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Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 M'aoCOK MSOIUTION TBT CHART (ANSI ond ISO TEST CHART No. 2) 1.0 I.I Ui |Z8 |2J us lit ■ 37 ■ 2.2 Hi Hi, ■^ u LS. 1 ■ 2.0 I^lU^lI APPLIED IISAHGE Inc I'lS) tai - 0300 -PI :.|^:.i^ h."''' •fw"-'-^:^ ^ :<■-•■"•»*' '-t - ■? .l^r_,-.^ ""■"■-#;^.^^ J/- Trust Deeds, Acts of Incorporation, and Statutes RKLATINO TO THIS Dominion Iron & Steel Co., LIMITED, DOMINION COAL CO, Limited, By-Laws thereunder. HAUPAX : Thi' CuKONItMi. PlJBMSmW. CljMl-ANV, UmIYHM 1902. '■% HI? Trust Deeds, Acts of Incorporation, and s:atutes K i;i..\Ti Nd Til thh: Dominion Iron & Steel Co., LIMITED. DOMINION COAL CO., Limited. By-Laws thereunder. HALIF.W : TllK (.llK.lNHl.li I'i'Bl.lSHINi; CllMl'ANV, I.rMllM.. lUf- Doiniiiioii Iron it Steel Coiiipiiny, Limited. T' •■; IK-1-.1 i.f Ttii.t Ilv.|a». II Act iif InL-i>r{M)riittiin ^ Art AiiirmliiiK Vt'luf lnt'i>r|»nili<.ii „ lir.l \Krc.-m.-nl l.t«r..ii I)oiiuiii...i Iron \ t,.,-l C,iiM|.ni> , I.iiiiiltd, an.l I), iiitnl |. ,,, All Inrtli.r AimiicliiiK \,i .,( Iiiif.r|«.nili.,n ,,, A.l l.ifiulik-Towiiiif Sjilnry to llxproiiriuti- l.ui.l ,,, Aft 111 finihlc Town of Sy.lni-y to fiirtliiT reiiiil.iirM- liui.l o„„rr,. ,i Alt lo rncoiiraKp ..i|. inutini! oi Iron iiml Slril iiitliin thi- iT..- vtiicf of Nova Si-iitin Alt to (.niviilf for Doiintirs on Iron anil Stii-1 nia.li' in (.anii.la. \rt rt.iii rlinti llonnlfn on Ir I stitl niaili- in Canada j; Supplcini-ntari Auri-.-nif t Ix-tmi'ii Dominion Iron St Stcrl Cii. Ltd. anil I>inninion Coal Co , l.iniiteil ^-i Suppl mifnlary AKreinirnl tn-tviTui lloniinion Iron S Stn-I Coiii- imny. I.til.. with referfnceto CafH t,j I'inal AKm-inrnt of Lctm- IjrtwKn D'.'niinion CiKil Co.. I.til.. an. I l>i'niinion Iron ,S( Stn-I Co., I.iniiteil ,,,,, ,,, r DEED OF 'l^RUST. Dominion Ikon and Steel Company. Limited, National Trust Company of Ontario. Limited. «?hW Jfndfnttirf, ..mde this first dav nf Tnl ■ ., Lord one thousand eiirht l,„„Hr 7 >-- '' " ' '" ""^ ■™"°* "'" the Dominion Ir™'a',t^ Scrna':,':"'*""''';'.''-^"'"'* •"'-"■ orRanized and existinL- under tlu^n?'.' t"'"}"'^' " ^fpo^tion Scotia, liereinafter caMed t e fn^J °' ""^ ''™""'^<^ °f '^'ova the National Trustt^fpll . 'oT'So'^Ti.^l/'r '"' P^*"' ^"'^ organized and existing under the hws of „ u ■^' •'' ™^P"™tion hereinafter called the Tn see «^.iM ^ ^^ '^.^V'"'''^ "f <»>tario, cessorsintheofficeof TrnSS.r /I'"'' '"'^''"'^ '"»• ■•«'^- part, wiTNESSKTH :_ ^''^ "'^^'^•'' !««>• of the second Iron and Steel Contpan I iuntd" ,, ?!, ""T'^'" ''''^ °°""''ion a..d to secure the same ,'v a ortfA J r;;"^.'° '*"'" ''^ honds portion of its proZn^-^""^^T, T '^"^f f '"'''' "^ =»" "^^-v ownedorenjovfdb^^^atTeda'te of 7"* ^""''"■*''' ^''^'her tn,storthereaifteracq,;i?ed;a„d '' "'°"»^«^" »' ''^•=d of there^"::::^,:^b:;;r:„cr?'t,r'^,e"r ir^ """ p™"-- ~o- to authori j[;r:l^l,r']«Ce' h:^n^^^^ preu-^aud^f :,:::::,:; „ft,/;;;S?';" ---^'-tion of the Trustee, the receipt Xrt is iS.: I '" '■»"d P^id by s,aid the pa, ment of the interest at^dZ^'inir'"''*^?' """ '° *"'« de,scribed, according/ rXTera^s^P'lff"' "^ ,'»"'^' ''"«fter of the fore^oin, pokier ^^^:^CJ^;.rr^,:;'^--- rniv^r^' • "^'^ ™^''''"?' ''"*•'>■ «*"■• K™«. •^'gain, sell, Nat on;i ?;?,','^\^'^"' '"?^'' *.' °™^ "■«' ^«^"«' ""to the said National Trust Company of Ontario, Limited, Trustee and its suc- cessors m sa.d trnst all and singular the lands and lands cove"^ with water, chattels, real and personal, building,, grante of minerals, leases of minerals, leases of mining areasf Hcinses and rights of renewal and the mines, iron, limes?one and otheT ores smelting furnaces, steel mills, coke ovens, rolling mills, coa hon'J"' .'""'