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Mapa, plataa, charts, ate., may ba filmad at diffarant reduction ratioa. Thoaa too larga to ba antiraly included in one expoaura are filmed beginning in the upper left hand comer, left to right and top to bottom, aa many framea aa required. The following diagrama illuatrata the method: l.ee cartee, planchea, tableaux, etc., peuvent Atre fiimAe A dea taux da rMucdon diff Grants. LAraque la document est trop grand pour itre reproduit en un soul clicliA, il est film* i partir da I'angle supArieur gauche, de gauche A droita, et de haut en bee, en prenant la nombra d'imagee nAcessaire. Les diagrammea suivants illuatrent la mithoda. t 2 3 1 2 3 4 i 6 >^ .» ^ \ / FUETHER CORRESPONDENCE BBLAtlTK TO TO! , PROJECTED RAILWAY ¥. .» VIOK "I HALIFAX TO QUEBEC. ■ij K..'^«i»i'- «ilj;;"> {hi ClOfnimtalAon of Papers presented by Command of Her ■tf&-^\ •: v-i^- ;.■ ■'• "■■'''■"1^-,'i ;'•;>" ';]. fnsnttli to bttii Imun of |$iitlioimt Iq Camnio^ of Stt 3Stojtib|. June 16, 1851. v;:*-' .■■^•i*m^v^' i« n .; .,... ,*.' .-■ .Kf ;. • .: : ^(:^vI? LONDON: PRINTED BT WILLIAM CLOWES AND SONS. STAUFOBD STREET rOR HIR MAnSTrs 8TATI0NBRY OmCI. 1851. K. ^. w '^ ZJi lO'^ \ I I SCHEDULE. CANADA. • DESPATCH FROM THE RIGHT HON. THE EARL OF ELGIN. Number „'? DitondNambcr. Serici* | SUBJECT. Pag.. 1 May 8, 1851 1(64^ .=--"-i: — -:-; ; . — i-- — i — ^^^. — r-.-_ TranMnitting Copy of n Commiiniciition addreised to the Lit'Ut.-Governora of Nova Scotia anm you at what time I may expect the deputation from your Council to reach Toronto. I have, &c., (Signed) Elgin and Kincardine. rr. (Sir John Harvey. ^"iSirE. Head. Enclosure 2 in No. 1. Copy of Minute of Council, dated 24th April, 1851. On the Despatch of Earl Grey to your Excellency, dated 14th Marcli last, No. 569. stating that Her Majesty's Government are prepared, on certain conditions, to recommend to Parliament that imperial credit should be employed to enable tiie provinces of Canada, New Brunswick, and Nova Scotia to raise, upon advantageous terms, the funds necessary ibr the construction of the Halifax and Quebec Railway, the Committee of Council are respectfully of oipinion that the suggestion of Earl Grey, that " a deputation from the Executive Councils of the two lower jirovinces should proceed to the seat of Government in Canada, in ordtr to confer * Page il of Paper* referriiiK to the Halifax and Quebec Railway, pretenled to both Houses of Parlia- ment b) Cummaiid, April 8, ISJi. B2 ^ CANADA.' No. 1. Encl. 1 in No. 1. April 24. 1 Ml. No. 569, Mnrth 14, 18S1. Encl. 3 in No. I. CANADA. 4 FURTHEK CORRESPONDENCE RELATIVE TO THE ifir^ihth^'Sirfin*"'" Cou,«il for the p„«ow of coming to «,m. agreement on ihi. m- tj-.w; jf'^'H A**, r-l|7'H.*';;^ ij'^'i-;;- PROJECTED RAILWAY FROM HALIFAX TO QUEBEC. 6 ^■¥: fi» M'- ';« '«^^' "h t'i 'irl •* i ' ,1 ' -''- ' ''lit /r.,Hi'i.l\>i ifi i' :;.. '1 NEW BRUNSWICK. Despatches from Lieutenant-Governor Sir Edmund He&d. FURTHER CORRESPONDENCE RELAHVE TO THE BRUMSWICK. (No. 15.) No. 1. No. I. Copy of a DESPATCH from Lietit.-Govcrnor Sir Edmund Hbad to Earl Grey. lit EncliMure, Murohai, IHil. iind Encloiurr, April }, ibii. My LoRn, Government House, Fredericton, New Brunswick, April 6, 1851. (Received Miy 13, 18M.) . (AnsweredNo. a50,May22, 18&l,|)«ge28.) I HAD the honour of receiving your Lordship's Desiwtch of the 1 4th March, No. 248,* with its enclosures, relating to the Halifax and Quebec Railway. I lost no time in laying these important pn])ers before the Legislature with a message, of which n copy is enclosed. The result has been the consideration of the subject by the Assembly, and the adoption of certain resolutions, of which a copy is annexed to this Despatcti. I deeply regret to say, that the House of Assembly altogether reject the offer of Her Miyesty's Government, and refuse to undertake, on the projiosed terms, the construction of that portion of the line which runs through this colony. At the same time, they distinctly reaffirm the offers of land and money made by the Legislatures of 1849 and 1850. Wliethcr this offer may, at any time hereafter, be sufficient to induce capitalists to undertake such a work, it is not for me to conjecture. I regret this decision, inasmuch as the proposition of Her Mjyesty's Government would have insured the outlay in this province of a very large sum raised at a rate of interest utterly unknown on this side of the Atlantic. Reckoning ten miles on each side of the road, it promised, moreover, to o])en . for sale and settlement upwards of 2,000,000 acres of ungranted land belonging to the Government of this colony, the value of which would necessarily be greatly enhanced by the construction of such a railroad. I do not in any way undervalue the importance of the proposed line to Port- land, but its successful prosecution must, like that of the Quebec line, depend in part on the government of Nova Scotia, and the completion of that jMirt would be secured at the cheapest rate by the Halifax and Quebec line. For these reasons then, my own opinion (irresj)ective of my Executive Council) decidedly is, that the Legislature of New Brunswick would have acted wisely in accepting the general terms offered l)y Her Majesty's Govern- ment. I trust sincerely that the course of events may be such as not to expose us hereafter to the rej)roach of having impeded our own progress, and retarded the general prosperity of tlie whole British North America. I shall communicate a copy of the resolutions of the House of Assembly to his Excellency tlie Governor General of Canada, and his Excellency the Lieut.- Govenior of Nova Scotia. It is obvious that no further step can at present be taken with advantage on my part in ncgociating with the governments of these two colonics. i have, &c.. The Right Hon. Earl Grey, fSignini) EDMUND HEAD. &c. &c. &c. Enct. 1 in No. I. Eiiclosiiru 1 in No. 1. New Brunswick. Mrssaok to tlio House of Assembly, March 31, 1851. (Signed) Edmund Head. The Lieut. -Governor lays before the House of Assembly b copy of a Despatch with its Enclosures, whicli he received on the 29tli instant from Her Mnjesiy's Secretary of Sts'e Hi) Excellency is anxious that these papers should receive the earnest and immediate consideration of the House, as be feels satisfied that no communication involving consequences moru important to the province can be submitted tu its Legislature. (Signed) E. H. * Page 96 of Papers relative to " The Civil Lilt and Military E\) ^nditure in Canada, and to the projected Kailway Trom Halifax to Quebec;" presented to both lluuses of I'nrliament by Commaml, April H, 1851. Grey. ick, 14tli •uebec with a y, and ) this reject II the rough d and may, uch a jcsty's large antic. o|)en nging ily be Port- jpend ; IMirt •utivc have vern- xpose irded )ly to lieut.- nt ]}c these D. PUOJBCTED RAILWAY FROM HALIFAX TO QUEBEC. 7 Enelotur* 2 in N* 1. Home of AsMinbly, New Brunswick, April 5, 1851. Whfrkak till* altenlion o( this IIouw hai been railed, by a menage of his Kxrcllenoy the Lietit.-GoTeriior, lo a Despatch fmm the Right Hon. Earl Grej, Her Majesty's Principal Secretary of Slate fur the Colnnies, with several ducuments accompanying ttio same, relative to 'he railway lormerly proposed between Hulirax and Qiit^bec, upon which it is desirible that the immediate action of this hoiiwe should be taken; — iherefoie, Rasoh-ed, That this House fnlfy responds to the sentiments and opinions exprcNed b} Earl Orvy in his Despatch lo Tjord Elgin, uated 14th March, 1H5I : — " That the constnietien of a lailway from Halifax to Quebec is calculatml greatly to advance the commercial and political interesia, both of the British provinces of North America and of the mother country ;" and " that the time has at length arrived when this great national enierpriie may be undertaken i" but they learn with regret, that in a work now umitted lo be of " such great importance to the British empire," Her Mujmty's Government is not prepared to contribute any portion of the funds necessary for its construction ; and should, as a condition precedent to the imperial guarantee, require these colonies to pledge their whole available revenues to build the same at uieir own expense. Resolved, That while this house will adiiere with strict fidelity to the pledges given to Her Majesty by the joint adect or more immediate remuneration, would hold out greater inducements to capitalists to embark therein ; and that, in accordance with the almost unanimous wishes of the people of this province, as expressed by overwhelming majorities in both Houses of the Legislature, the public credit has been pledged to the sum o( 300,000/. sterling, for the building of the European and North American Railway, and the Saint Andrews and Quebec Railway, within this provina'. And this House cannot adopt the plan suggested in the corres|)on(l«nce between the Hon. Mr. Howe and the Right Hon. Earl Grey, accompanying his Excellency's mes!atch ary of Ddiate leiices H. ejected iSl. (No. 18.) No. 2. Copy of a DESPATCH from Lieut.-Governor Sir Ed.mund Head to Earl Grey. Government House, Frcdericton, Nt v Brunswick. April 7, 1851. (Received May 13, 1851.) My Lord, (Answered No. 259, May 22, 1851, page 28.) I have tlie honour to enclose a joint address of the two brandies of the Legislature of this Colony, with reference to the Halifax and Quebec Hallway, which I have to request your Lordship to lay at the loot of the Throne. I have, &c. (Signed) EDMUND HEAD. The Right Hon. Earl Grey, &c. &c. &c. No. 2. ■-* NRW BHUN8\riCK. Km), t in No. y. 8 FUR'niER CORRESPONDENCE RELATIVE TO THE fcncloMire I in No. 3. To TiiK QuKiN'a Most Excrllknt Majbitt, The humble Addreit or Your MaJMt^'t L«xi«lutivo Council and Houm of AiMmbly of the ProviiMworNew Brunmick. May it flkask Your Majkitt-t Your Maje«ty'< moil faithful lubjecU, the LegUlatire Council and Ataembly of New Bninawick, bey leave most humbly to approach Your Majesty with sentiments of unaltered attachment to Your Majesty's Person. The Council and Assembly bavins taken into consideration the Despatch of the Right Hon. the Secretary of State for the Colonies, dated the 14th of Mardi lant, relative to the proposed railway from Halifax to Quebec or Montreal, have agrwxHl to the accompanying Joint Resolu- tions, as expressing their opiniona and views on this very important subject, and which they humbly pray may be graciously and favourably considered by Your Majesty. WiLUAM DtACK. President of the Legislative Council, Charlks SiMONDi, Speaker of the Assembly. EncI SiaNo. 1. *.Mf Enclosure 2 in No. 2. House of Assembly, Saturday, April 5, 1851. Whrrkas the attention of this House has been called by a mpS9'-.;,p of His Kxcellcncy the Lieutenant-Governor, to a despatch from the Right Honourable Earl Grev, Hrr Majesty's Secretary of State for the Colonies, with several documents accompanying tho sume, relative to the railway formerly proposed bqtwcen Halifax and Quebec, upon which it is dcsirablo that the immediate action of this House should be taken. Therefore resolved, that this House fully responds to the sentiments and opinions expressed by Earl Grey in his despatch to Lord Elgin, dated 14th March, 18S1, "that tho construction of a railway from Halifax to Quebec, is calculated frreatly to advance the commercial and political interests both of the British Provinces of North America and of the Mother Country," and " that the time has at length arrived when this great national enterprise may be undertaken;** but they learn with ri'^ret, that in a work now admitted to be of "such great importance to the British Empire," Her Majesty's Government is not prepared to contrmiite any portion of the funds necemary for its conittruciion, and should, as a condition precedent to the Im|)erial guarantee, require these Colonics to pledge their whole available revenues to build the same nt their own expense. Resolved, That while this House will adhere with strict fidelity to the nlodges given to Her Majesty by tho joint Address of the HouMes of Legislature uf tnis province in the Session of 1849, and the Address of the House of Assembly in the Session of 1850, guaranteeing to Her Majesty, for the purposes of the railroad from Halifax to Quebec, " all the uiigranted lands through which the said road might pass, to the extent of ten miles on each aide, to be disposed of in such manner as may be deemed most advisable to Her Majesty's Government, and to secure at the expense of the province a sufficient breadth of way ancf the necessary stations, o\'er and upon private property for the use of the said rond, and to charge upon tlie general revenue of the province, a sum not exceeding '20,000/. currency per annum, towards paying tho interest upon the capital invested in the said rood, to be paid yearly from and after the completion of the said road, and while the same is kept in operation, and to he continued for a term not exceeding twenty years :" they desire distinctly to state, that iha refusal by Her Majesty's Govurnnient, as conveyed in the several deapatches of the Right Hon. Karl Grey, bearing date the 5th of April, lH4U, and the 19th of .June, 1850, to undertake that great national work under the pledges made towards the same by Canada, New Brunswick, and Nova Scotia, induced the (>cople of this province to turn their attention to the accomplishmHiit of undertakings which it would be in their power to carry out, and which from their prospect of more immediate remuneration would hold out greater inducement to capitalists to embark therein, and that in accordance with the almost unanimous wishes of the people of this province, as expressed by overwhelming majorities in both Houses of the Legislature, the public credit has been pledged to the sum of 300,000/. sterling, for the building of the European and North American railway, and the St. Andrews and Quebec railway within this province; and this House cannot adopt the plan suggested in the correspondence between the Honourable Mr. Howe and the Right Honourable Larl Grey, accompanying His Excellency's Message, and is not prepared to pledge the public crtxlit or the future resources of ttie province further than as set forth in the address before mentioned, towards building the great trunk lino from Halifax to Quebec. Resolved, That this House would view witli unqualified disapprobation any scheme whereby convicts should be introduced into this province, either for labour or otherwise. Resolved, That in the opinion of this House, the Executive Government of this province should, without delay, make urgent application to Her Majesty's Government for the Royal Assent to the Acts passed at the present Sesaion of the Legislature, to facilitate the construc- tion of the European and North American, and the Saint Andrews and Quebec railways respectively. 7757 PROJECTED RAILWAY FROM HALIFAX TO QUEBEC. 9 Re«olvrd. That the LegiiUlive Council be raquiited to Join in an AddreM to Her Majesty, founded u|H>n the foregoing ReHolutioiM. ' * CuAKLBi P. WiTMORK, Clerk. NEW BRUNSWICK. Lfgiilativo Council Chamber, Saturday, April S, 1831. Resolved, T*iat this House doth agree to Join the Assembly in the proposed joint Address to Her Majeity, relative to the proposed railway Trom Halifax to Quebec. W. BoTsroRD, Clerk. (No. 16.) No. 3. No. 3. Copy of a DESPATCH from Lieut-Governor Sir Edmund Head to Earl Gret. Government House, Fredericton, New Brunswick, April 7. 