payment thereof demanded, and such default shall have continued for twelve months, then and thereupon the principal of all the bonds hereby secured, shall at the election of the said party hereto of the second part, or their successors, become immediately due and payable, anything in said bonds contained to the con- trary notwithstanding ; but a majority in interest of the holders of such bonds may in writing or by a vote of a meeting to be held for that purpose, instruct and direct said trustees to declare said principal due, and thereupon the same shall be and become immediately due and payable, or they may instruct and direct said trustees to waive such declaration and extend the time for the payment of the in- terest, or to receive an interest bond therefor retaining a lien upon said warrants ; or they may annul any declaration or election as to the same made by said trustees theretofore. Eighth. That as soon as said line of railway from St. John to the Maine boundary line shall be completed and equip- ped, and the whole of the cost thereof paid for, and no debt for its construction exist except the said four hundred and eleven thousand pounds sterling, or some part thereof, as re- presented by the said issue of twenty hundred and fifty-five bonds aforesaid, there shall be thereafter created a sinking fund, for the redemption of said bonds, in the following manner, viz : Whenever at the end of any fiscal year the earnings of the said line of railway shall have been sufficient to pay all the expenses of its operation, and maintenance in 67 good order and repair, and to pay all the interest accrued on the said bonds then outstanding, and after having paid such expenses and interest shall still leave a surplus, or an amount of net prolits : the one tenth part of such surplus, or net profits, shall not be paid to the stockholders; but shall be paid and appropriated to a sinking fund for the pay- ment and redemption of the principal and interest of the said twenty hundred and fifty-five sterling bonds, and be used and invested for no other purpose whatever. All money received for said sinking fund shall be invested at interest in safe securities, and whenever possible, at par or under, in the bonds of said issue, aud all securities and bonds in which it, or any of it may be invested, shall be transferable to, and marked or certified upon the same, and registered as belonging to said sinking fund, and the interest of the same collected and similarly invested annually, so that the money and its interest, and all accretions to said sinking fund, shall be continually compounded, and all con- tinually kept at interest. The directors of the said railway company, said party hereto of the first part, shall have the entire control and management of said fund, and appoint all agents needed, and make all regulations for its investment, its safety and its increase. Ninth. The said railway company party hereto of the first part, shall from time to time make and execute and deliver to the said party hereto of the second part, or their succes- sors, such further deeds, conveyances and assurances in law as shall be necessary for the better securing said bonds upon the Trust herein expressed, on the railway and property herein specified. It is understood and agreed that said party hereto of the first part, if it become expedient in its discretion, may sell, or exchange, or otherwise dispose of any buildings, lands or grounds held or owned for depot, station, or side track pur- poses, or for gravel pits or quarries, or for fuel purposes, where the same shall not be required, or useful for their business, and convey the same free and clear of all lien of rv- 68 I; this mortgage ; and that any and all grounds, lands or build- ings acquired by said company hereafter tor the purposes of the road, shall become and be subject to and bound by the lien of this mortgage, as if the same was now owned by them and especially described and mentioned herein. Said com- pany shall also have full power and authority to sell or ex- exchange any and all engines, cars, locomotives, tools and other personal property, which may become impaired by use or require renewal ; but all property of those kinds, obtained hereafter, by the said party hereto of the first part to replace the same, shall be and become subject to the lien and ope- ration of this mortgage. Tenth. The said railway company, said party hereto of the first part, may arrange to have said bonds registered, and at the request of any holder, cause the registry thereof to be made in a book to be kept for that purpose ; and when any such bond shall be so registered, such registry shall be en- dorsed thereon by the Secretary of the said railway com- pany, party hereto of the first part; and thereafter such registered bond shall not be transferable by delivery only, but shall only be transferable by the order of the person in whose name the same shall be so registered, until such re- gistry shall have been released. Said railway company shall make the necessary orders and rules to have such registry duly made. Eleventh. If either of the persons named and appointed as trustees, and to whom this mortgage is made, or any succes- sor in said trust shall die, or resign, or be removed, or oth- erwise vacate his ofiice of trustee ; the whole and sole exe- cution of said trust, and all the estate, rights, authority and powers, by these presents vested in both of said persons, shall vest, devolve on, and be held and exercised by the one remaining trustee, in every respect and in all cases what- ever, until another person shall be appointed to fill the vacancy. If any vacancy shr.ll happen by the death, resignation, or refusal to act, or by removal, or in any other way, of either 59 of the persons or of botli of them named as trustees, a ma- jority in amount of the holders of said issue of bonds may by appointment in writing, signed by them, appoint another person, or two other persons, to fill such vacancy or va- cancies. If such vacancy or vacancies shall not be filled in that manner, within six months after it or they shall have oc- curred, then the directors of said railway company may by an order of their board appoint a person or two persons to fill the same. Every appointment of any person to be trustee to fill