^'""^T;. P»'^"'f' '•^"*ays. 'racks, roadbed, iation of XVI'^'";- ''"*^ '""''• -^'Jf • ■'"«'''• ^^""^ =>"■ ""I"' ^^ "»"<'' 0^ ""Pon- ^cured by this rnmtgage, according to the terms thereof, whether demand {^ smA payment be made on the days such interest or principal be- far'nTni'l'rf" " fJ'- ""'•* h^^f'ef. «nd s"eh default shall continue ^^i^fr^:^^^^:^:^'-^^'^ '-- *-- «'- (b) Fail to make any payment to the Trustee for the our- S mheZ'""H' "' ,'^^ f""^ ''"'' "' ">^ ■"-"- >«' forth in ni^-, % hereof and snch failure shall continue for a period of (c) Fail to pay any taxes, assessments or public charges of mL"^'^' ''''^•^''''' '^^'"'^ •"«>■ ^ lawfullv^evied S the Hh^r^ r^''>' P""'^K^^ <"• f^nchises by an "Tublic authority whatsoever, and such failure shall continne for a wriod of ninety days after the same become due or payable and the'^om pany has been notified by the Trustee to pavThe same or if X legality of any such taxes, assessments or public chaVs is ^l puted, then, i„ case such failure shall continue foTperi'od 5 .e^^^d?.^or%t^ r' •■"^•^ '^■^" «"^">- ^"•i"'"^^^ - ^ ^ r ^^K ^^''^P°" demand, made by the Trustee, to execute and deliver to the Tnistee such further deeds or con eyance, Is the Tnis ee may require for the better securing to the Trustee T{ the title to any property, powers or franchises^ now owned, or wli ch nay be hereafter acquired by the Company and which areTntriided Tt^riSTninit T "r"*^' l"^ "'=" ^^"'"^ ''''«" ^-tin™ a period of ninety days after such deiiKind ; or, r^rt^^J'^'V^ ^r^""" "">■ °f the covenants upon its part to be performed and herein contained, and such failure shall continu^ [rby rTn^t^T" " '"'" "°"" "' ^^^ ''"'"' -^^-^ "^" Then, in each of the cases mentioned in clauses a, b, c d and e^ upon the expiration of the period of time mentioned, the Tnistee ' may, in its discretion, or upon the written request of the holders of a majonty of the outstanding bonds secured bv this mortgag? and upon being furnished with sufficient funds for that purpoSe, ot f5 V"'^^*^,'" '^ reasonable satisfaction, it shall be its dutv to tiro- Ses wWl,r ?'"" °'*'' '""rt^^K'^- The Tnistee shall, in all rases, whether acting on its own motion, or upon request as afore- ^ d have the nght to detennine which of the^ methods of iT^fT^' ''"""^f'"^,' forth or which are lawful under the h shal fdZ T; °; ' '^™''""' "'■"^ "'^ P^°P«rty is situated. It shall adopt, and its decision upon this subject shall be conclusive, ,f„r "-^ ^^i^ '''"T'? '"''^' ^^^^' '•'^'""l' hy the Comp5n^ as aforesaid, enter and take possession of all the property, po^rs ani franchises of whatsoever nature, then subject to these presents, and thereupon said Trustee shall be entitled without let or hindrance from the Company and through such officers and agents as it may appoint to hold, manage, enjoy and operate said mills, furnaces, ovens, works, mines, railways, ships, and other property of the Com- pany of every nature and kind and wheresoever situated, and receive the revenues, issues, rents, tolls and profits thereof for the benefit of the bondholders, and to remove from the mines, manufacture ami sell coal, iron ore or other minerals, and to make needful repairs, alterations or improvements upon the mortgaged property, and in _generBl to carry on and conduct the business theretofore carried on by the Company and to exercise all or any of the rights, powers, privileges and franchises of the Company within its Charter, for the benefit of the bondholders, until all the bonds secured by these presents, together with the interest thereon, shall have been paid m full, or until such time as said Trustee shall sell said mort- gaged property as next