1851. (Received May 13, 1851.) My Lord, (Answered, No. 369, June \2, 18&1, page 88.) I HAVE the honour to enclose certiRed copies of three Acts of the ^^______ Provincial Legislature. The first is an Act, entitled "An Act to incorporate the European and North American Railway Com])any,"* and is passed without a suspending clause, * Page 13. but does not come into force until the 1st of June. The second is entitled " An Act to facilitate the construction of the Euro- pean and North American Railway ,"f and has a suspending clause.^ t infri. The third is entitled " An Act to facilitate the construction of a Railway from St Andrew's to Quebec," and like the second, dc not come in force until Her Most Gracious Mi^esty's pleasure be signifi< i P*B« '•• I have very little to remark on these Acts, except ,iat the undertakings to which they relate are of grent importonce, and the .gislature of this Province are desirous that they should be laid before Her ]\ii\je8ty as soon as may be. The Right Hon. Earl Grey, &c. &c. &c. I have, &C.S (Signed) EDMUND HEAD. Enclosure 1 in No. 3. Anno Dkcimo Quarto Victoria REoiNiS. (Suspending Clause.) An Act to facilitate the construction of the European and North American Railway. (No. 2062.) Passed March 28, 1851. Be it enacted by the Lieutenant-Governor, Legislative Council, and Assembly : — I. When the shareholders of the European and North American Railway Company shall pay in to their Treasurer at least the sum of Ten thousand pounds sterling, and it shall be satisfactorily proved to the Lieutenant-Governor in Council that such sum has been actually paid in and is ready to be expended in the construction within this province of the European and North American Railway, the Province Treasurer shall be authorized by the Lieutenant- Governor in Council to subscribe on behalf of the province for shares in the said Company to the like amount, and in payment therefor to deliver to the said Company special certificates of debt, to be called debentures, bearing interest at a rate not exceeding six per cent, per annum, the principal money redeemable in thirty years, and so from time to time, when it shall be satisfactorily proved to the Lieutenant-Governor in Council that the sums theretofore subscribed and paid m by tlie shareholders of the said Company, and the proceeds of the debentures previously delivereil, have been expended in the construction of the said railway, and that a further sum of at least Ten thousand pounds sterling has been actually paid in by the shareholders, and is ready to be expended in like manner, the Province Treasurer shall bie again authorized to subscribe' on behalf of the province for shares in the iaid Company to an equal amount with the sum so paid in and ready to be expended, and also lo pay in full for such shares by a further delivery of debentures : Provided always that the amount of shares in the said Company lubecribed and paid for by the Province Treasurer in any one year shall End. I in No. 3. Whm the thanhuMcn psjr to their imaum ten thouund poiinde •terlingittock to a like •mount to be taken bf the Ptorince, and debentum UeliTeted to the Company for the amount. On Airtber payments ' often tboueand pound by the •haieholden, the like additional amount! ofilock to h« taken. , Limit. } A further Act will be found printed at psg« S8. imm 10 FURTHER CORRESPONDENCE RELATIVE TO THE NRW DHUNSW:CK. Form, numbcn awl ttnounU of dfbcnturci. Inlmtt lo be raid half ycurly in London, N«w Vurk, or Saint John, Dchtnturn to h« nilMmed in thir* ' yfan. Certiflcatn of iham tu be held a> public properly, but no con- "^rol to be exerciied or interest received. Two Direeton may b« aniwinted by tlie Le- gitlative Council and Anembly. Application of divi- dends, and diipoial of iharet. Faith, credit, and re- venues of tlie province pledged for the interest and principal of de- beuturei. Act may b« alterea. Suijieiidiug clauK. not exceed One hundred thousand pounds sterling, and in the whole shall not exceed Two hundred and (ifly thousand potinds sterling, II. The debentures shall be in the fomi in the Schedule annexed, they shall be sizned and sealed by the Lieutenant-Governor, and countersigned by the Provincial Treasurer, they shall be numbered runseoutively, beginning with No. 1, and shall be isstied fur such sums from One hundred pounds to One thousand pounds sterling, as may bo deemed expedient ; the interest tliereon shall be paid half-yearly, either in London, New York, or Saint John, at the option of the holders, who stiall give to the Provincial Treasurer six months' notice in writing, at nhich of the places named Tie wbhea to receive interest on the debentures he holds : Provided ^ways, that whenever such interest is paid at New York, it shall be paid at the rate of Four dollars and eighty cents for thti pound sterling, and when at St. Johii, at the rate of Twenty- four shillings currency for the pound sterling. III. The principal money of such debentures shall be paid in full at the end of thirty years to the tlien holders thereof at the same places, and on the like terms as the intereit is madv payable. IV. The Certificates of shares in the European and North American Railway Company, to be from time to time delivered by the caid Company to the Provincial Treasurer, shall be held by him for and on behalf of the province as public property, and while such shares are so held, no vote thervince on sudi shares, in consideration of their having boen paid for in full at the time of subscription. V. Tile dividends arising from shares in the said Company held by the Provincial Trea- surer, shall be applied towards the payment of interest on the said debentures, and at the expiration of thirty years, when such debentures become payable, the said shares not before disposed of shall be sold and disposed of, and the proceeds applied towards the payment of the same; and the faith and credit of this province, and the orainarv revenues thereof, and the amount or proceetis of any special impost which may hereafter be levied and collected for the purpose of payinr Majesty's Royal approbation thereof be first had and declared. Form of Debentures, SCHEDULE. Dritisii North America. Six per Cent Stock of the Province of New Brunswick. 'No. . Certificate for £ Sterling. Tni3 Is tu certify that there is due rruii> the Province of New Druiiiwick to the holders of this certiRcate, hundred pounds sterling, to be p»id In London on the dsy of , A. D. 18 , or in the cities of New York, or St. John, New Brunswick, nt the option of the holder, on tix inontlis' previous notice being given by liiin lo the Treasurer of ihe said province. This cvrtificiitc beurs interest at the rate of six per cent per annum, payable on presentment tiiereof half yearly in London, on the day of and the dty of in each year, or ui. tlic same days in the cities of New York, or St. John, New Brunswick, at the option of the holder, on .six iiiontlis' previous notice being given by him to the Province Treasurer, of bis desire to lie pai'l interest at either uf those places. In tesiimiiny whereof, the LiculcnRiit-Govenior of the Province of New Brunswick, on behalf uf the said province, and hy virtue of the authority vested in him by an Act of the Generul Assembly of the same, intituled, " An Act to facilitate the construction of the European and North American Railway," which Act has been approved and allowed by Her Majesty, has hereunto set his hand, and affixed his seal of otiice, at Fredericton, in the Province uf New Brunswick, this 7th day of April, A.D. 18S1. (Signed) Countersigned by the Provincial Treasurer. J. R. Paktelow, Provincial Secretary. EuMi'No Hrad, Lieutenant-Governor, IM PROJECTED RAILWAY PROM HALIFAX TO QUEBEC. II EnclMure 2 in No. 3. NKW ^ BRUNSWICK. Anno Decimo Quarto Victoria Reoinx. — End. 8 in No. 3i (Suspending Clause.) An Act to facilitate the construction of a Railway from St. Andrews to Quebec. (No. 2063.) Passed March 28, 1851. Be it enacted by the Lieutenant-Governor, Legislative Council and Assembly : — !. MThen the shareholders of the St. Andrews and Quebec Railroad Company shall pay wbm the iliareholde™ in to their Treasurer at least the sum of Two thousand pounds sterling, and it shall be satis- pay to iheir tieuum fiutirily proved to the Lieut.-Oovemor in Council that auch sum has l«*"• I V. The certificates of shares in the St. AndreVi's and Quebec Railroad Company to be Cettlflcate* of iharei from time to time delivered by the Company to the Provincial Treasurer, shall be held by *" be held oi public liim for and on behalf of the province as public praperty, and while such shares are so held !','",Pf''^' *"" "" 7"" I i-iii* '• ..'i'*-,^ 1111 1 *"^^ *o ** exerciied or no vote thereon shall be given at any meeting of the Company, nor shall there be any niter- intereet received. feienoe with or control over the management or busi:iess of the said Company on account thereof by the Government, and no interest shall be paid to or claimed by the province on such shares in consideration of their having been paid for in full at the time of subscription: Provided, that tlie Legislative Council and Assembly may annually, by joint resolution, appoint two Directors, who shall have the same powers and authority as any other Directors chosen under tbe Act of Incorporation. V. The dividends arising from the shares in the said Company held by the Provincial Api.licaiion of divi- Treasurer shall be applied toward the payment of interest on the said ■lebentiires, and at the deuJe and diipoial of expiration of thirty years when such debentures become payable the said shares shall be sold •'"■*•• and disposed of, and the proceeds be applied toward the payment of the same, and the faith and credit of this province, and the ordinary revenues thereof, and the amounts or proceeds of faith, credit, and re- any special impost which may hereafter be levied and collected for the pnying off such veimw of the Province railway debentures, and the interest tiiereon, shall bo and hereby are declureil pledged to any r'^'nedfortlie imereit and every holder of the same for payment of interest as it becomes due, and for payment of beiitute«r''' the iirincipal money at the expiration of the time limited for payment of the said debentures as they severally fall due. VL This Act may be altered and amended during the present Session. ^^t may be altered VII. This Act shall not come info o])eration or be in force until Her Majesty's Royal Suipendiug clause. approbation thereof be first had and declared. C 2 NRW BRUNSWICK. (U») Form of drfaenhuc Ifi FURTHER CORRESPONDENCE RELATIVE TO THE SCHEDULE. "* British North Ambrica. No. Six per cent. Stock of the Province of New Brunswick. Certificate for £ sterling. Thik is to certify tliat there is due from the province of New Brunswick to the holder of this certificate hundred pounds sterling, to be paid in London on the day of A.D., 188 , or in New York, or St. Andrews, N. B., at the option of the holder on sis months previous notice being given by him to the Treasurer of tlie said province. This certificate bears interest at the rale of six per cent, per annum, payable on presentment thereof half-yearly in London on the day of , and the day of in each year, or on the same days in New York or St. Andrews, at the option of the holder, on six months previous notice being giv^n by him to the Provincial Treasurer of his desire to be paid interest at either of those places. In testimony whereof, the Lleut.-Governor of (he province of jNew Brunswick on behalf of the said province, and by virtue of the authority vested in him by an Act of the General Assembly of the same, intituled "An Act to facilitate the construction of a railway from St. Andrews to Quebec," which Act has been ajiproved and allowed by Her Majesty, has hereunto set his hand and affixed his seal of office at Frederictou in the province of New Brunswick this 7lh day of April, A.D., 1851. (Signed) Edmund Head, Lient. -Governor. Countersigned by the Provincial Treasurer, J. R. Partblow, Provincial Secretary. End. 3 in No. 3. Enclosure 3 in No. 3. Anno Decimo Quarto Victori.g Reoin^. Cap. I. An Act to incorporate the European and North American Railway Company. (No. '2061.) Passed 15th March, 1851. Prfamblr. S I I i " Whereas it is contemplated, under concurrent Charters, to construct a continuous line of Railway from Baneor, in the State of Maine, through the Provinces of New Bruns- wick and Nova Scotia, to Halifax, or some other Port on the Eastern Coast of Nova Scotia, under the name of " Tlie European and North American Railway Company," thereby afford- ing an uninterrupted route of land communication to all parts of North America, from some Atlantic Port in the most direct line of Emigration, Traffic, and Travel, between the old and the new world : And Whereas in furtherance of this great object, the Legislature of the Slate of Maine lias passed an Act to authorize the construction of such Railway through their own territory, by a Coqraration under the aforesaid name : And Whereas it is advisable for the more efficient and economical construction and working of the said Railway, that provision should be made in tlie concurrent Charters of thu said Provinces and State, to enablet he respective Corporations or Coni])anies, by deed, contract or agreement, if they deem it expe- dient, to establish a tniirorm sy^'i-'ni of management and direction over the whole proposed linu : And Whereas it is the duly of this Province to grant every facility and encouragement to such enterpritiiiig persons iis may be desirous and willing to make and maintain such a Rail- way ihrougliout tiiis Province, by granting to them an Act of Incorporation, with the privilege of establishing Branch Lines and Steam Vessels in connexion with the said Railway, both on the Gulf of Saint Lawrence and the Bay of Fundy, as the Company may deem d;)sirable." Company incorpowtJ I. Be it therefore enacted by the Licutetiant-fiovemor, Legislative Council and Assembly, hy the name of " Tlie Tbat the Honourable Ward Chipman, the Honourable Charles Simonds, Speaker of tlio ADr/an m\^Z: "°"*" "'' Assembly, the Honourable E. B. Chandler, Rear- Admiral the Honourable William Fitzvvilliani Owen, the Honourable J. R. I'artelow, Provincial Secretary, the Honourable Amos E. Botsford, the Honourable John Robertson, the Honourable R. L. Hazen, the Honourable Alexander Rankin, M.P.P., J.Montgomery, M.P.P., William Crane, M.P.P., the Honour- able John A. Street, Attorney-General, M.P.P., William J. Ritchie, M.P.P., John Hamilton Gray, M.P.P., Daniel Hanington, M.P.P., Bliss Botsford, M.P.P., James Taylor, M.P.P., Robert B. Cliapn>an, M.P.P., Matthew M'Leod, M.P.P., George Hayward, M.P P., George Ryan, M.P.P., Henry W. Purdy. M.P.P., William Scoullar, M.P.P., Robert D. Wilmot, M.P.P., WilliamH.Sleves.M.P.P., ReubenStiles.M.P.P., William H. Needham, M.P.P., S. L. Tilley, M.P.P., George L. Hatlieway, M.P.P., John M. Johnson, M.P.P., William Porter, M.P. P., John Robinson, M. P.P., Robert Jardino, George Botsford, President of the Central Bank of New Brunswick, James M'Farlane, Thomas G. Hatlieway, William Wright, 1). J. M'Laiiglilin, President of tlie Commercial Bank at the City of Saint John, James W. Chandler, Neheniiah Marks, Frederick A. Wiggins, Joseph Salter, Enoch Stiles, George Calhoun, John Smith, John C. Littlehale, James Roach, James Secord, AlleynC. Evanson, William Coutes, Moses Jones, Silas Crane Charters, John Robb, John Hickman, Junior, Cliiisloplicr Holtenhousc, Charles V. Allison, George Oulton, William H. Buckcrfield, Peter Etter, Charles F. Prcscott, AllanOtty, HeiiryChubb, William R. M. Burlis, JohnV.Thur- gar, GiwgoE.Fenety, T. W. Anglm. Edward Allison, Thomas E. Millidge, President of the Bank of New Brunswick, Charles Brown, George Sutherland, John Wesley Weldon, Sl'v- plien Binnoy, Alexander Wright, and such other persons as shall from time to time become proprietors'of the shares in the Company hereby established, their successors and assigns, shall Coiii|tany.