a vacancy, shall be in writing, and under the seal of said railway company, and shall be recorded in the oflice of the Registry of Deeds in each county where said mortgage shall be record- ed, and a copy thereof attached to said mortgage, and a copy filed in the oflSce of the said railway company. The trust hereby created shall not end, expire, or become void in any case, by reason of any vacancy in any trustee- ship, but shall in case of vacancies in both trusteeships, and neglect to fill them in the manner above specified, be held to be vested in Her Majesty the Queen, to be, if necessary, executed by her Supreme Court in Equity in said Province of New Brunswick, until a person or two persons shall have been appointed to fill the same. The person or persons being and acting as Trustee shall not in any case be, or be held individually liable or respon- sible for the act of a co-trustee, nor for the acts of any em- ployee, appointed, or agent appointed or employed by him or them, further than for the exercise of reasonable care, diligence, and discretion in appointing or employing such person or persons ; and in the performance of any duty de- volving on him or them in the execution of this trust. Such trustee or trustees shall be entitled to reasonable compensation for the performance of the duties of the trust, and for all the needful expenses thereof. All the powers, authority, rights, privileges and duties, by these presents granted to and vested in the trustees 60 named in this mortgage, shall vest in and belong to each and every successor or successors in said trnsteeship as fully and completely as if such successor and successors had been a party hereto and named herein. The word "Trustees" shall bo taken to mean the trustees or trustee for the time being, whether there shall be two or only one existing, or whether the said party hereto of the second part, or one of them only, or a new appointee, or two new appointees be acting, and whenever a vacancy shall exist, it shall be taken to mean the surviving trustee. In witness the said Company have in due form of law made and executed these presents by causing its common corporate seal to be hereto affixed and the same to be signed by its corporate seal by William Parks its President, duly authorized thereto, and the said Samuel L. Tilley and John Edgar Thomson, the parties hereto of the second part, have hereunto set their hands and seals as evidence of their ac- ceptance of the Trust herein created and granted to them. Signed, sealed, executed and delivered by the said William Parks, President of the European and North American Rail- way Company for extension from Saint John westward, in the presence of Charles N. Skinner, Secretary. WM. PAKKS, [Ls.] Signed, sealed, executed and delivered by Samuel L. Til- ley, within named, in presence of, and by John Edgar Thomson, within named, in presence of Henry C. Sparkman. J. EDGAR THOMSON, [l. s.] S. L. TILLEY, [L. s.] City of Saint John, in the Province of New Brunswick, in the Dominion of Canada : Be it remembered that on the fourteenth day of January, in the year of our Lord one thousand eight hundred and sixty-eight, before me, the Honorable Andrew Rainsford Wetmore, a Member of Her Majesty's Executive Council of 61 the Province of New Brunswick, perflonally came and ap- peared William Parks, the President of the European and North American Railway Company for extension from St. John westward, who acknowledged thut he signed, executed and put the seal of the said Company to the said foregoing Indenture as the Act and Deed of the said Company men- tioned in said Indenture for the uses and purposes therein contained, and delivered the same for said uses iind [lurposes. A. R. WETMORE. City of Saint John, in the Province of New Brunswick, in the Dominion of Canada : Be it remembered that on the thirteenth day of January, in the year of our Lord one thousand eight hundred and sixty-eight, before me, the Honorable Andrew Rainsford Wetmore, a Member of Her Majesty's Executive Council of the Province of New Brunswick, personally came and ap- peared the subscribing witness. Claries N. Skinner, to the foregoing indenture, who being by me duly sworn, he, the said Charles N. Skinner, did testify and swear that he was such subscribing witness, that he v/as and is the Secretary to the European and North American Railway Company for extension from Saint John westward, that he did see Wil- liam Parks, the President of the said Company, sign, exe- cute, and put the seal of the said Company to the said fore- going Indenture for the uses and purposes stated in said Indenture, that said seal is the seal of said Company, and the said Company is the one mentioned in said Indenture, and that said Indenture was by said President, for said Com- pany, delivered for said uses and purposes, in his, the said Charles N. Skinner's presence. A. R. WETMORE, M. E. C. City of Philadelphia, in the State of Pennsylvania, United States of America : Be it remembered that on the twenty-second day of Jan- uary, in the year of our Lord one thousand eight hundred 62 and sixty-eight, before me, Morton McMichae\ Mayor of the aaid City of Philadelphia, pcraonally came and appeared, John Edgar Thomson, named in the foregoing Indenture, who acknowledged that he signed, sealed, executed and de- livered the said foregoing Indenture, for the uses and pur- poses therein contained. In testimony whereof, I, Morton McMichael, Mayor of the said City of Philadelphia, have hereunto set my hand and affixed the official seal of the said city of Philadelphia, the day and year aforesaid, at the City aforesaid. MORTON McMICHAEL, [l. s.] Mayor of Philadelphia. City of Ottawa, in the Province of Ontario, in the Dominion of Canada : Be it remembered that on the fifth day of February, in the year of our Lord one thousand eight hundred and sixty- eight, before me, Henry J. O'Neil, Mayor of the said City of Ottawa, in the said Dominion, personally came and appeared the Honorable Samuel L. Tilley, C. B., mentioned in the foregoing Indenture, who acknowledged that he signed, sealed, executed, and delivered the said Indenture for the uses and purposes therein mentioned. In testimony whereof, I, the said Henry J. O'Neil, Mayor of the said City of Ottawa, have hereunto set my hand and affixed the official seal of the said City, the day and year aforesaid, at the City aforesaid. HENRY J. O'NEIL, [l. s.] Mayor of Ottawa. 