herein below provided ; or (2) The Tnistee may, after default bv the Company, whether with or without previously taking possession of said property, powers, and franchises, sell the mortgaged property, rights and franchises, in whole or in part, at public auction to the highest bidder, at such times and places as it may designate and on such terms and conditions as it may deem proper, having first given sixty days' notice in writing of the t^me, place and terms of sale, to the Company, and publishing such notice not less than five times a week for eight consecutive weeks in one or more news- papers of general circulation published in the cities of Halifax, Montreal and Toronto in the Dominion of Canada, and Boston Massachusetts, St. John's, Newfoundland, and in the capital city or town of any other County, Province, Colony, State or territor>' in which any of the real estate of the Company may be situated. Said Trustee shall have the right to adjourn such sale or sales from time to time, in its discretion, giving reasonable notice of such adjournment, and shall have the right to make successive sales of portions of the mortgaged property remaining undisposed of at such sales. Said Trustee is further authorized and empowered in case of sale as aforesaid, and is hereby constituted the attorney irrevocable of the Company, to execute and deliver in its ^ mi name, or in the name and under the seal of the Company, such deeds, bills of sale or other lastniments in writing and to do such other acts and things as may be necessary or proper to vest in the purchaser or purchasers at such sale or sales a valid title to the propertv powers and franchises so sold, free from any rights of redemption of the Company ; the Company hereby ratifying and confirming every such act or deed as said Trustee, either in his own name or as such attorney, shall lawfully do in the premises. Such sale or Mies shall be a perpetual bar, both in law and in equity, against the Company and all persons or corporations claiming by, through (3) Said Trustee may foreclose this mortgage by proceedings and suit of foreclosure m any court of competent jurisdiction ; and It 15 hereby specially agreed by the Company that, upon the defaults hereinbefore recited, upon the commencement of ^d pro- ceedings of foreclosure and the filing of the bill or other proceed- ings, whether in law or equity, the Tnistee shall be entitled to the appointinent of a Receiver or Liquidator, without further notice to the Company, who shall be eutiiled to the immediate possession of all the property covered by this mortgage. Said Trustee shall likewise be entiUed to the specific enforcement of anv and all covenants contained in this mortgage. In ca.se immediate action shall become necessary for the pro- tection of the bondholders, it shall alwavs be within the power of the Trustee, upon any Lf the defaults Aforesaid, without waiting for the request of the bondholders, and it shall be its dutv unon receiving the written request of the holders of a majority of the bonds then outstanding setting forth the necessity of such im- mediate action, and upon being provided with funds for this purpose, or indemnified to its reasonable satisfaction, to enter and take possession of the mortgaged property. But it is expressly understood that such obligation or action on the part of the Trustee shall only be required to be exercised when the exigency is im- mediate for the preservation of the rights of the bondholders, and that this entry may be made as a part of proceedings for sale, or the proceedings for foreclosure in the courts, and that in such case the Tnistee shall not be called upon, or obliged against its