* PROJECTED RAILWAY FROM HALIFAX TO QUEBKC. 13 raw BRUNSWICK. Ptrpttual nceenioo. ComnMOMtl. Suiti. By« Um to Iw tub- mitled to the Lieut- OoTernor for tppraral. Capital to be 1,iOO,000/., difided into 60,000 iharet, with power to inueaie. Periodi and amonnti of paymeutr. be, and they are hereby declared, ordained and constituted to be a Corporation, 3ody Politic and Corporate, by the name of The European and North American Railway Company, and shall by that name have perpetual succession uid a Common Seal ; and shall and may by the same name sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all Coiirt? and places whatsoevpi', and shall also have power and authority to pur- chase, hold and enjoy lands, tenements and hereditaments, for tliem and their successors and assign!), for making the Railway, and for settlers on the line of the said Railway, and gene- rt lly for the purposes of carrying the provisions of this Act into effect ; and also that they the said Company, shall from time to time, and at all times, have full power and authority to con- stitute, make, ordain and establish such bye-laws, regulations and ordinances as may be deemed necessary for the good rule and government of the said Company : Provided that such bye-laws, regiilations and ordinances as may be deemed necessary, be not contradictory or repugnant to tlie laws of this Province : and provided also, that no bye-laws, reoiilations and ordinances made under and by virtue of the power and authority of this Act, shall oe of any force or effect, until one calendar month after a true copy of such bye-laws, regulations and ordinances, certified under the hand of the President of the said Company, shall have been laid before the Lieutenant- Governor or Administrator of the Government in this Province for the time being, for approval or disapproval, unless the Lieutenant-Governor or Administrator of the Government shall before such period signify his approbation thereof. IL And be it enacted. That the capital stock of the Company hereby established shall be Fifteen hundred thousand pounds, the whole to be paid in current money of this Province ; the whole amount of the said capital stuck to be divided into sixty thousand shares, of twenty-five poimds each ; and the said Corporation, if necessary, shall have power to extend the said capital stock to a sum or sums not exceeding Two millions of pounds of like current money, and shall have power to increase tile number of shares accordingly ; which original shares and increased slock siiall be vested in the persons hereinbefore named, and such other persons as may take shares in the said Company, their successors or assigns ; and upon taking such shares, they shall deposit in such Bank or BSnks in the i3ritish North American Colonies, or elsewhere, as the Directors of the said Company shall from time to lime appoint for that pur- pose, the sum of five shillings per share current money aforesaid ; and the remaining amount of such shares shall be called it; as the work progresses, in such parts and amount per share as the Directors of the said Company may deem necessary : Provided always, that two pounds ten shillings per share shall be the greatest amount per share of any one call which the said Directors may make on the shareholders, and two months at least shall be the interval between successive calls; and thirty days previous notice of payment being .-equired for any one call, shall be given in the Koyal Gazelle at Fredericton, and one or more of the newspapers pub- lisiied in the city of Saint John : Provided also, that the whole amount of such calls shall not exceed, in any one year, one third part of the amount subscribed ; and on demand of the holder of any share, the Company shall cause a receipt or certificate of the proprietorship of such share to be delivered to such shareholder, and the same may be according to the form in tho Schedule A to this Act annexed, or to the like eli'ect, or in such other form as the said Com- pany may by their bye-luws prescribe ; and every of the said shares shall be deemed personal estate, and transferable as such, and sliall not be deemed or taken to be of the nature of real pro|)erly ; and every such share shall entitle the iiolder thereof to a proportionate part of (he profits and dividends of the said Company : Provided also, that the money so to be raised as aforesaid, shall be laid out in the making, completing and maintaining the said Railway, and other the pur|X)ses therewith connjcti-d, mentioned in this Act, and in payment of the legal and other expenses incurred in and about tiio incorporating and establijhing the said Company, and to no other use or purpose whatsoever. in. And be it enacted, 'I'hat so soon as One hundrml thousand pounds of tho capital stock of the said Company shall have been subscribed, and tho deposit of five shillings per share siiall have been actually paid ns aforesaid, and not before, it shall be lawful for the said Com- pany, and they are hereby antliorizod and empowered, by themselves, their deputies, agents, officers, and workmen, to make, construct, finally complete, alter, and keep in repair, a Railway, with one or more sets of rails or tracks, with all suitable bridges, archways, turn-outs, culverts, drains, and all other necessary appendagefl, and to erect such wharves, moles, jetties, piers, docks, harbours, landings, aboideaux, dikes, buildings, depots, and warehouses, either at the termini or on tlie line of tlie said Railway, and to purchase and acquire such stationary or locomotive steam-engines and carriages, waggons, floats, and other machinery and contrivances, and real or jiersoiial property, as may be necessary for the making and maintaining the said Railway, and for tlie transport of passenger and merchandize thereon, and for other purposes of this Act; and may hoUi and jiossess the land over which the said Railway is to pass, and such adjoining lands as may be required ; which Railway is to run from some point or place Dire«tion of the route. from the Eastern iioundarv of tills Province, in the County of Westmorland, so as best to connect witii a Railway to bo constructed from the City of Halifttz, or some otiier Port on the Easter.) Coast of the Province of \ova Scotia, on tho Atlantic Ocean, over tlie most prac- ticable route through this Province of New Brunswick, so as best to connect with a Railway to be constructed from the City of Bangor, in the United States of America, to tiie Eastern part of the State of Maine, tnider a Charter from the same State, with a like name as is used III this Act, as the Directors of this Company, in the exorcise of their best judgment and dis- cretion, shall judge most favourable and Iwst calculated to promote the public convenience, and carry into effect the intentions and purposes of this Act : Provided always, that a Map Plan of route to be de- or Plan of the route determined upon shall bu deposited in the Office of the Secretary of this i»e>i«d in tlie Provin- Province. cial Secretary 'i office. Shoiee to be penonti ettate. On lubicriptiou of 100,00(1/. and (leimait of 5<, |)er tliare, Com- pany autlioriietl to coiiitruct and maintain their railway, with necewary apfiendagn. 14 FURTHER CORRESPONDENCE RELATIVE TO THE NIW BBUMWICK. Md li ! II i- lomak*haBili.«ll> i»7iudowa oallcd in ma; bt paid till the nUwaj b* eompletcd. 'Xridaet of pnptrty io a ihan. NoihtittelMliiiif>' femd while in amaf. Company not bound to Ma to Ibe necutioo of tcuit is mpNt of •bant. Subioribfn to tb* •toek, wd tbtir npn- •cntatiTcf, to pay aa appointed by tb« di- ItCtOIiL Powtr to make call* upon Iba •hinheldMi for money. IntcKft to be paid oa onniaeeaU*. Power to teceire ad- vancei from ihare- boldcri on iiiterett. Power to lue deb 't- ing ibareholdaii. Declaration in luitt to recoTct money due ou callj. lY. And be it eimcted, That the raid Compmy ■hall and may, if they deom it expedient, make Branch Raitw^s to every or any part or the Prof inoe, aad manage tuch Branch Rail- ways, and procure and own such steam-boata or retwU aa may be neoeuary to ply in con- nexion with the said Railway, in the water* of any part of the Oulf of Saint Lawrence, or in the Bay of Fundy, or in the waters contiguoua to either of them ; and for that purpose shall exercise and possess all the powers, priviwges, and authorities necessary for the managenmnt of the H.me in as full and ample a manner as they are hereby buthariied to do with reapact to the said Railway. V. And ',be it enacted. That it shall be lawful for the Directors of the said Company, in their discretion, until the said Railway shall be completed and opened to the public, to pay interest at any rate not exceeding six pounds per centum per annum on all 'lums called up, in respect of the shares from the respective days on which the name shall be paid, such interest to accrue and be paid at such times and places ab the said directors shall appoint for that pur- pose : Provided always that no interest snail accrue to the proprietor of any share upon which any call shall be in arrear in respect of such shares or any other share to be holden by the same proprietor during the perioa while such call shall remain unpaid. VI. And be it enacted. That the certificate of the proprietorship of any share in the sidd Company shall be admitted in all Courts as primii facie evidence of the title of any ahare- holder, his executors, administrators, successor!), or •usigns, to the share therein specified ; nevertheless, the want of such certificate shall not prevent the holder of any share from dis> poaing thereof. VII. And be it enacted, That no sliareholder shall be entitled to transfer any share, after any call shall have been made in respect thereof, until he or she shall have paid all calls for tlw time being due on n-ery share held by him or her. VIII. And be it enacted, That the said Company shall not be bound to see to the execution of any trust, whether express, implied, or constructive, to which any of the said shares may be subject and the receipt of the party in whose name any such share shall stand in the book* of the said Company, or if it stands in the name of'more parties than one, the receipt of one uf the parties named in tlie Register of Shareholders shall from time to time be a sufficient dis- charge to the said Company for any dividend or other sum of money payable in respect of auch share, notwithstanding any trust to which such share may then be subject, and wnether or not the said Company have had notice of such trusts, and the said Company shall not be bound to see to the application of the money paid upon such receipts. IX. And be it enacted, That the several persons who have or shall hereafter subscribe any money towards the said undertaking, or their legal representatives respectively, shall pay the sums respectively so subscribed, or such portion thereof as shall from time to time be called for by the Directors of the said Company, at such times and places as shall be appointed by the said Direclors ; and with respect to the provisions in this Act contained for enforcing the payment of the calls, the word " shareholder' shall extend to and include the personal repre- sentatives of such shareholder. X. And be it enacted, That it shall be lawful for the Directors of the said Company from time to time to make such calls of money upon the respective shareholders in respect of the amount of capital respectively subscribed or owing by them as they shall deem neceswry, pro- vided that thirty dajrs notice at the least be given of each call as aforesaid, and that no call exceed the prescrilied amount aforesaid, and that successive calls be not made at less than the prescribed interval aforesaid, or a greater amount called in, in any one year, than the pre- scribed amount aforesaid ; and everv shareholder shall be liable to pay the amount of the call so made in respect of the shares heid by him to the persons and at the times and places from time to time appointed by the said Company or tlie Directors thereof, XL A id be it enacted, That if before or on the day ap(N>inted for payment any shareliolder do not pay the amount of any call to which he u liable, then such shareholder shall be liable to pay interest for tliie same at the rate allowed by law, that is to say, six per centum per animm from the day appointed for the payment thereof to the time of the actual pajmnent. XII. And be it enacted. That it shall be lawful for the said Company, if they tliiiik fit, to receive from any of the shareholders willing to advance the same, all or any part of the moneys due upon their respective shares beyond the sums actually called for ; and upon the principal moneys so paid in advance, or so raudi thereof as from time to time shall exceed the amount of the calls then made upon the shares, in respect of which such advance shall bu made, the Company may pay interest at such rate, not exceeding the legal rate of interest for the time being, as the shareholder paying such sum in advance and the said Company may agree upon. XiII. And be it enacted, That if at the time appointed bv the said Company, or the Directors thereof, for the payment of any call, any shareholder shaU fail to rtay the amount of such call, it shall be lawful for the said Company to sue such shareholuer for the amount thereof in any Court of Law or Equity having competent jurisdiction, and to recover the same with lawful interest from the day on which such call was payable. XIV. And be it enacted, That in any action or suit to be brought by the said Company agamst any shareholder to recover any money due upon any call, it shall not be necessary to set forth the special matter, but it shall be sufficient for said Company to declare that the defendant is the holder of one share or more in the said Company, stating the number of •hares, and is indebted to the said Company in the sum of money to which the culls in arrear ahall amount in respect of one call or more upon one share or more, stating the number and amount of each of such calls whereby an action hath accrued to the said Company by virtue of this Act. ompany isary to hat the mber of n arrear iber and virtue of PROJECTED RAILWAY FROM HALIFAX TO QUEBEC. 