68 BYE-LAWS Of the European and North American Railway Com- pany FOR EXTENSION FROM St. JoHN WESTWARD. Article 1. — The annual meeting of tlie stockholders shall be held in the City of Saint John on the third Wednesday in June, in each year, for the purpose of electing a Board of Directors, and transacting other business. Articled. — Directors. — No person eligible unless holder, bonajide, of forty shares, on which calls are paid, to be chosen by a majority of votes of shares represented at annual meet- ing. The first Board of Directors shall be chosen by a ma- jority of votes of parties incorporated by act of last session present at first meeting. Article 3. — The Board of Directors shall elect and appoint a President, Secretary, and such other officers, servants and agents as may be deemed necessary to carry out the business of the Company, and from time to time may rescind any of such appointments, and may make such other elections and appointments as. they may deem fit. Article 4-. — The term of office of the Board of Directors and President shall be from the date of respective appoint- ment until his or their successor or successors is or are chosen. Article 5. — The Board of Directors shall have the general management of the ordinary aftairs of the Company, not in- consistent with these Bye-Laws, subject, however, to any express instructions of the Stockholders, by vote at any law- ful meeting ; they shall also hav^e the power to fill during the interval of Stockholders' meeting, but for no longer period, any vacancies which may occur in their own body from time to time, by death, resignation or any other cause. They may appoint a President pro tern in case of the Presi- dent's absence or inability to perform the duties of his office, and in case of the death or resignation of either the Presi- dent, Secretary, or any other officer, servant or agent of the Company, the Board of Directors may fill any such office. 64 Article 6. — The President shall preside at all meetings of Stockholders and Directors, and shall have the general direc- tion and superintendence of the ordinary affairs of the Com- pany, subject to the rules and instructions of the Board of Directors. The President ^hall sign nil stock certificates and countersign all checks and drafts for money. The President shall call special meetings of Stockholders, when require i so to do, by any resolution carried at any meeting of the Board of Directors, or by any number of Stockliolders re- presenting at least one th'rd of the isisued stock of the Com- pany, and he shall cause notices of the time and place for holding such special meetings to be published in one or more of the newspapeis published in the City of St. John, at Ici'ot fourteen days prior to the date fixed for holding such meetings. Article 7. — The Diiectors at any meeting held by them may fix oi appoint the time and place of their future meet- ings, anu may at such or any other meetings, and from time to time alter or change the time and place of subsequent meetings, as they may deem expedient. Special meetings of Directors may be called by the President or by any two of the Board of Directors: notice of the time and place of such special meeting to be given by written or printed notices to each of tho directors present in Saint John, by personal service or by leaving the same at their iilace of residence or business, twenty-four hours previous to holding such meeting. Article 8. — The Secretary shall countersign all checks and drafts, also all certificates of stock. lie shall keep p record of the stock of the Company, and under the direction of the President, or, in case of his absence, then, for the time being, under that of at least two of the Directors: he shall keep the transfer book, and enter therein all such transfers of stock as shall first have been submitted to and approved by the said President, or in case of his abserce, to and by any two of the Directors as aforesaid. lie shall also keep u record of the proceedings of Stockholders' and Directors' 65 meetings, and give the notice of same as required, and shall perform all such other services and duties as usually appertain to his office in a corporate body. Article 9. — The annual and special meetings of Stock- holders may be adjourned from time to time till the purpose of the meeting shall have been accomplished. The Stockholders may, at any special meeting called for that i:)urpose, fill any vacancy in the Board of Directors which may exist at the time of such meeting. Should the President be absent from any meeting of the Stockholders, a Chairman may be chosen to preside over the same. Article 10. — Every person owning a share in the capital stock of the said Company shall be a member thereof and, except as hereinafter provided, shall be entitled to vote at all m.eetings of the said Company, and members may give as many votes as they own shares, and absent members may vote by proxy, such proxy being a Stockholder and author- ized in writing. No Shareholder shall be entitled to transfer or vote upon any share after any call shall have been made in respect thereof, until he or she shall have paid all calls for the time being du: on every share held by him, her, or them. Article 11. — No dividend shall be paid in respect of any share until all calls then due in respect to that or any other share, held by the person to whom such dividend may be payable, shall have been paid. Article 12 — The certificate of shares in this Company shall be in the form following, or to the like effect, namely : Certificate No. Share The E. and N. A. Railway Company for extension from St. John westward. Incorporated by Act of Assembbj. Capital $2,000,000. 