16 XV. And be it enacted, That on the trial or hearing of such action or suit it shall be mifBeieal to provo that the defendant at the time of making such call was the holder of one share or more in the said Company, and that such call was in fact made and such notice thereofgiven as is directed by this Act ; and it shall not be necessary to prove the appointment of the Directors who made such call, or any other matter whatsoever ; and thereupon the said Company shall be entitled to recover what shall be due upon such call and interest theraon. unless it shall appear either that any such call exceeds the prescribed amount aforesaid or that due notice of such call was not given, or that the prescribed interval between two sucoesaive calls had not elapsed as aforesaid. XVI. And be it enacted, That the production of the Register of Shareholdora shall be primd fade evidence of such defendant being a shareholder, ami of the number and amount of his shares. XVII. And be it enacted. That if any shareholder fail to pay any call payable bv him, together with the interest, if any, that shall have accrued thereon, the Directors of the said Company at any time after the expiration of two months from the day appointed for payment of such call, may declare the share in respect of which such call was payable, forfeited, and that whether the said Company have sued for the amount of such call or not. XVIII. And be it enacted. That before declaring any shares forfeited, the Directors of said Company shall cause notice of such intention to be left or transmitted by Post to the usual or lost place of abode of the person appearing by the Register of Shareholders to be the proprietor of such share ; and if the nolder of any such share be beyond the limits of this Province, or if his usual or last place of abode be not known to the said Directors, by reason of its being imperfectly described in the shareholders' Address Book, or otherwise ; or if the interest in any share shall be known by the said Directors to have become transmitted otherwise than by transfer, and so the address of the parties to whom the said share or shares may for the time being belong shall not be known to the said Directors, the said Directors shall ^ive public notice of such intention in the Royal Gasette, at Fredericton, and also in one or more of the Newspapers published in the city of Saint John, and the several notices aforesaid shall be given ninety days at least before the said Directors shall make such declaration of forfeiture. XIX. And be it enacted. That the said declaration of forfeiture shall not take effect so as to authorize the sale or other disposition of any share, until such declaration shall have been confirmed at the next general meeting of the said Company to be held after such notice of intention to mako such declaration of forfeiture shall nave been given ; nnd it shall be lawful for the said Company to confirm such forfeiture at any such meeting, and by an order at such meeting, or any subsequent general tneeting, to direct the share or shares so forfeited to be sold, or otherwise disposed of XX. And be it enacted. That after such confirmation as aforesaid, it shall be lawful for the said Directors to sell the forfeited share by public auction ; and if there be more than one forfeited share, then either separately or together, as to them shall seem fit ; and any share- holder may purchase any forfeited share so sold as aforesaid. XXI. And be it enacted, That an affidavit by some credible person not interested in the matter, sworn before any Justiae of the Peace, or before any Commissioner for taking afBdarits in the Supreme Court, or other person qualified by law to take affidavits, that the call in respeet of a share was made and notice thereof given, and that default in payment of the call was' made, and that the forfeiture of the share was declared and confirmed in manner hereinbefors required, shall be sufficient evidence of the facts therein stated, and such affidavit, aad the receipt of the Treasurer of the said Company for the price of euch share, shall constitute a good title to such share, and a certificate of proprietorship shall be delivered to such purchaser, and thereupon ho shall be decmelo, to pay the arrears then due from such defaulter on account of any calls, together with interest and the expenses attending such sale and declaration of forfeiture, and if the money produced by the sale of any such forfeited shares be more than sufficient to pay all arrears of calls and interest thereon due at the time of such sale, and the expenses attending the declaration of forfeiture and sale thereof, with the proof thereof and certificate of pro- prietorship to the purchaser, the surplus shall, on demand, be paid to the defaulters. XXI II. And be it enacted. That if payment of such arrears of calls, and intoi«8t and expenses, be mudc before any share or shares so forfoited and vested in the said Company shall have been sold by public auction as aforesaid., such share or shares shall revert to the party or parties to whom the same belonged before such forfoiture, in such manner as if such calls had oeen duly paid. XXIV. And be it enacted. That his Excellency the Lieutenant-Governor, or Administrator of the Government for the time being, by and with the advice and consent of Her Majesty's Executive Council, be and is hereby authorised and empowered to grant unto the said Company, and the said Company are hereby invested with the right, by their agents, servants, and workmen, to enter and go in and upon the Crown Lands lying in the route or line of the contemplated Railway, for the purpose of making examinations, surveys, and other necessary arrangements, and also for the construction and repair of the said Railway and the Brenehes connected with the said Railway, ita several statioi.-houses and dep&ts, and for fuel for the use of the engines, station-houses, and dep6U belonging thereto and the said Braiiohee, to dig for, aimwinoK. PmroTallt ind da- fendsot kavtat btai ■ •liaivlmldtr d lb* Rcguttr of tbarchold- era to b« primA fada CTidene*. ShwM in UKU may be dwUnd fotCnIid. Nollca to be givan of intention to oeoUie •bun fotftitcd. Forfeituie of ihsm to be confirmed tX 4 geoersl meeting. Futfeited ihsnt to bt udd. ■videnee of inpcii- tonhip in piuoi'UKd •htm. No more aham to be •old than are tutBeient to iwy off hirean and ezpeniet. On'payment of aman liefore eale, •haies to Kvert to the patty. Company, with the content of the Ezeeu- tire Goreroment, au- thoriied to enter on Crown landi fur exa- mination, and take maleriaU for COQ- itruction. i' I Hi I i NIW BBUNBWICK. RmMutin Clumn- mmt ■ulhoritni to fruik landi for lb* DHitt of th* railaaj. Powtr lu atruct tlie whole or any portion of the line of railway from Bai'^r to tlic eiutem coa*t of Nora Scotia, If railway Ije not com- pleted within ten yean, grant! of land and tirivilegrt to reveit to ler Majeity. C<>m[iniiy iiireftetl with all neceiMiy powers, &c. Tu enter on laiuU for (urirey. Take landi and ma- terial. Eitnt limitad. 16 FURTHER CORRESPONDENCE RELATIVE TO THE take, remove) and use any earth, gravel, stone, timber, wood, or other matter, under, on, or from the Crown Land contiffuoua to the Railway, free from any duties or charges therefor. XXV. And be it enacted. That it shall and may be lawful for the said Lieutenant-Governor or Administrator of the Government for the time being, by and with the consent aforesaid, and he is hereby fully authorized and empowered, to grant unto the said Company, without pecuniary consideration, from the vacant Crown Lands, a belt or strip of such part of th«> Crown Lands as the said contemplated railway and the said branches may pass over and through, the said belt or strip to extend two hundred feet on both sides of tne track of the Railway measured from the centre thereof, and also additional pieces orparculi of land nevorally not exiieeding five hundred feet in length and three hundred feet in breadth, measured along and at right angles to the line of the said belt or atrip of land at such points and distance* from eacii other not less than five miles, as way be necessary and the said Company may elect and determine. XXV L And be it enacted. That if the said Railroad shall in the course thereof cross any tide waters, navigable rivers or streams, the said Company are hereby authorized and empowered to erect, for the sole and exclusive travel on the said Railroad, a Bridge across each of the said rivers or streams, or across any such tide waters, provided such Bridge or Briilges •>iall be so constructed as not unnecessarily to obstruct or impede the navigation of said waters. XXVII. And be it enacted, That no County, Parish, City, or other local tax or a'sessment ■hall be levied or assessed on or payable by the said Corporation, or any of their lands, tenement*, personal proiterty, privileges, or franchises, or on the stO' k thereof owre*' 'jj ihe respective shareholders therein, or on the income derivable therefrom. aXVIII. And be it enacted. That the Legislature uf this Province shall at all times he.'V- afler have the right to inquire into the doings of the said Corporation, and into the manner in which tlie privileges and franchises herein and hereby granted may have been used and employed by the said Corporation, and to correct and prevent all abuses of the same, and to pass any laws imposing fines and penalties upon said Corporation, which may be necessary more ettVctually to compel a compliance with the provisions, liabilities, and dutica herein set forth and enjoined, but not to impose any other or further duties, liabilities, or obligations ; * and that this Charter shall not be revoked, annulled, altered, or amended withotit the consent of the Corporation, or during the present Session of the Legislature, or limited or restrained except by due process of law. XXIa. And bo it enacted. That it shall be lawful for the said Corporation, if tlicy shall at any time or times herpafter deem it expedient to do so, to join or unite with any Body Politic, or Corporation or Company in the Province of Nova Scotia, or State of Maine, or to be formed therein for the purpose of constructing the whole or any portion of the saiil con- tinuous line of Railway from the City of Bangor aforesaid, through this Pi^ovince of New Bniiiswick to the Eastern Coast of Nova Scotia, as set out in tlie third Section of this Act ; and also to enter into such contracts, arrangements, or agreements, by Deeds or Writings, with all or any of such Bodies Politic, Corporations, or Companies, as may be considered mutually benehcial, and as will conduce to the accomplishment of the desired end, and to the eflFectual carrying into operation the objects and intentions of this Act, and of such Bodies Politic, Corporations and Com|)anius, iind as may tend to the mutually beneficial management of the aflTairs of said continuous Railway during its erection and after its completion, and the Just and equitable distribution and appropriation of the proceeds and earnings thereof; and all such contracts, arrangements, agreements, deeds, and writings, shall be valid and binding within this Province, as well on this Corporation as on such Bodies Politic, Corporations, and Companies, being parties thereto respectively, and sliall bo duly enforced in the Courts of this Province, as if the said Bodies Politir, Corporation, and Companies had been duly incorix>rated herein. XXX. Provided always, and bo it enacted, That if the said ^contemplated Railway shall not be completed and in full operation within the space of tun years from the time this Act shall come into operation, all and every the said grants of land, and the rights and privileges conferred by this Act shall be utterly null and void, and the land and privileges shall revert to and revest in Her Majesty, as fully as if no grant had been made or rights and privileges con- ferred. XXXI. And be it enacted, That the said Company shall be and are hereby invested with all the powers, privileges, and immunities which are or may be necessary to carry into effect the intentions and object of this Act ; and for this purpose the s^dd Company, their successors, deputies, agents, and assistants shall have the right to enter and go into and upon the lantls and grounds of all and every description lying in the said route and general direction as aforesaid, for the purpose of making surveys, examinations, or other necessary .rrrangements for fixing the site of the said Railway ; and it shall and may be lawful for the said Company and their successors to take and hold so much of the land and other real estate as may be necessary for the laying out, making and constructing, and convenient operation of the said Railway, antl shall also have the rigiit to take, remove and use, for the necessary construction and repair of said Railway and appurteiiancen, any earth, gravel, stone, timber, or otlier materials on or from the land so taken, without any previous agreement with the owner or owners, tenant or tenants of the land, and upon which such surveys, examinations, or other arrangements may be made, or through which the said Railway may be explored, laid out, made, worked, or constructed, or on which materials and other things shall be laid for the purposes of tlie said Railway ; Provided always, that the said land so taken shall not exceed six rods in width, except where greater width is neoB«ary for the purpose of excavation or embankment, and PROJECTED RAILWAY FROM HALIFAX TO QUEBEC. 17 where (he laid Railway shall peas through any woods, lands, or forests, the said Company shall brdnhtick. hare the right to fell or remote any trees standing thereon to the distance of six rods from either side of the said railway, which by their liabilities to be blown down, or from their naturil falling, might obstruct or impair said Railway : Provided always, that in all cases the said Company shall pay for such lands or estate so taken or used (in case the owner Csm|iti» lo pay Ar thereof demand it), such price as the said Company and the owner or respective owners thereof '•■"•••»''•'>• may mutually agree upon ; and in case the said parties should not agree, then it shall be IncaMofdiMftM- lawful for the said Company or the said parties to apply to three or more of the Commission- """"^f?**?^ '^ em to bo appointed in manner hereinafter provided, who shall, after giving at least twenty days tigont. notice in writing to the said Company and parties, examine the site of the said Railway ; and in case the said Railway shall pass through or extend upon any improved lands, or shall occasion the removal of any bnildmes or fences, then and in all such cases the damages shall be ascertained and assessed by such Commissioners or a majority of them : Provided always, that not less than three Commissioners shall concur in such assessment : Provided neverthe- less, that the said Commissioners in assessing the said damages, are authorized and empowered, and shall take into consideration the indirect as well as the direct advantages which may accrue to the owner or respective owners, ns such owner or respective owners, by the construc- tion of such Railway, as by the enhancement in value of the land by the passage of the Railway in regard to the increased facilities of access to the different stations and termini of the said Railway, in diminution of the damages ; and in all cases where the Commissioners shall assess damages to be paid to the owner or owners of any land over which the said Railroad Aatmnnt lo b« Isid may be laid out, the Cfommissioners so assessing shall lay the said Assessment before the next '^'jj*'^""*'"*!?!* general meeting of the said Company under the authority of this Act, who are hereby required ^numnt ^SS^^' to pay the amount set forth in ttie said assessment into the hands of the persons for whom sucn damages may have been assessed, witliin twenty-one days next after such general meeting of the said Company, together with the reasonable costs and charges of the said Commis- sioners in assessing such damages; and in default of such payment it shall and may be lawful Oa dtAul t to b* for the said Commissioners, or either of them (in case of the absence or death of the others), at ••»••<»">"»«"«•• the instance of the said party or parties to whom such damages are payable, by warrant under the hands and seals of the said Commissioner* or one of them (in case aforesaid), to levy the same with costs by distress and sale of the goods and chattels of the said Company : Provided always, that no claim for damages shall be allowed by such Commissioners, unless the same shall have b«en made in writing and submitted to the said Company within one year from the lime of taking such land or other property : Provided also, that nothing in this Act contained shall be construed to affect the rights of the Crown in any ungranted lands within this Pro- , vince, or to authorize the said Company to enter upon or take possession of any such lands without the previous permission of the Executive Government of the Province. XXXI I. " And whereas divers and many persons, being the owners and proprietors of or Xlftet girmtoputot interested in lands through which the line or route of the said Railway may pass, have by S»iSrt'ot^T«nd fct deeds or writings under their hands and seals, after reciting that — ' Whereas at a Convention tb* rout* of ih< held at PortlaiKl in the State of Maine, for the purpose ot devising means to insure the con- nilwtj. ■truction of a Railroad to extend from Portland aforesaid, in a continuous land route through the Province of New Brunswick, to a suitable point or terminus on the Eaatem Coast of the Province of Nova Scotia, and to be called ' The European and North American Railroad,.' John A. Poor, Esquire, of Portland, the Honourable Anson G. Chandler, of Calais, the Honourable Elijah L. Hamlin, of Bangor, the Honourable James B. Uniacke, of Halifax, Robert B. Dickie, Esquire, of Amherst, Robert Jardine, Esquire, of Saint John, and George Botsford, Esquire, of Fredericton, were appointed an Executive Committee to carry out the object of the said Convention, and to obtain a Charter or concurrent Charters from the Legis- lUures of Maine, New Brunswick, and Nova Scotia, to incorporate a Company or Companies for that purpose: Then in consideration that the said Committee did take upon themselves the aforesaid duty, and procure as aforesaid, a Charter or concurrent Charters, the subscribers feeling a deep interest in the erection of the said Railroad, did each for himself thereby cove- nant and agree to and with the said Committee, that such Company when formed, or any persons in their employment might, for the purpose of such Railroad, enter upon any lauds belonging to either of them, and appropriate therefrom a sufficient width of way for such rund over such lands, not exceeding six rods in width, without any claim for compensation or damages on either of their parts, except in cases where sucli road or width of way requires the removal of any buildings ; and they further severally consented each for himself, that an Act of Assembly might be passed, to give full effect to the licence and agreement aforesaid, and for vesting sudi width of way in such company for the purposes of such road : And whereas other parties have executed or may hereafter execute other deeds, covenants, agreements, writings, or documents to the like purport and effect, or for carrying out the same objects or intentions ;" Be it therefore enacted. That all and every such deeds, covenants, agreements, writings or documents already executed, or which shall hereafter be executed, shall be binding in law on each and every of the said parties thereto respectively, and each and every of them, their heirs and assigns, to take effect nrom the day when the same shall be respectively signed by the respective parties thereto, and be binding on such parties, their heirs and assigns, from tlia day of such signing of the same respectively, as if made and entered into with this Com- pany after the passing of this Act, and of the organization of the said Company themselves, and all the lands, rights, privileges and immunities mentioned and referred to in said deeds, covenants, agreements, writings or documents respectively, which may be required, taken or used by the said Company, for the purposes of the said Railway, shall dy operation of law vest absolutely in said Company, and shall be to all intents and purposes as valid and effectual for t: 18 FURTHEK CORRESPOP^ENCE RBLATIVE TO THE ii' ■RVmWICK. KiMatiTt OoTfmmcnt to ippoint Covmifr •imMn to Mtlla ail dUuutw OH to lands aiid materiult takrii, &r.| under Mctioni31» 34, uid at. AgrennenM willi, ind dbchargM by, Corpo- mtimiud H mtm fur laidt takw to bt valid. Power to enter on adjacent lands and take materials Tor th« construction and repair of the railway. Fences to be main- tained on each side of th« railway. A bell to be rung at etglily rods dittaiice from every railway cniising. Boards with a printed caution to be pnt up at the crosiinj of roads. Company may alter any turnpike or other road, instead of enaa- iof on a Itrfl. abwliitely conveying and traiuferring leid lands, and the right, title and interest of laid partial retttioetiTrly, their heirs and aisigns, therein or thereto, as if they had respectively signed, sealed and deliveret necessary, the Lieutenant-Governor or Administrator of the Government for the time being, by and with the advice and consent of Her Maji«ly's Executive Council, shall appoint not less than Ave persons to be Commissioners for ascertaining and settling all disputes or difficultien, with refcnmee to the payment for land or materiaU taken or used by the said Company under tiM ihirty-first, thiriy-l'ourth, and thirty-finh sections of this Act, or damages occaaioned thanby ; which said Coniinissioners shall be appointed during pleasure; and in case of vacancy by refusal to act, resignation, death, removal, incapacity, or absence from the Province, appoint* ments shall be forthwith made as aforesaid for filling such vacaricies, and saiil Comniasioneri shall be sworn to the faithriil and impartial discharge of their duties More any Clerk of th* Peace for any Coiitily in this Province, and the Clerk so adminKtering such oatli shall Ibrth- with Iruiismit » certificato of such oath having been duly administered, to the Office of tlM Secretary of the Province. XXXIV. And be it enacted, That when the said Comp*nv shall take any land or estate of ntiy Body Corporate, aggregate or sole, guardians, committees, executors, administratora, or other trusters whatsoever, held for or on behalf of those whom they rrpresent, whether eop- porations, infants, idiots, lunatics, fumme-coverts, persons deceased or beyond seuM, or other person or persons whatsoever, who are or shall be possessed of or interested in the said land or estate, the respective rontraels, agreements, and sales of the said corporations, giiunhans, a«m« mittees, cxecuttirs, administraion, or other tnistees whatsoever, sliall be valid and elfectual in law tn ull intent I and purposes whatsoever, and their respective receipts shall bo good and valid releases and discharges therrfor ; and it shall be lawful for them respectively tn agree hiuI settle with the said Company for damages, if any, by reason of taking such land or «,tat« aforesaid, and in case of disagreement, such damage to be ascertained and settled n< provided by the thirty-first section of this Act, XXXV. And be it enacted, That the said Company, their superintendents, engineers, agenta, and workmen, may enter upon the land adjoining the said Railway, and from thence take and carry away any timber, stone, gravel, sand, and earth, or materials necessary for tha construction of the said Railway ; and in case of any slip happening or being apprehended to any cutting, embankment, or oihor work belonging to the saia Rauway, the said agents and workmen sliall at all times hereafter have full ogress and regress into and upon such adjoining lands, for the purpose of repairing and preventing such accident, and to do tuoh works as may be necessary for the piiqioae : Provided altvays, that such works shall be as little injurious to ilie said adjoining land as the nature of the operations will admit of, and shall be executed with all possilile dispatch, in all which cases the damage incurred, if the parties cannot agree, shall be ascertained and paid in like manner in all reapeets aa provided for ia the thirty-first sectioa of this Act. XXXVI. And be it enacted, Tliat the said Company, at tlieir own proper costs and charges, shall erect and maintain on each side of the said Railway, sufficient feniies wherever the same may be necessary, in order to protect the public, or wherever any dcared or caltivated land occurs on the line of the said Railway, and for neglect or failure to erect and maintain such necessary fences, the said Company shall be liable to be indicted at any Court of Oyer or Terminer or General Sessions of the County where such fences sliall be insufficient, and to bo fined in such sum as shall be then and there adjudged ; and such fine shall be expiided for the erection or repair of said fences, and for compensation of individual damage, as the case may be; and it shall and may be lawful for the Justices of the sakl Court of Oyer and Ter- miner or General Sessions, to make such order for levying the said fine on the property of the said Company, or otherwise, as to tlieni shall seem most proper to tlie exigencies of tli« case, which said fine shall be exclusive of any claim for damages which any party may sustain by any such neglect or failure as aforesaid. XXXVII. Aiul be it enacted. That the said Company shall cause a Bell of at least thirty- five pounds in weight, to bo placed on each locomotive engine passing upon tha said road, and the said bell shall bo rung ut the distance of at least eisnty rods from the place where such road crosses any railroad, turnpike, highway, statute labour, or private road, upon the same line with the railroad, and shall be kept ringing until the engine shall liave crossed such rail- road, turnpike, highway, siaiiiie labour or private road, and every train of cars moved by steam power sliall be provided with suitable breaks, and one trusty and skilful breaksnian to uvery two cars in said train. XXXVIII. And be it enacted, that wherever the said Railway or any of its branches shall cross, or shall hereafter croas any railroad, highway, nimpike roud, statute labour or privcM road for carriages of any description, within this Province, the said Company shall cause boards to be placed, well mipported by posts or otiwrwisei, and conslantly maintained acroaa each railway, highway, staiiite labour or private road, whcra it is eroawd by the railroad upon the same level therewith, th« said poats and boards to bo of siwh heiglit as shall be eaiity ■een by travellers without obttructiitg the travel, and on each side of and boards the following inscription shall be printed in plain legible letters of at least the length of nine inches, <' RaQ Itond crossings, look out for the engine when the bell ringi!!" Proviiled alway*, that it shall be lawful, if the said Company shall deem it more conducive to the public safety, for the aaidl PROJECTED KAILWAY FROM HAUCAX TO QUEBEC. Ifl BBmmnoB. OOMpMiy, at their own enpiif, to carry tueh turnpike or highway, Matuto labour or private nad. orer or under such railway, by meant of a bridge or urehway, in lieu of croMing the WBM on the lerei, and ihall have power to raiw or lower «uch turnpwe, itatute labour or pri- vate road, M at the laiSt and convenient uie thereof be not obatructad : and the wid Company ■hail conilaatly maintain in good repair all bridge*, with the abutmanlf and embankment! «hich they najr |construct for oanduotiug the railroad over any lumpike, highway, xtatute kdboHr or ptivate'road, over laid railroMl ; and when the aaid railway ihall approach any aueh turnpike, highway, ilatuie laboar or private road, to as to be inconvenient in the eon- ■truction or building of vaid railroad, or in the discretion of the Directors of the laidCom- pam, daagaroua to nernana paMing on woh turnpike, highway, statute labour or private road, it shall be Uwrfin for the said Ooaapaiqr to alter and change the line or course of such timipike, highway, atntwte Ltboer er private road, so as to obviate any such inconvenience dif- Ceuky or danMr, doing aa little injury to such turnpike, highway, statute labour or private nad, aa msT ee. IQUCIX. And be it enaoled, That the imin«'!iate government and management of the afftiie of the said Gmspaay shall be vested in seven, nine, or thirteen Directors, as the laid Oanpany may by bye law frosi* time to time fix and determine, who shall be proprietors of at least forty sharsa each, ani 'ho shall be chosen by tlie shareholders of the saiu Company in iktt nsanner hereimfler provided, and shall hold their offices until others shall have been dtdy elseied and qnaliied to take thmr places ; that not less than three or five Directors, as tlie Boud for buiiiiw. said Coaipany shall by bye Jawt from time to time fix and determine, shall constitute a Board (m the transaction of businass, of which the President shall always be one, except in case of siiiraens or'necasaary abMBee.ia which eaae the Directors present may chooae one of their num- ber as Clwirman in his stead; that the Presideat shall vote at the Board as a Director, and of there being an e^nal mnaber of votes for and agaiiut any question before them, the CompuiT aflkin to In mtnuM bjr a BoanI of (■ m Pw si d ent shall have the easting <«ate. XL. And be it enacted, that the numberof votes whieii ea«h shareholder shall be entitled to on every areasion whan in eonfonnity to the provisions of this Act the votes of the shareholders aM to h* given, shall he in the ibilowinc proportions, that is to say, each share one vote ; and all shareholders may vote by praiy if they shall see fit, provided each proxy do produce from his coiiMituent whoaa he shall rsprcaeet, or for whom he shall vote, an appointment in tlie ierm set forth in Schedule B to this Act annexed, or to the like effect ; and whatever question of eleetion of public offioers or other matters or things shall be proposed, discussed, or oaa> sidered in any pablic meeting of the said Company under the authority of this Act, shall be dottmiined and decided by the majority of voteaaod proxies then and there present : Provided always, that such proxy shall have been