40,000 Shares, ^60 each. This is to certify that of the is proprietor of Share, Number of the capital stock of the European and I-"' '7 V 66 North American Railway Company for extension from St. John westward, subject to assessment from ti.ne to time, until fifty dollars per share shall have been fully paid up thereon, subject also to the regulations and bye-laws of the said Company, the laws of the Province of New Brunswick and those in force within the same, and that the said share transferable by assignment endorsed hereon, record thereof being made by the Secretary in the transfer book of the Company, and on surrendering this certificate. In testimony whereof the President and Secretary have hereto signed their names and affixed the seal of the said Company at St. John, New Brunswick, this day of A. D. 18 President. Secretary. And the form of transfer may be indorsed on the certifi- cate of shares in form following : The E. & N. A. Railway Company for extension from St. John westward, for valut received, do hereby assign and transfer unto and assigns share of the said company within mentioned Numbers. Witness hand this day of in the year of our Lord Article 13. — In case of the loss of any certificate of stock, the Board of Directors upon receiving such evidence as shall be satisfactory to them, may make a new issue, having the word "duplicate" written thereon, requiring good and suf- ficient security or indemnity against the appearance of the original, and any claims or loss that might result from the same. Article J 4. — The Company shall have a common seal, to 67 be approved by the Board of Directors, and the seal shall be aflSxed to all certificates of stock issued by the same. Article 15. — The election of Directors, if not made on the day of the annual meeting, from any cause, it shall be law- ful to hold the said annual meeting and make such election at any time within a month thereafter, upon giving fourteen days notice of such further meeting. Article 16. — These Bye-Laws shall not be altered, amended or repealed, except at an annual meeting or at a special meeting of the Stockholders for that purpose duly called, and then only by a vote of three-fourths of the stock repre- sented at such meeting. [The following IJye-Law was added at a meeting of Stockholders held on the 2nd November, 1867 :] Article 17. — That at least twenty days notice of all calls upon the stockholders of this company for payment of any call made upon the subscribed stock to this company shall be given, by due notice thereof published for at least twenty days in some newspaper published in the city of St. John. I hereby certify that the foregoing is a true copy of the Bye-Law8 of the European and North American Railway Company for extension from Saint John westward. T. B. ROBINSON, Secretary, f^ ... fill wm Ma( ei o; t\ h \ mac rica Eur tens Con com Con road the] pan; the Mai fore and N thi3 twe€ of tl panj Con: Pro> Brui com Croi line the and said ning 69 AGREEMENT Made and entered into with the Euro})ean and North Am- erican Railway Company of Maine (with the guarantee of the International Railway Construction Company for the fulfilment of the same) the eighteenth day of Novem- ber, A. D. 1869. Whereas, under contracts and agreements heretofore made and existing between the European and North Ame- ricin Railway Company of the State of Maine and the European and North American Railway Company for Ex- tension from Saint John westward, the railroad of the latter Company has been in process of construction, nnd is partly completed ; and whereas the European and North American Company of Maine is engaged in constructing its rail- road from Bangor to the Saint Croix river, there to meet the line of the European and North American RailwP" Com- pany for Extension from Saint John westward ; and whereas the European and North American Railway Company of Maine have not been able, as yet, to finish its railroad, and for other reasons it has become desirable to extend the time, and otherwise modify and change said existing contracts : Now, therefore, this agreement, made and entered into this eighteenth day of November, A. D. 1869, by and be- tween the European and North American Hallway Company of the State of Maine (hereinafter called the Maine Com- pany), and the European and North American Railway Company for Extension from Saint John westward, of the Province of New Brunswick (hereinafter called the New Brunswick Company), Witnesseth, First. That upon the completion of the railroad of the Maine Company to the Saint Croix river, and a proper connexion there made with the line of railroad of the New Brunswick Company, and upon the completion of the bridge over the Saint John river, and the extension of said railroad from the west bank of 8aid river to the point of connection with the railroad run- ning from Saint John to Shediac, as hereinafter provided, K 70 R a full and final settlement shall be made between the said Companies, upon the following terms, namely : The New Brunswick Company shall pay to the Maine Company all the Government subsidy, amounting to eight hundred and eighty thousand dollars, or such further sum as can be ob- tained for said extension : also, the Stock of the said New Brunswick Company subscribed for by the city of Saint John, and individuals, to the amount of two hundred thou- sand dollars : also, the Stock of the said New Brunswick Company subscribed for by the Government of the Province of New Brunswick to the amount of three hundred thousand dollars, amo'inting in all to the sum of thirteen hundred and eighty thousand dollars, is to be paid in cash ; it being un- derstood, that all sums paid by the New Brunswick Com- pany for constructing its railroad, or for rolling stock, stations, or expenses incurred, as well as unpaid stock sub- scriptions already made, shall be reckoned, considered and received as cash by the Maine Company : the said New Brunswick Company are to do all in its power to collect the amount due on such subscriptions, and pay the same over to the said Maine Company. The New Brunswick Company shall also pay to the Maine Company, in the Stock of the said New Brunswick Com- pany, three hundred thousand dollars, the same being the amount subscribed for by certain persons known as the Associate Contractors, which Stock the said Maine Com- pany is to receive at its par value. Also, the Bonds of the said New Brunswick Company, amounting to four hundred and eleven thousand pounds sterling, equal to two million dollars; it being understood that the Bonds heretofore disposed of, and hereafter disposed of, are to be reckoned at par ; and to be considered as re- ceived by the Maine Company on account of the above issue. The above sums and amounts are to represent the entire cost of the