registered in a book to be kept for that purpoae, »t least forty eight hours before the meeting at which such proxy shall claim to vote : Provided else, that neither the President nor any Director of the Company for the time being, shall be allowed to vote as pnsv, and that the same parson shall not vote as prosy for any number of persona who together snail beprof rietora of more than two hundred uures. XLI. And be it enacted, Inat whenever One hundred thousand pounds of the said capital sleek shall have been subscribed and the depotita paid as aforesaid, the first general meeting of iho shareliolders shall take place at the City of St. John, and sudi meeting shall be nailed by Daniel J. M'Laughlin, President of the Commercial Bank above named, or in case of his death, absence, neglect or refusal, by any two of the said Company, to be called by notice in the Koyal Gaietto at Fredericton, and in one or more of the newspapers published iit St. John, thirty days previous to sudi meeting, in order to organise the said Company, make bye laws, and to choose the Directors thereof, who shall continue in office until re-elected, or others chosen and appointed in their stead, at any meeting to be held under the authority of this Act ; that llie shareholders present er appearing by proxy shall choose the Directors of the said Company by a majority of votes, and the Dirrctors so chosen stiall choose out of their number one who shall be President of the said Company ; and in case of the death, resignation, removal, disqualification by sale of slock, or incompetency of any Director, the remaining Directors, if they thnik proper so to do, naay elect in his place seme other shareholder dnly qualified to be a Director, and the shareholder so elected to GU up any such vacancy, shall continue in office as a Dii«elor so long only as the person in wihose place he shall have been elected would have been entitled to continue if he had remained in office. XLI I. And be it enacted. That the said Directors shall have tlie power of calling exlraor- dhairy nteetiiigs of the said Company, when they may consider the same expedient or necessary, and of nominating and appointing all and every tlie officers and engineers and other persons oonnrcted with the said Railway, at such saUries or rates of remuneration as to the said Directors shall seem proper, subject to the bye laws, rules and reguUtions of the said Com- pany ; and the shareholder shall have the power from time to time to alter and amend, or to make such new rules, bye laws and regulations, for the good government of the said Company, and of tlie said Railway, and of the works and property hereinbetwe mentioned, and for the well governing of the engineers, workmen and other persons employed by the said Company, as to the major part of the said shu«bolders at the annual meeting of the aaid Company shall seem aaeet ; which said rules, bye laws, and regulations, being put into writing under the Com- mon Seal of the said Company, shall, if not disapproved of bv the Lieutenaut-Govemor or Adannistrator of the Qovemmeat in this Pravinee for the time being, a« hereinbefore provided, he published in the Boyal Qaaette at Fredericton, anu also in one or nsem of the newspapers published in the City of Saint John, shall be binding upon, and observed by all parties, aad sliall be suflicient in any Court of Law to justify all peraons who shall act under the eame. D2 NarahKof volato bo (ivm by ibmhalrkw •Mottaiixd. Void hj ftoxj. Fim mctting of the •lianholdtn to b« btid ■t Saint John, whea lOO.VOO;. art ntb- ' •eribcd. Directnra may call eltraonliiiory ineet- inK<, and appoint offiecn. Sliarcholden empow- ered tu make bjre-lawe at the annual laeatiiig. To be publlihed, and binding, it not diiap- proved by the Lieut.- Chnctnor. 30 FURTHER CORRESPONDENCE REI,ATIVE TO THE I, 1 , NRW BRUMSWIOK. Anmul iMftiD( AnwiBhiMOl of dincton. Two indhoN to be ■ppointtd >t th* lint ■nniitl mwtini, tiid OMclMeh mMtiog Un ii i fUi, Om mhUIot to fo out Mtcb jmt, but tu b« n-tUfibl*. Pftiodictl ueouiiU and balance eheeti to be •ubmillcd lo the •udilon, who ehall leport 88ession or power, belonging to the Company, the Justices may lawfully commit such officer to gaol, tliere to remain until he shall have delivered up all the vouchers and receipts, if any, in his possession or power relating to such accounts, and have delivered up all books, papers, writings, property, effects, matters and things, if any, in his possession or power belonging to the Company : Provided always, titat if any Director or other person acting on behalf of the Company, shall make oath that he has good reason to believe, u|>on grouniu to be stated in his deposition, and does believe that it is the intention of any such officer as aforesaid to abscond, it shall be lawful for the Justice before whom the complaint is made. PROJECTED RAILWAY FROM^HAUFAX TO QUEBEC. 91 inttaad of iuuing hit SummoM, to jhuo hi* Warrant for the bringing tuch offioor before two ■ueh Justices as aforesaid; but no person executing such Warrant shall keep such offlopr in custody longer than Iwentv-four hours before bringing him before some Justice, and it shall be lawful for the Justice before whom such officer may be brought, either to discharge such o£Boer, if he think there is no sufficient ground for his detention, or to order such officer to be detained in custody, so as to be brought bofore two Justicei at a time and place to be named in the order, unless such officer give nail to the satisfaction of the Justice for his appearance before the Justices, to anaarr the complaint of the Company. L. And be it enacted. That no such proceeding against or dealing with anv officer as afore- said, sliall deprive the G>mpany of any remedy which thuy might otherwise nave against such olScer or any surety of such officer. LI. And be it enacted. That the said Company shall annually submit to the Legislature, within the first fifteen days after the opening of each Session, a detailed and particular account, attested upon oath of the Treasurer ami two Directors, of the moneys received and expended by the Company under and by virtue of this Act, with a statement of the amount of tonnage and of passengers that have been conveyed along the said road. , LII. And be it enacted, That the Lieut.-Governor in Council may or Jer and direct the said Con-pany, and whereupon it shall be their duty to make up and deliver to the Provincial Secretary, Returns, according to a form to be from time to time proscribed by the Lieutenant'Govemor in Council, of the aggregate traffic in pasaongerit, according to their several classes, and of the aggregate traffic in cattle and goods respectively, on the said Rail- way, as well as of all accidents which have occurred thereon attended with ])ersonal injury, and also a table of all tolls, rates and charges, from time to time levied on each class of passengers, and on cattle and goods, conveyed on the said Railway, LII I. And be it enacted, That it shall be lawful for any number of shareholders holding in the aggregate five hundred shares, by writing under their hands, at any time to require the ■aid Directors to call an extraordinary meeting of the said Company, and such requisition shall fully express the object of the meeting required to be called, and shall be lell at the office of the said Companv, or given to at itast three Directors, or left at their last or usual place of abode ; and forthwith upon the receipt of such requisition the said Directors shall convene a meeting of the shareholders; and if for thirty days a^er such notice the Directors fail to call -uch meeting, tlie shareholders aforesaid, qualified as aforesaid, may cull such meeting, by giving thirty days public notice thereof in the Gazette and 'lewspaperi herein- before m this Act mentioned. LIV. And be it enacted, That thirty days public notice at the least, of all meetings, whether general or extraordinary, shall be given by advertisement in the Gazutto and ni>\vspapei-s hereinbefore in this Act mentioned, which shall specify the place, the day and hour of meeting ; and every notice of an extraordinary meeting shall specify the purpose for which the meeting is called. L\ . And be it enacted. That a toll be and is hereby granted for the sole benefit of the said Company on all passengers and property of all descriptions, which may bj conveyed or transported upon such Railway, nry of its branches, or in the steam boats or vessels connected therewith as aforesaid, at such rates per mile as may be established from time to time by the Directors of the said Company ; the transportation of persons and property, the construction of cars and carriages, the weight of loads, and all other matters and things in relation to>the use of the said Radway and its branches, shall be in conformity to such rules, regulations, and provisions, as the said Directors shall from time to time prescribe and direct ; ond such Rail- way and its branches may be used by any person or persons who may comply with such rules and regiilations : Provided always, that if after the completing the said Railway, the rates, tolls or dues that may be established by the said Company, under and by virtue of this Act, shall be found excessive, it shall and may be lawful for the Legislature to reduce the said rates, tolls or dues, so as the same shall not produce to the said Company a greater rate of clear net annual profits, divisible '.ipon the subscribed and paid up capital stock of the said Company, than fifteen pounds annually for every one hundred pounds of such capital ; and in order that die tnie slate of the said Company shall be known, it shall be the duty of the President and Directors thereof to file in the Office of tiio Secretary of the Province,' for the information of the Legislature, at the expiration of seven years utter the said Railway shall have been completed as aforesaid, a just and true statement and account of the moneys by them disbursed and laid out in making and completing the said Railway in manner aforesaid ; and also the amount of tolls and revenues of tlie said Railway, and of the annual expenditure and disbursements in maintaining and keeping up ttie same during ttie said seven years ; the said several accounts and statements to be signed by the President and Treasurer of the said Companv, and by such President and Treasurer attested to on oath before any one of Her Majesty s Justices of the Peace for any County in tliis Province ; and provided also, that it shall be the duty of the said President and Directors of the said Company, once in each and every year after the expiration of the said seven years, to file in the said office of thn Secretary of the said Province, for the information of the Legislature, a like statement and account, verified on oath by the President and the Treasurer as aforesaid. LVI. And be it enacted. That the said Corporation, after they shall commence the receiv- ing of tolls, shall be bound at all times to have their Railroad in good repair, and a sufficient number of suitable engines, carriages, and other vehicles, for the transportation of persons and articles, and be obliged to receive at all proper limes and places, and convey the same, when the appropriate lolls therefor siiall be paid and tendered, and a lien is hereby created upon all articles transported for said lolls. BRUMWICK. A vsnsBt lujr b* imNd an sadmil of b*li«ror inumito ta PraeMdinit afaim o9c«n not to dtplvt III* CniBiany of olhn Aocounl of aauffi nMirnl ind apnidoii to bt laid baron tha Lagialatun. Ratwns of Inflk to ba mada to tba Pnrrineial SaciaUrx. Powar lo call ai(nu»> diiiary mcaliiigt of tha Curopanjr. Thirty days' noliea by advertitement to lia givfit of all mectinga of tha Conipaiiy, Tollgraotadtotlw Company. Tlia ratca may b« reduced if fuund to ba Slalcment of eipaneaa and reeeipla to be filed in the Provincial^ Secretary'! Olllca fur the information of tlia legislature. Ohiigationi to )«v« tlie railroad in gooil regiair, &c., after com- mencement of receiiit of tolls. Lien granted. FURTHER COHRBt^PONDIirNCE RELATIVE TO THE NIV MIOMWtOK. Rlfbl at panhiaiiif Um mUw*) and IM •Mwn toHMMiyMlr'a GoTMIUMBt. If •!!•, intnli. Ac., to ■ilwaj ante th* dlnolioa of Hm FhU mutn-dtifnl. ! ■ »'l ComptiiMtian lo b* flird bjr igrMinnil or ■rbilimtion. NoiniiuUian of « Ion vkI umpirat. Her MaJMly'i FurcM of llw l.iir, Ac, lu b« miuinil. LVII, Ami Im it i>n»vided bIm, tmit tuch option uf purchaiH* shall not be exercised, except with the eonaant M tlM OMnpM>y« w h iU any lucli ruvi'««l acale of tutU, TareA, and charge* shall be in force. LVII I. And be it enacted. That it iliall be lawfnl for the PsslaaMtar Cleneral or hia ebiaf Deputy, or the (Kily uuihoriied aiithoriiitM with reference to ttie INiatOfioa i« thia Province, by notice in writing uiidor his hand or under the liand of hucIi D«p«ity «r authoriud authority as aforesaid, delivored to thn said Company, to requite ifcat the Maiia or i^aal Letter Ban shall from mid niter the day lo bu named in such notice (lieing not lass liuiD twanty-eigttt day« from the delivery thereof) be conveyed and forwarded k^ tbe aaid Cmnfoi' on their Railway, either by tlie ordiiuiry trains of carriafea or by apacial traiai aa need may be, at such hours or tiineti in the day or night, as tbe Poaltuaatur-GeMral ar hia Mtid Deputy shall dirdci, togeiliur with the guurds ap{)uiiitrd and employed by tha PuaHnaatar-Gaoeral or hia said Deputy in charge i hereof, and any oilier officers of the Poet OMaa; and ihereupcn the said Company shall from ami aOer tlie day to be named in tuch notice, at their own oooIb, provide sutBcieiil i-arriagi's and engines on ;he said Railway for the convayMKe of auoh Maib and Post l.rtirr Ba^s, lo the satislaction of the Poatmasler-Uciieral or hit Mud Deputy, and receive and tuko up, cui ry and convey by tuch ordinary or special train of carriagea or otbor> wise, ax need may lie, u'll such Mails or Post Letter Bags aa tlwll for thot fwrpota bo tendi^red to them, or uiiv of their offii-ert, ser^-ants or agenta, by any oilcer of the Poet O Bi i i, ami also to receive, taku up, carry and convey, in aiid upou the carnage or carriagea earrvinf inch .Muili or Post Letter iiof^n, the giiarda in charge thereof, aiMt any other oflrar or the Post Office, and wliali nu'eivu, take iiii, deliver snd Hiave such Ifailt or Poet Lotter Ba||0, guards and uirirer*, at hucI) ]ilacus in the line of such Railway, on tueb days and tuch houra or times in thu day or night, biid subject to all such reaaouaUe reyulolioaa and rtatrictiotia aa to speed of travelling, iduces, tinief, and duration of stoppagca and timet of arrival, m tho Postniasler-Grnerul or his said Deputy shall in that behalf from time to time order ordiiedt I'rouded altvayn, that the rale of s| eed required shall in no case exceed ihe maximuaa rale of speed prescribed by the Direclora of tbe aaid Company for the conveyance of paMengera by their first class tram, nor sliiill the Coinpany be ro«|)>)ntible for tlie safe custody or delivery of any Mail Baj;s so soiit. 