railroad, fully equipped, from the city of Saint John to the boundary of Maine at the Saint Croix river, except as hereinafter provided. Second. The Maine Company will finish and complete Coi ing wic brid She Si oftl 71 he said le New )aiiy all red and I be ob- id New )f Saint 3d thou- iinswick :*rovince housand ired and eing un- ck Cora- g stock, ;ock sub- ered and aid New :)llect the mie over he Maine ck Com- |)eing the n as the ine Oom- >mpany, pounds nderstood disposed red as re- ove issue. :he entire ■f of Saint •oix river, complete the railroad between Bangor and the said Saint Croix river, on or before the first day of Noven^ber, A. D. 1871, and also the bridge over the Saint John river and said extension to the Shediac railroad at the same time, provided the promises and agreements hereinafter stipulated to be done and per- formed on behah of said New Brunswick Company are kept and fulfilled b} said Company. Third. The said Maine Company will provide and fur- nish equipment for the railroad of the New Brunswick Com- pany, as required by the Government Engineer, the amount now on said railroad being included therein, provided the cost thereof does not exceed the sum of two hundred and five thousand dollars. Fourth. The Maine Company shall, from time to time as they shall become due, pay the coupons upon the bonds of the New Brunswick Company which have been, or may from time to time be sold and disposed of by said New Brunswick Company. Fifth. That in order to hasten said work, and facilitate the finishing thereof, it is mutually agreed by the said Com- panies, that the Bonds of the New Brunswick Company now on hand and not sold and disposed of, shall be sold as soon as can conveniently be done, according to the provisions of the fifth section of the first supplementary contract between said Companies, dated June 2nd, A. D. 1866 ; and it is under- stood and agreed that the proceeds of such sales shall be applied — first, to settle with E. B. Burpee for any balance which may be due him under his contract for constructing and finishing the railroad of said New Brunswick Company, and for the payment of any expenses or liabilities which the said New Brunswick Company may have incurred in the prosecution of the work : second, towards providing and pay- ing for the equipment of the railroad of said New Bruns- wick Company: and third, to assist in building the bridge over the Saint John river and the extension to the Shediac railroad Sixth. That for the purpose of aiding in the construction of the bridffc over the Saint John river and the extension to w 72 if I m 1; the Shediao railroad, the New Brunswick Company agrees to apply to the Government for a subsidy in aid thereof, to the amount of two hundred and fifty thousand dollars, and to use all necessary and proper means to obtain the same, and obtain the same if possible, and if obtained, to pay the same from time to time towards the cost of such bridge and extension, as the work progresses ; and if, after due and proper exertion, such subsidy cannot be obtained, said New Brunswick Company shall apply to the said Government for a subscription by said Gov- ernment to the Stock of said New Brunswick Company to the amount of two hundred and fifty thousand dollars, the proceeds of which, if obtained, shall be paid towards the cost of said work as it progresses ; and if neither said subsidy or said stock subscription can be obtained of said Government, after due and proper exertion has been made therefor, said New Brunswick Company shall apply for authority to issue Bonds, secured by a mortgage upon said bridge and extension, and if obtained, shall issue and deliver to said Maine Company its bonds so secured, with interest warrants attached, payable semi-annually, to an amount equal to the whole cost of said bridge and extension, not to exceed six hundred thousand dollars, and the interest thereof is to be paid by the Maine Company in the same manner as herein provided for the bonds hereinbefore named : And if , the above provisions for securing the means to build said bridge and extension shall all fail, then said New Brunswick! Company shall issue to the Maine Company its stock to the, same amount as above provided in regard to the issue of its] bonds for that purpose. Seventh. That upon the completion of the railroad from] Bangor to the Saint Croix river, or sooner if said Compa- nies agree so to do, said Corporations of the Maine Com-j pany and the New Brunswick Company shall be consoli-j dated into one Company upon such terms and conditions as shall be mutually fair and equitable between them. Eighth. That until the settlement provided for in the first article in this agreement is made and finished, unless 73 otherwise agreed upon by said Companies, the raih'oad of the New Brunswick Company shall be run and operated by Egerton R. Burpee, with the equipment upon, and which may hereafter be put upon said railroad, as Trustee for both of said Companies, and he shall keep proper accounts of all receipts and expenditures in connection with said business; and he shall apply said receipts — first, to the pay- ment of the expenses incident thereto ; second, the net earn- ings shall be paid to the Maine Company to the extent of semi-annual interest warrants upon the bonds of said New Brunswick Company sold and disposed of; third, the bal- ance, if any, shall be paid to said New Brunswick Company. Any deficiency in the expenses occasioned by operating said railroad shall be paid by said Maine Company. Ninth. The present liabilities of the New Brunswick Company are to be paid from the subsidies remaining due and unpaid, or other means of said New Brunswick Com- pany; and if suflicient funds shall not be thus obtained for the payment of such liabilities, then said Maine Company shall, within three months from the date hereof, furnish an amount suflicient to pay said liabilities, not exceeding the sum of fifty thousand dollars, upon the bonds of said New Brunswick Company, to be delivered to said Maine Com- pany. Tentlu It is further understood and agreed, that this agreement shall be considered an alteration and modifica- jtion of all the existing contracts between said Companies in I regard to the constructing and finishing said line of railroad, ! 80 far as any of the provisions herein contained shall in any manner conflict with, or alter, or modify any of said con- I tracts. In Witness Whereof, the European and North American Railway Company has caused its name to be hereto subscribed by James W. Emery, duly authorized there- for, and the European and North American Railway Company for Extension from Saint John westward has 74 i caused its name to be liereto subscribed by William Parka, its President, the day and year first above writ- ten. . European and North American Railway Company^ by JAMES W. EMERY, Committee. European and North American Railway Company for Extension from Saint John Westward, by WILLIAM PARKS, President. Witnesn, T. B. ROBINSON. In c(nisideration of one dollar, paid to and received by the International Railway Construi '' mi and Transportation Company, said Company hereby ^ romises and agrees with the European and North American Railway Company fori Extension from St. John Westward, that the European andj North American Railway Company of Maine shall fulfil, keep and perform all the promises and agreements provided by the within agreement to be done, kept, and performed, by said last named Company. Dated this Eighteenth day of November, A. D. 1869. International Railicay Construction and Transportation Company, by B. E. SMITH, Trustee. At a meeting of the Directors of the European and North W\ American Railway Company, duly notified and holdcn at " the OiBice of said Company in Bangor, State of Maine, on the thirteenth day of November, A. D. 1869, at ten o'clock in the forenoon, a quorum of said Directors being present, H it was voted as follows : That whereas James W. Emery, Esquire, has this day been appointed a Committee on behalf of the European and North American Railway Company to make a settlement of i»»g, "i ] 'i 75 matters between said European and North American Rail- way Company and the European ajid North American Rail- way Company for Extension from Saint Jolin Westward, and to make such arrangements in regard tliereto as may bo deemed proper, and may be agreed upon; and also further empowered to execute, on behalf of the European and North American Railway Company, ail such instruments in writ- ing, or papers, as may be found necessary to carry into effect and complete any and all such settlements or arrange- (jl ments that may be made by him, under this authority, with the European and North American Railway Company for Extension from Saint John Westward, now therefore it is Voted, That until such settlement of all matters and things between said two Railway Companies shall be made and the other acts and things closed, as contemplated and pro- ||/| vided for in said vote, said Emery is hereby authorized to make all other arrangements relating to matters between said two Companies as may be deemed proper, and may be agreed upon, and to execute, on behalf of the European and North American Railway Company, all such contracts, or writings, or papers, as may be found necessary to carry into eftect each and all the arrangements that may be made. A true extract from the records of said European and North American Railway Company. Attest, NOAH WOODS, Clerk. SJ- -Tr^ir.*«'Tr».-'»«^ wTBT^fjTf^jfT r mm-tmMJi^e*^ j VW*SkM^^ ^0« AN »^^ ^^ -^. \ > >.»>^i N A>^ •■I ^ ^^^ _,^_, »—— U^»-*iOO - - '- ^Sl > \ :"^l r-Js^mJ-:^.. KJMlM-^:' J .iaJ-.JlH/ .-«*^*;'.Vi Table of Oradlen the Qrand Southern This gradient ,ton Branch Railway Chief Engine ji Railways. < STATION. TO FROM 2385.40 2378.30 2.S13.50 2295.30 2285.30 2274.30 2224.30 2216.30 2404.30 6.5.44 2385 2333 2311 2294 2284 2200 .,30 .30 .30 .30 2224. .- 30 75 79.20 72.23 70.22 79.20 79.20 74.00 Number. 8 4 1 3 15 6 2 2 1 ** ' 1 Jl :: 1 1 ;-.4 Table of Qradlents above 63 feet per Mile on the O-rand Southern Ballw^ This gradient of 62.80 per mile is the maximum grade adopted by Chief Eiigineer of the Canadian Pacific and Intercolonial for th^ Bail ways. STATION. FROM TO 2385.40 2378.30 2.S 13.50 2295.30 2285.30 2274.30 2224.30 2216.30 2210.30 2195 2171 2160.30 2128 2111 1964 1959.30 1909.30 1862 1851.30 2404.30 2385.30 2333.30 2311.30 2294.30 2284 2260 2224.30 2215.30 2205 2187.30 2160.30 2150 2125.30 196S 1963.30 1931 1883 186" GRADE. LENGTH, 182.5.30J 1850.50 1801 1774.30 1765.30 1755.30 1716 1608 1590 1556 1545 1776 1766.50 1757 1730..30 1681 1591 1685 1.551 1534 1516 1470 1400 1319.50 1309.50 1282 1261 1228 1160 1143 1135 1125.30 1093 1078 1030 986 950 939 873 858 T81 744 728 690 658 631 583 688 705 •(22 751 769 808 819 853 79.20 1525.60 79.20 55.44 feet per mile. 75 79.20 " " 72.23 " 70.22 " " 79!20 " 9.20 " " 74.00 " 74.00 " 79.20 " 60.72 68.64 " " 79.20 79.20 " " "9.20 " " 79.20 " 74.00 " " 79.20 " 2.33 " " 9.20 " 55.00 " 79.20 " 70.22 " 63.36 " 79.20 " 74.45 " ;73.92 " '73.92 ■' 1.504 1432 1331 1319 1292 1280 1259 1175..50 1149 1142 79.20 79.20 74.00 79.20 79.20 77.61 79.20 79.20 79.20 66.00 1133.50|72.33 1116 161.77 1091.50'66.,52 1076 992 963 947 884 872 7S1 759 735 701.50 669 639 604 700 710 726 769 779 812 824 930 9.20 79.20 79.20 77.08 67.05 74.00 68.(;4 79.20 60.19 79.20 62.30 59.13 9.20 74.44 79.20 66.00 77.61 54.91 59.80 08.(>4 79.20 1900 feet 700 " 1980 " 1600 " 900 " 970 " 3570 " 800 " 500 " 1000 " 1630 " 1000 " 2200 " 1430 " 400 " 400 " 2170 " 2100 " 1070 " 2520 " 2500 " 780 " 830 " 2500 " 3500 " 1700 " 500 " .500 " 1100 " 950 " 3400 " 3200 " 11.50 " 950 " 1000 " 1900 " 3100 " 15.50 " 600 " 700 " 800 " 2300 " 1350 " 4600 " 600 " 1300 " 800 " 1100 " 1400 " 1000 " 1500 " 700 " 1150 " 1100 " 800 " 2100 " 1200 " 500 " 400 " 1800 " 1000 " 400 " 500 " 7700 " STATION. FROM TO 930 941 1010 1044 1057 1088 1106 1145 1178 1200 1220 1255. 1289 1299 1313 1318.. 1337 1359 1397. 1422, 1438, 568 569 642 519 404 313, 254 228 220 168 153 143 135 96 87 22 4 12 50 60 (Jarried fonmrd, - 131770 feet.' 6/. V6. 124. 362 403 458 473. 596 650 14.50 1.501 1511 1534 1543 1.584 1601 1614 1662 1682 1700 1716 1754 GRADE. Brought fnivard, 50 940 968 1020 1047 1060 1097.50 1125 1175 1190 1211 1228 1270.50 1295 1310 1318.60 1323.60 1357.60 1374 1406.50 1434..50 1446 .576 56.'i 54i' 528 415 352 262 245.50 228 204 166 160 143 108 90 33 IS 9.50 26 75.50 93 133.50 3()9.50 410 472 482 620 658 1475 1.511 1525 1.543 1568 1596 1606 1626.50 1679 1696 1710 17.53 1763 v6,50 feet per 79.20 " 9.20 " 0.22 " 70.22 " .58.60 " 79.20 " 75.20 " 74.97 " 62.30 " 59.13 " 63.36 " 73.39 " 76.03 " 67.05 60.72 " 79.20 " 79.20 " 72.33 " 79.20 71.28 '' 59.13 " 67.58 79.20 76.03 57.02 " 79.20 " 74.44 " 75..50 " 66.00 79.20 " 74.44 64.41 " 78.14 " 74.97 " 70.22 " 79.20 " 79.20 74.97 " 79.20 '• 79.20 •' 73.92 60.19 73.92 71.