1.IX. And be it eimcied. That the said Company shall be entillud to such reMonable remuneration, to be paid by tbe Postmastcr-Genural or his Deputy, for tlie conveyaneeof auch Mails, Poit Letter Ha^s, Mail guards and other oflBcera of the Putt Ofice, in mamier required by such Post master- General, his Deputy, or by tuch authorixed authority of the Poet OAeo as be shall in that liehalf nominule^as aforesaid, as shall (either prior to or after the commence* nient of such service) I e fixed iiikI agreed upon between tlie Poatmaster-General or tuch authorized unthoriiy and the >aid Company, or in case of difference of opinion between thena, the same shall lie ru'eired to the award of two persona, one to be named by the Poatmaster- G.neral, or hi.s IX;);uty, or such authorized aulhority,and the other by the laid Company; and if such two persoi s caiinoi a<;ree on ihu amount of such remuneration or eompeniation, then to the umpirage of some third person, to be appointed by such two firat named persons, pre- viouxly to ilieir enteriiis u|)on ilie inquiry ; and the said award, or umpirage, aa the case may be, shall be binding and conclusive on the said parties and their reapective tuecetsors and UMigns. LX. And be it enacted. That in all references to be made under the authority of this Act, the Poslmaster-Geperc!, his Deputy, or authorixed authority, or the said Company, as tbe case may be, slinll nominate his or their arbitrators within fourteen days afker notice from the other party, or in default, it shall be lawful for tlie arbitrator appointed bv tbe party giving Loiioe, to iKiin- tl>u other arbitrator, and such arbitraton shall proceed fortnwith in the rafor- eiice, and make liiuir award ihurein within twenty-eight days alter their appoiatmrnt, or other- wiie the matter stiiiU bt- left to be determiiH*d by the umpire, and if such umpire shall arfuie or iieirlect tu proceed and make his award for the space uf twenty-eight day* after the matter tliall liuvu been nferred to liim, tlieii a new umpire shall be appoiuteid by the two Ant named arbitrators, who r«hall in like manner proceed lo make hit award withia twenty-eight days, or in default be sii|)i rseded. and so totiet anodes. LXI. And bi' it eiiiictid, That the Directon of the taid Coispany shall be bound to pro- ride such convi-yance for the Officers and Soldien of Her Majesty't Forces of the Line, Oi'diiauce Cur|>r<, Murines, Militia, or Police Foroee, at auch time or timet (whetiier the same shall be the ii-uid hours of starling trains or not) at ahall be required or appointed by any officer duly aiitiiurizetl lor that purpose, and with the whole reaoui«ea of the Company; and the said Cfumpuiiy ayable from the said Company to anv shareholder or other person being a minor, idiot or lunatic, the receipt of the guardian of such minor, or the receipt of the committee of such lunatic, shall be a sufficient discharge to the said Company for the :^me. LXVI. And be it enacted. That before apportioning the profits lo be divided among the shareholders, the said Directors may, if they think fit, set aside thereout such sum as they may think proper to meet contingencies, or for enlarging, repairing and improving the works con- nected with the said Railway or its branches, or any part of the saiu undertaking, and may divide the balance among the shveholders. LXVH. And be it enacted. That no dividend shall be paid in respect of any share until all calls then due in respect of that and every other share held by the person to whom such dividend may be payable shall have been paid. LXVni. And bo it enacted, That the joint stock or property of the said Company shall alone be responsible I'or the debts and engagements oi the said Company ; and that no person or persons who shall or may have dealings with the said Company shall under any pretence whatsoever have recourse against the separate prop ty of any of the individual shareholders of the said Company, or against their person or persons, further tliaii may be necessary for tha foithful application of the funds of the said Company : Provided also, that no snare- holder of the said Company shall be liable for or rliurged with the payment of any debt or demand due fi-om the said Company beyond the extent of his share in tlie capital of the said Company not then paid up. LXlA. And be it enacted. That no suit or t.ctioa at law or equity shall be brought or prosecuted by any person or persons for any act, matter or thing done under the authority of this Act, unless such suit or action shall be commenced within six months next a(Wr the offence shall have been committed, or cause of action accrued ; and the defendant or defendants in such suit or action may plead the general issue, and give this Act and the special matter in evidence under the said plea, and that the same was done in pursuance and by the ' .uthority of thia Aot. LXX. And be it enacted. That if any person or persons shall wilfully and maliciously, or vrantonly and to the prejudice of the unoertaking, break, injure or destroy any of the works to be made by virtue of^this Act, or obstruct the passage of any carriage on said Railroad, or in any way spoil, injure or deatroy such Railroad, or any part thereof, or anything belonging thereto, or any materials or implements to be employed in the construction or for the use of the said Railroad, every such person or persons shall be adjudged guilty of felony; and every person so offending shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned iu the ProvincitJ Penitentiary for a terra not exceeding four years, which puniabment shall be in addition to any civil or other "nmedy for such offence. LXXI. And be it enacted, That this Company shall have all the powers and authorities which are or may be given by any Act or Acts of the General Assembly of this Province to MIW BRUNtWlCK. Coapsny may site tha mtM of etiugM. • H to Iw «f utl lo att ObH|*lion to I liiK of rieelrlul ttltgnpli tu ta laid down for (nd by H«i Uii—lj't QotrtniiiMOI. Hair-ytwlT dWldnd* of lh> proBtt lo b* msdt. Recti p(< of Eiuidisof of minon *oa con- millM of Inmlica to be good diiehargM. A portion of the proflto mir b» rcMTTtd Dtftm dtvlwing dividnd*. No dlvidrnd to b« |)tid on ihmim in unsr. Joint itook lo b« tlom rei|ion«ibl« for tb« Com|isn]r debit. Time limited for bringing ictione for uijrthing doM under tiii* Act. Ptiniihment for mali- ciuut tste, deelrojing worki, fto. Comptiiy lo We all the powen of comraii- •ioneri of roedi for removing ubetructioni. H FURTHER CORRESPONDENCE RELATIVE TO THE in 1 « f NKW BRUNSWICK. LwbLuura may •uttwrin Um oanatkioD of othct lailwtjrt. Act to ba Toid if nilwajr bo not com- (ilfttd within too jmn. CommooeoBMnt of Act. Form of pioi;. No. 4. Sir E. Head to EarlOnv. No. IS, All Ipril 7, Commiigioners of Roads for the purpow of removing' any obstruction or for selling or disposing; of &ny ai Jdes left on said Railroad. LXXII. And be it enacted, Hiat the Legislature of this Prorinoe may authorise other Corapanies to connect their Railroads with Uie Railroad of this Company nt any points on th<) route of said Railroad, and this Com|^ny may connect their Railroad with any ether Railroad existing or to be construoted within this Province. LXXIII. And be it enacted. That the said Oompany, to entitle themselves to the privilu^es, bonofits and advantafea to them granted in this Act, shall and they are hereby required to make and complete the said Railway within ten years from the passing of thu Act, aixl if the same shall not be so made and complete. . ■ • ;w *' ! SCHEDULE B. ■"' ' -■'* •■' '•■'-' ■•I--- ■ - Form OF Proxy. , -'< ■• I, A. B., of do hereby nominate, constitute and appoint C. D., of to be my proxy, in my name and in my absence to vote or give any anaeut or to dissent from any business, matirr or thing relative to the European and North American Rnilwny Company, in sucn manner as he the said C. D. shall think proper and for the benefit of the said Compiiny. In witness whereof I, the said A. B., have hereunto set my hand (or if a Corporatiom im/ the Common Seal of the Corporation) the day of One thousand eight hundred and .. ,-,-»,,. «-.»>.>-, ^. .^.■' ;,,. ■■■ ^ : V. /..* '. - • .... A.B. J. R. Partklow, * ■ Edmuno Head, Lieut.-Govemor. Provincial Secretary. *'''" (No. 32.) No. 4. rl i *• . Copy of a DESPATCH from Lieut.-Govemor Sir Edmund Head to Earl Grey. Government House, Fredericton, New Brunswick, .:■:.;:,; ,...,. „ May23,1851. My Lord, %!^ ' (Received June lO, 1851.) " I HAVE the honour to enclose a copy of a petition addressed to myself, as Lieutenant-Governor, together witli a copy of certain resolutions passed at a public meeting in the county of Restigouchc with reference to the Halifax and Quebec Railway. I have, in my Despatch of April 7, No. 15, sufficiently explained my own views as to the proposal conveyed in your Lordship's Despatch of March 14, No. 248. The county of Restigouchc is, as your Lordship knows, situatcvl on the Bay of Chaleurs. The difference of opinion thus manifested between different sections of the province completely exemplifies what I anticiimted in my Despatch to your Lordship of March 31, 1849, paragraph 10*. T have, &c,, The Right Hon. Earl Grey, (Signed) EDMUND HEAD. &c. &c. ^. * Page 71 of Papers relative to the Haliilkx and Quebec Railway presented to both Houses of PnrlisnMnt by Command, 8tb April 1861. T7T7 y (•a fit *J i PROJECTED RAILWAY FROM HALIFAX TO QUEBEC. 25 Enclosure 1 in No. 4. To hit Exoellency Sir Edmokd W. Heiid, Bau.. Lieut-Govemor and Cominander-in-Clii«r of the Province of New Brunmrick, &c. &c. The Petition of Adam Fbrouson, Charles Simomds, Pitbr Taylor. Chipman BoTspoRD, Geokob Mofpatt, and George B. Cowpbr, Brspbctpully Showbth, That your Petitioners were appointed a Committee at a very large and ananimoun county meeting held in Dalhousie on the 9th instant, to forward to your Excellency a copy of the Resolutions passed at that meeting, with a request that your Ezoellancy will be pleased to transmit such copy to the Colonial Secretary, aigt«« mule in tlie coiMtnictiou of the .'(lilway, the Ciiniiiuiy miiy lurvey. and Kx- wulive (toTeniment (frant 10 Ihe Cumnanj or Iheir anigtu, llie <'rown Lamta con- tigimui to tlie Line, Id Ihe eiteni of Ave milee on each tide thereof. (No. 2064.) No. 5. Anno Decimo Quauto VicTORii* ReoiNa. An Act fuii:her to facilitate the construction of the Europban and North American Railway. Passed 30th April 1851. I. Be it enacted by the Lieutenant-Goycrnor, Legislative Council, and Assembly, that when the line of railway contemplated by the Act of Assembly, made and passed during the jjresent session of the Legislature, intituled " An Act to incorporate the European and North American Railway Company," shall be surveyed and located, and a sum not less than one hundred thousand pounds shall actually have been expended towards the construction of the said railway, it shall be lawful for tlie said Company, at their own proper costs and charges, and under the supervision of the Surveyor-General of tnis province, to survey and lay out all the ungranted Crown lands contiguous to and within five miles of each nide of the said line of railway, in lots of one hundred acres or less, as the said Company may think most for the interest of the said Company, which said land so surveyed, or any of them, the Lieutenant- Governor, by and with the advice of tlie Executive Council, shall be, and he is hereby authorized to grant in foe simple to the said Company, or to any PROJECTED ItAILWAY FfiOM HALIFAX TO QUEBEC. 27 individual stockholder, as the said Company under their seal may direct, free iVom any charge, save and except the expense of survey as aforesoid : Provided nevertheless, that such lands are to be held on the express condition that unless five per cent, of the actuitl quantity so to be granted, either to the Company or to individual stockholders, be brought into actual cultivation within five years from the date of the said grauts respectively, then the said grants shall become forfeited and the lands revert to, and become reinvested in the Crown as if no such grants had been made : Provided also, that no one stockholder shall receive more than one acre of land for every one pound currency actually paid in by him to the said Company : Provided also, that no Crown landjs which may be within five miles of the St. Andrew's and Quebec line of railway, or within ten miles of the proposed line of railway from Halifax to Quebec, sliall be by virtue of this Act granted as aforesaid. II. Provided alwsys and oe it enacted, that nothing in this Act contained shall extend, or be construed to extend, to prevent the Executive Government from granting licenses to cut logs and timber upon the wild lands coming within the meaning of this Act, or to prevoit the Government from granting lands for actual settlement until the actual survey has been made under this Act, or at any time to prevent the Government from making any equitable condition which the Government may deem right in ii^'our of squatters upon such lands on the granting of the same. III. And be it enacted that this Act shall be and continue in force for five years from the passing thereof, and no longer. IV. And be it enacted that tliis Act shall not come into operation, or be in force, until Her Majesty's Royal approbation thereto be first had and declared. (Signed) J. H. PARTELOW, Private Secretary. NEW BRUNSWICK. Ortntt ToidabI* for mnl of impannMnt. Ctrttin Ludi exempted. Act not to pnclude the granting of Liceniee to ont Timber, &c., or grante to actual Settlen, Limitation of Act. Act •uipended till Her Majetty'a appro, balion hi decIaiM. E 2 mmmmssm NSW BRUKSWICK. 28 FURTHER CORRESPONDENCE RELATIVE TO THE s ■( f ■%i> .im.': Despatches from the Right Hon. Earl Grey, Secretary of State. I i i M No. 1. • Page 6. t P«go 7. No.2. Page 9. No. 2061. No. 2062. Na 2063. Junes, 1851. (No. 259.) No. 1. Copy of a DESPATCH from Earl Grey to Lieut.-Governor Sir Eduund Head, Sir, Downing-street, May 22, 1851. I HAVE to acknowledge the receipt of your Despatches Nob. 15* and 18,| of the 6th and 7th April, on the subject of the Halifax and Quebec Railway, and I have to direct you to inform the Legislative Council, and the House of Assembly of New Brunswick, that their joint Address to the Queen, and the Resolutions therein referred to, have been duly laid before Her Majesty. I cannot but express my regret that the Legislature of New Brunswick should not have considered the measure submitted to its notice on this subject, as one which it would be for the interest of the Province to adopt. Under present circumstances the further consideration of the subject must be postponed until I learn what may be the view taken of it by the Legislatures of Nova Scot'A >uid Canada. Lieut-Governor Sir Edmund Head, he. &c. &c. I have, &c.. (Signed) GREY. (No. 269.) No. 2. Copy of a DESPATCH from Earl Grey to Lieut.