«0 75.,50 74.44 79.20 '• 79.20 " 71.80 " 3.92 " 79.20 " 58.08 " 62.30 " 64.94 " 63.36 71.28 71.28 " 79.20 " 79.20 " 79.20 70.22 " Total, mile LENGi 131770 < 1000 2700 1000 300 300 960 2000 3000 1200 1100 800 1500 600 1100 550 600 2000 1600 ' 800 ' 1200 ' 760 ' 800 700 700 900 1100 3850 800 1750 800 3000 IHOO 700 800 1200 300 " 1100 " 1400 " 960 " 1400 " 800 " 16-50 " 920 " 7.50 " 700 " 1400 " 850 " 2400 " 800 " 2500 " 1000 " 1400 " 900 " : 2500 " . 1200 " 500 " , 12.50 " 1700 " I 1400 " I 1000 " i 3700 " I 900 " 176570 fe Equal to 33.44 miles, or about 41 45 per cent. From 53 feet per mile to 70 feet per mile, - From 70 feet per mile to SO feet per mile, - 1 (}.80 miles. ^S.o.') miles. Of the maximum grade adopted on the (trund Southeiii Kaihvjiv 79 20 feet pt mile or 1 J feet per huiidrtid, there are 17.06 miles. The maximum grade on the Saint John and Maine is 60 feet per mile for aboi iialf a mile. S-rand Southern Railway, im grade a^lopted by the I Intercolonial for these GRADE. Brought ftrward, 75.50 feet pef mile. 79.20 " , " 9.20 " i •' 0.22 " " 70.22 " " 58.60 " i 79.20 " 1 ' 76.20 " " 74.97 " " 62.30 " « 59.13 " " 63.36 " " 73.39 " " 76.03 " " 67.05 " " 60.72 " " 79.20 " " 79.20 " " 72.33 " " 79.20 " " 71,28 " 59.13 " " 67.58 79.20 " » 76.03 " " 57.02 " " 9.20 " 4.44 •' " 75..50 " " (»6.00 " " 79.20 74.44 " " 64.41 " " 78.14 " 74.97 70.22 9.20 '• " 9.20 " " 4.97 9.20 '• 9.20 •' 3.92 1)0.1!) "3.92 \.X0 " " ■5.,5() •4,44 9.20 '• " I •9.20 .80 " 3.92 JO " i8.08 12.30 " 4.94 " 3.36 .28 1.28 9.20 " 9.20 9.20 " " ^2 " ** Total, LENGTH. 131770 feet 1000 " 2700 " 1000 " 300 " 300 " 950 " 2000 " 3000 " 1200 " 1100 " 800 " 1500 " 600 " 1100 " 550 " 500 " 2000 " 1500 " 800 " 1200 " 750 " 800 " 700 " 700 " 900 " 1100 " 3850 " 800 " 17.50 " 800 " 3000 " IHOO " 700 " 800 " 1200 " 300 " 1100 " 1400 " 950 " 1400 " 800 " 1650 " 920 " 750 " 700 " 1400 " 850 " 2400 " 800 " 2500 " 1000 " 1400 " 900 " 2500 " 1200 " 500 " 1250 " 1700 " 1400 " 1000 " 3700 " 900 " Summary of Struottires on the Grand Southern Railway between the Oarleton Branch Railway and the Saint Stephen Railway. Structures. Open Culverts, do do do do do do do do do do Bridges, do do do do do do do do Bridge, Draw Bridge, Pile Bridge, Trestle Bridges 'Without stated dimensions,! Dimensions. 3 feet opening, 4 " " n " •) do o " 2 " 36 do 2 " 2J " 6 do 2 " 3 " 6 do n " 2J •• 15 do 3 " 4 " 1 do 3 '^ L " 8 do 4 " 2i " 3 176570 feet.h I Note. — The dimeiiHions stated refer to the size of the opening of the Culverts. The lengths are not given and will depend, in cacli case, upon the height of the embanknieuts under whicli they are placed. o.HO miles. •l^.'^ty miles. II Kailwity 79 20 feet per [)0 feet per mile for about 5 ■^^"■iilipwi %'f^ J. MURRAY KAY, Esq., Manager St. John and Maine Railicky, St. John, JV- B. Sib — Having, by your direction, gon« over tlie line of the Grand SouthrenRailv This Railway, as you are aware, extends from the Carleton Branch Railway, about Stephen's Railway, about three quarters of a mile from the Town of St. Stephen, on Village of St. George, it follows closely the coast line of the Province of New Brunsi waters of the Bay of Fundy. This distance is about 46 miles, and the country, for touches the small «'illage of Musquash, where there are two Saw Mills, which, durii communication with the adjacent Port of St. John. From St. George to St. Stephe which would use the Railway is very limited. The milling establishments along th St. George, are nearer the mouths of the small streams on which they are located t fore, to use their natural facilities rather than transportation by Railway. No Iruffi the vicinity of St. George are the well known deposits of Red Granite, which are bei panics. The market for this stone, however, in the Maritime Provinces, is very lim United States will naturally seek water transportation, for which the facilities are go In treating upon the work done upon the Railway, it will be necessary to I were intended for a gauge of three feet six inches, and that it is now the intention t( feet eight and a half inches. In my remarks with reference to the Grand Southren Railway, I shall re grading, embracing cuttings and embankments, its masonry, the superstructure for o for track-hiying. The alignment embraces an unusual number of sharp curves. There are o in one instance at least, if not more, a ten degree curve; these sharp curves occuring There is an unusually, and I may add, an unnecessarily large proportion < road expensive to operate, and when considered in connection with the sharp curvtt •A statement marked "A," of all grades over fifty-three feet to the mile, from which it v the entire Railway. Of these heavy grades 6 4-5 miles are between 53 feet to tiie m 26J miles is over 70 feet to the mile, and of these twentj'-six and a half miles no le maximum grade of 79 1-5 feet per mile. As in some instances these heavy grades a) it will be seen at what cost the road will be operated, if it should be completed, It and do not favor the traffic probable on the road. I found the grading unexpectedly deficient. With few exceptions tlie li narrow gauge railway. Many of the longer ones have never been finished, while ( down and along them. In some cases, large portions of embankment have been cai of the embai.kments which I measured were scant seven feet six inches in width, a that they will require a large amount of material deposited upon them, before it wi absence of catchwater and side ditches has permitted the surlace water to flow into away portions of the adjacent embankments. The Rock Cuttings are almost universally narrow. I measured some tha over fourteen. Some of these were on very sharp curves which they rendered dan niaterinliy widened before the track can be laid through them. In some places wh stunted furze bushes still standing, and in some other places, notably for some distai A very large sum of money will be required, in my judgment, to complete the grad and a half inch gauge. The masonry of the smaller structures such as Box Culverts an( and unsubstantial. Some of the structures