-Governor Sir Edmund Head. Sib, Downing-street, June 12, 1851. I HAVE to acknowledge the receipt of your Despatch, No. 16,* of the 7th April, transmitting ccrtiHed copies of three Acts passed by the Legislature of New Brunswick in its last session, entitled respectively, " An Act to incor- porate the European and North American Itailway Company." " An Act to facilitate the construction of the p]uropeuu and North American Railway," and " An Act to facilitate the construction of a railway from St. Andrew's to Quebec." Having referred these Acts for the consideration of the Commissioners of Railways, I have received from these officers a report, of which I now transmit you a copy for your information. Although it would appear that the most important of these Acts (that numbered 2061) is in some respects defective, I do not consider it necessary to recommend its disallowance on account of the imperfections {Miinted out by the Commissioners. I trust that without doing so, and thus delaying the com- mencement of the work, a sufficient opportunity for reconsidering the sulvjcct will be secured to the Legislature of New Brunswick by my deferring to submit the Act numbered 2U62 for Fler Majesty's confirmation. By this Act it is proposed that jjccuniary assistance from the Colonial Treasury to a very considerable amount should be given to the Company to enable them to construct the proiwsed railway. To this I have no rbjection, on the contrary, I believe that in the present state of New Brunswick it is consistent with sound policy that assistance should be given by the public towards the construction of the great lending lines of railway, and the particular line now suggested for encouragement is one which I think deserves it, for though it appears to me one of less importance than the projected line from Ha'ifax to Quebec, I regard it as not being calculated at ail to interfere with the latter (if properly regulated), but on the contrary, to contribute to its success. But while I am preiuired to advise that Her M^esty's sanction should be given to a measure for affisrding assistance to this line on the principle proposed by the Act now under my consideration, I consider it inexpedient that this should be done until the Legislature shall have had an opportunity of recoDsiderin^ the PROJECTED RAILWAY FROM HALIFAX TO QUEBEC. 29 Act No. 2061, and that the proposed assistance to the Company should only be granted on condition of its assenting to such amendments of this Act as may then be found advisable. I trust that the Legislature will careftilly consider all the remarks of the Commissioners, as I consider them to be of much importance, ond I fear thot the interests of the province may hereafter be exposed to serious injury if the amendments in the Act, which are suggested, are not now mode ; but there are only two of these amendments on which, as aflccting the interests of the empire at large as distinguished from those of the province alone, I consider it necessary to insist before Her Mt^jesty can be advised to sanction the grant of pecimiary assistance to the Company. The two amendments which 1 consider to be indispensable are those pointed out by tlie Commissioners as being required to secure the use on fair terms for the traffic between Halifax and Quebec of that part of the line of railway now propositi to be constructed which will be common to the two lines; and secondly, the conveyance of Her Majesty's troops and stores for their use along the line at reasonable rates of charge. I am not as yet enabled to express a positive opinion whether the Act No 2063 ought to be confirmed ; this question is still under consideration, but I hope to have it in my power to inform you, by an early opportunity, what decision may be adopted with respect to it. In conformity with what I have now stateri, the Act No. 2061 will be submitted to Her Majesty oi. the first opportunity, in order that it may be left to its operation. The Acts Nos. 2062-63 will not be laid before the Queen for the present. I have, &c., Lieut-Governor Sir Edmund Head, (Signed) GREY. &c. &c. &c. NKW BRUNSWICK. Enclosure in No. 2. Sir, Office of Commissionera of Railways, Whitehall. June 2, 1851. I AM directed by the Commissioners of Railways to acknowledge the receipt of your letter of the 24th ultimo, enclosing copies of three Acta passed by the Legislatur' of New Brunswick, entitled respectively (No. 2061), " An Act to incorporate the European > A North American Railway Company, and (No. 2062), *' An Act to facilitate the construction of the European an-1 North American Railway," and (No. 2063), " Au Act to facilitate the construc- tion of a ^tlway from St. Andrews to Quebec ;" and I am to acquaint you in reply, for the information of Bart Grey, that, agreeably to his Lordship's request, the Commissioners have taken these Acts into their consideration and have made the following observations upon their provisions. By the Act No. 2061, it is proposed to incorporate a Company for the purpose of making a Railway which in Section 3 is described as " A Railway to run from some point or place from the eastern boundary of the province of New Brunswick in the county of Westmoreland, so as best to connect with a Railway to be constructed from the city of Halifax, or some other part on the eastern coast of the province of Nova Scotia on the Atlantic Ocean, over the most prac- ticable route through the province |of New Brunswick so as best to connect with a Railway to be constructt'd from the city of Bangor, in the United States of America, to the eastern part of the State of Maine." It appears piobable that the direction of a considerable portion of this line, near the eastern boundary of New Brunswick, will coincide with that of the projected Railway from Halifax to Quebec, the construction of which has already engaged the attention of Earl Grey, as an under- taking calculated to prc'mote the interests both of the colonies and the mother country, and therefore entitled to encouragement and assistance on the part of Her Majesty's Unvei-uinent. It appears from Mr. Hawes' letter to Mr. Howe, of the 10th March, 1851," thai one ot the conditions of aflbrding that assistance would be, that the proposed Railway should bu an entire line from Halifax to Quebec, passing wholly through British territory ; but it wour". not be considered an objection to the plan, that it included a provision for establishing a coniniunicatioii belweeti the Railway and the Railways of the Unitetl dtates. The above mentioned portion of the Railway proposed in the present Act might therelbre form part of the main line of the Halifax and Quebec Railway. And as it would be expedient that the whole of that line should be under the same management, the Commissioners suggest that it might be advisable to sti- pulate with the Company incoqioratcd by this Act, that, in the event of uriaiigriuents being matle for the construction of the Halifax and Quebec Railway through th's part ol the piovince ol New Brunswick, it should be obligatory on the Company to transler the common portion of the line to the parties entrusted with the construction of the Halifax and Quebec Railway, for a • See Correipondencf reUfing to the Civil List «nd Military Expenditure of Canada ; and to th« projected Bailwuy from Htlifax 'o Quebtc Prcienlod by Command, April 8, Uil.. Eiirl. in No. 2. 30 raRTIIER CORRESPONDENCE RELATIVE TO THS NBW BRUNSWICK. % hy Mim equhnlMt to tlw outlay inoumd by the Compaiqr in makioK that portion of the line ; and, with this view, that the aeoounta relative to it* comtruction should be kept in suoh a manner as to afford the nMBOs of apportioning the outlay accordingly. The Comraitfioners proceed to convider certain provisions of tliis Act, which appear to them to call for remark. In the Ist section, provision is made for submitting the Company's bye-lawi to the Governor of the province for his approval ; but no power is naerved (ru in the Imperial Act for the legu* lation of Railways 3 and 4 Vict. e. 97, s. 9) of disallowing the bye-laws at any future time alter they shall have come into operation. And this power appears to be necessary for the complete- ness .of the controul over the bye-laws intended to oe vested in the Governor, who would otherwise have no power of suspending the operation of a bye-law that was found to be objec- tionable. By section 5, the Directors are authorixed, until the Railway is completed, to pay interest to the uiareholders on the amount of the calls paid up by them. In former Reports on New Brunswick Railway Acts, containing a similar provision, the Commissioners took occasion to observe, that provisions of this kind were at one time frequently inserted in English Uailwav Acts ; but in the Session of 1847 a resolution "'as passed by both Houses of Parliament fwhicn has since been adopted as a Standing Order) requiring the insertion in every Railway Bill of a clause prohibiting the payment of interest out of capital ; and it might therefore be worthy of consideration whether the reasons that led to that resolution were equally applicable to the coiony. By section 38, it is provided that the Act shall not be revoked, altered, or amended without the consent of the Company. This is inconsistent with the first racommendation in Mr. Secre- tary Gladstone's Circular Desnatch of the 15th of January, 1846, and the clause there referred to as proper to be inserted in ail Colonial Railway Acts, viz. : — " That nothing herein contained shall be construed to except the Railway by this Act authorised to be made from the provisions of any general Act relating to Railways which mny bo passed during the present or anyAiture ses- sion of Parliament." A clause of this kind is invariably inserted in English Railway Acts. Section 88, after providing for the level crossing of roads, authorises the Company, " if they shall deem it more condu->ive to the public safely " to substitute a bridge over or under the Railway for the level crossing. The Commissioners would suggest that a matter of so much importance to the pubiic should not be left entirely to the discretion of the Company, but that power should be reserved to the Governor of the province, or some other public officer, of re- quiring the Company to make the alterations which the increase of traffic on the roads, arising from that on the Railway, may hereafter render necessary, although at present a level crossing may be allowed without danger. ^tinn 55 gives the Company the power of levying tolls for the conveyance ofpaisengers and goods. But tM Act does not provid any scale of maximum charges for such conveyance. And Uiis defect does not vpptmt to be remedied by the power of revising the tolls, and tne option of purchasing the railway reserved to the Government by the 55th and 57th sections. The exercise of those powers is dependent upon the event of the Company's profits exceeding a certain rate per cent, on thair capital. In former communications addressed to the Colonial Office, the Commissioners have stated that, although such provisions rnny have been introduced into Colo- nial Railway Acts for the purpose of thus iiiiimatine the possibility of future revision and uurchase, yel, in their opinion, it may be questionable whether they can have any other practical effect. The provisions in section 61, with respect to the conveyance of troops, appear to be defective in not specifyip}! the terms and conditions of conveyance, as provided by the corresponding enact- ments of the Imperial Act, 7 and 8 Vict. c. 85, s. 12. The 59ih section adopts the provisions of the I3th section of the Imperial Act, 7 and 8 Vict. c. 8.5, with regard to the power of the Government to establish a line of electrical telegraph on the Railway, but does not contain any clause similar to the I4th section of that Act, for pro- viding that the telegraph, subject to the prior right of use by the Government, shall be open to all fwrsons, witiiuut favour or preferenco, and at equal charges. In the absence of any general legislation on the subject of railways in this colony, it is necessary that every New Brunswick Railway Act should comprise within itself the whole of the provisicns that may be considered requisite for the protection of the public interests. Provision is made by the present Act for the conveyance of mails and troops, for laying down an electrical telegraph on the line of the railway, and for making returns of traffic and accidents. Bui of the other matters which in this country have been made the subject of general legislation, with a view to the public safety and convenience, the Commissioners would particularly observe that the Act does not contain any provisions similar to those of the Imperial Acts relating to cheap trains, the appointment of inspectors, and the opening of the railway after notice and inspection, and the construction of bridges over roads. The Commissioners are desirous to driw the attention of Lord Grey to these variations from the course pursued in lugisliiting upon railways in this country, leaving it as a matter entirely for his Lordship's consideration what degree of importance is to be attached to them with reference to the local circumstances of the colony, and whether any correction may be called for in tlik' way of supplementary legislation. The object of the Act No. 2062, is to afbrd the Company incorporated by the first Act the aid of the public credit of the colony in raising part of the money required for making the railway. 'I'his is proposed to be done by authorising the Govempr of the province, as soon as the shareholders have paid up capital to the amount of 10,000/., to take shares in the Company to the like amount, and pay for them in debentures for that amount the payment of the intenst and principal due on such debentures being guaranteed out of the revenue of the ■■ PROJECTED RAILWAY FROM HALIFAX TO QUEBEC. 31 province. Similar istum of debenlurM are authorised when further payments of 10.000/. have lieen made by the shareholders, the whole amount of the guarantee being limited to the prineipel sum of 250,000/. A proirct which tlius throws itself upon the public for assistance in raismg so large a part of the funds required can hardly hold out any very inviting prospecfs as a com- mercial speculation. This circumstance obviously places the Company in a situation that affords an opportunity of making stipulations with them on behalf of the public with regard to the modification of the provisions of their Act, and for arrangements adapted to render the project subservient to the more important undertaking of the great line from Halifax to Quebec, and to prevent the aid solicited in the present Act from interfering with an^ engagements entered into by the colonial Governments with respect to their several contnbutions to the expense of makini; that line. By the remaining Act, No. 2063, it is proposed tc> authorise similar assbtance on the part of the colonial treasury to the St. Andrew's and Quebec Railway Company : but the guarantee is to come into operation when no more than 2,000/. has been paid up by the shareholders, the whole principal sum guaranteed being limited to 50,000/. Other Acts, us the Commissioners are informed, have already been passed for tlie purpose of giving encouragement to this under- taking, both by the free grant of Crown land and the guarantee of interest on advances of money. As far, therefore, as relates to the conditions upon which the further assistance now sought for might be granted, the observations that have been made on the Act No. 2062 appear to app^ with nearly equal force to that at present under consideration. I have, Ac., (Signed) J. L. A. Simmons, Herman Merivale, Esq., Captain Royal Engineers. &c. &c. NKW BRUNSWICK. II / • #