which I saw had already fallen in, and J require to be rebuilt before they v/ould be serviceable. I saw some abutments of 1 nine to eleven feet high above the water line, and on top only six feet wide. Tl larger structures were built in cement, but I could not tell whether there was a full however, where the cement had been entirely washed out, leaving joints from half ; None of the superstructures had been attempted for either the smaller stringers and bed plates had been delivered but they were intended for the narrow far as I could ascertain there was no material for any superstructure of ten feet sp these there were only some half dozen pieces. I have appended a list of open culve deposited in Government offices, to »how tha number and length of superstructures be of the Howe Truss pattern. I have also appended a list of Box Culverts marked " C " taken from the ground, however, while others have been added. Some of these on the list have required. Preparations have been made for track laying by the delivery of a considi greater number of these, however, have been delivered on the line for two years an for the narrow gauge, they are only seven feet long, and it is, therefore, doubtful widened gauge. A limited quantity of wood is also being delivered along the line, material importance. In addition to those who were delivering ties and cordwood by contrnct, I engaged in eartli excavation, as many in quarrying stone, and four men at work bi Brook. Concluding these general remarks I may say, that while the traffic of the character, the work already done is fur from being of such a diiinu'ter or nmount a t am. Sir, yotirs very trii St. John N. B., 18th MarcJi, 1880. Maine Railutty, 3. the Grand Soiithren Railway, I have now to report the resnlt. of my inspection, on Branch Railway, jbout a mile and a half from the City of St. John to the St, he Town of St. Stephen, on the St. Croix River. From St. John, westward to the he Province of New Brunswick, being no where more than a few miles from the miles, and the country, for almost the entire distance is sparsely settled, and only wo Saw Mills, which, during the entire time they can be operated, have water 11 St. George to 8i. Stephen the country is somewhat better, but the population ing establishments along the line of Railway, other than those at Musquash and )n which they are located than the Railway location, and would continue, there- ion by Railway. No traffic could therefore be expected from this source. In Red Granite, which are being worked to some extent by some three or four Com- time Provinces, is very limited, and the production for western markets in the r which the facilities are good, and freights cheap. ny, it will be necessary to bear in mind that the present grading and masonry at it is now the intention to make the gauge the standard American one, of four )Uthren Railway, I shall refer in their order to its alignment, its gradients, the iry, the superstructure for open culverts and bridges, and finally the preparations sharp curves. There are on the trunk line a number of eight degree curves, and these sharp curves occuring on some of the heaviest and steepest grades, jcessarily large proportion of steep grades. These must, of themselves, make the K^tion with the sharp ciirvtu, must largely increase the expense. I have appended to the mile, from which it will be seen that they embrace no less 41 4-5 per cent, of re between 53 feet to the mile and 70 feet to the mile, while the large number of -six and a half miles no less than seventeen miles or 25} per cent, are of the ances these heavy grades are from three quarters of a mile to two miles in length, t should be completed. It may be added that these grades are in both directions Vith few exceptions the larger embankments were low an. narrow, even for a lever been finished, while others have been materially injured by water pouring embankment have been carried away by freshets in the adjacent streams. Some feet six inches in width, and had become so rounded by constant wearing away ted upon them, before it will be safe to lay track upon them. The almost entire •■ surlace water to flow into the cuttings, materially damaging them, and carrying ow. I measured some that were little over ten feet, and very rarely were they I which they rendered dangerously " blind." Most of them will require to be them. In some places where the grading was considered completed I found the ces, notably for some distance east of New River, no grading had been attempted. jment, to complete the grading and tit it for a permanent track of four feet eight ch as Box (^ulverts and Beam Culverts, of narrow opening, was flimsy lad already fallen in, and 1 was told of others, which I could not see, that would I saw some abutments of bridges of fifteen or sixteen feet span which were from op only six feet wide. These were laid dry and by no means substantial. The ;11 whether there was a full bed or merely a "lipping." I saw several instances, :, leaving Joints from half an inch to an inch and a half in thickness. ;d for either the smaller or larger structures. For many of the open culverts re intended for the narrow gauge, a^ were also the framed cattle guards. But so iperstructure of ten feet span and upwards, save in two instances, and in one of pended a list of open culverts and Bridges marked " B" taken from official plans, length of superstructures that will be required. The bridge superstructure is to arked ''C" taken froiri the same source. There have been some changes on the ; of these on the list have yet to be bnilt in places where they are absolutely ly the ilelivery of a considerable number of sleepers or ties along the line. The II the line for two years and are now being distributed. Having been intended 1 it is, therefore, doubtful if the Contractor will be allowed to use them for the g delivered along tiie line, but as it is of the softer and cheaper kinds, it is of no id cordwood by contnict, i found at work along the line some six or seven men I, and four men at work building the masonry of a bridge abutment at Clarence hat while the traffic of the Grand Southern Railway must be of the most limited ■h u ( hnracter or amount ae would justify investment upon the strength of it. I am, Sir, yours very truly, S.PARKER TUCK, < E.