will ' to manage and work the property further than may be necessan- u 11 u P''°''''^"°" °f ""^ bondholders, as aforesaid, but its duty shall be .satisfied by simply performing such acts as may be neces- sary for the immediate protection of the interests of the bond- holders, and the possession of the property shall be required to be held by said Trustee only so long and so far as may be essential for this purpo.se, and may be relinquished by said Trustee, when such purpose has been accomplished, bv transferring said property . to the Receiver or I^iquidator, if appointed, or by sale of the ^me or otherwise, in the discretion of the Tnistee. ' At any sale o^ sales, whether made under the power of sale herein contained, or in pursuance of any foreclosure proceedings instituted by said Tnistee, it shall be lawful for safi; Tnistee or for any one or more of the bondholders alone or associated with said Tnistee, to purchase any portion or all of the property 5o sold, and no purchaser at any such sale, except said Trtistee, shall be obliged to see to the application of the purchase money ; and at any such sale or sales the purchaser or purchasers shall have the right to make partial payments of the purchase price by a delivery of bonds secured by these presents, said bonds to be re- ceived in part payment of said purchase price at an amount equal to the sum which would be received in respect of such bonds upon the distribution of the proceeds of said sale, as hereinafter provided. The purchasers at any such sale or sales, in case they enter into possession of the property purchased, are authorized, so far as the Company has authority to confer such power to organize themselves into a corporation in the manner provided in an act of the IvCgislature of Nova Scotia of the year 1899, entitled " An Act to Incorporate the Dominion Iron and Steel Company, Limited." The proceeds received by the Trustee from the enjoyment and operation of the mortgaged property, in case it shall take posseFsion, and also the proceeds from any sale or sales under the provisions hereof, shall be applied (i) to the reimbursement of the Trustee for all costs, charges and expenses incurred by it in connection with the management or operation of the mortgaged property, or in connection with said sale (including a reasonable compensation to the Trustee for its own services), and of any other charges which are, or may have become, due in respect to the mortgaged property up to the date of sale, the non-payment of which would subject any portion of the property, powers or franchises, covei;ed by this mortgage to any forfeiture or to any liens having priority over these presents ; and (2) to the payment of the principal of such of the bonds secured by this mortgage as may at that time be unpaid, whether the same shall have previously become due or not, and any interest, which s lall at that time have accrued on said bonds and be unpaid, without discrimination or preference, but ratably to the aggregate of said unpaid principal and accnied and unpaid interest added together ; and (3) after the satisfaction of all bonds secured hereby and the interest thereon, the surplus of such pro- ceeds, if any, shall be paid over by said Tnistee to the Company or its assigns. In case of any default by the Company, as hereinbefore pro- vided, it shall be the duty of the Trustee, upon the request of holders of a majority in interest of the ontst?i>ding bonds to declare the principal of all outstanding bonds to be due and payable, whether the same are then due according to their t'rnis or not, and the same jhall thereupon be and become at onft due aud payable. Upon any such default and demand of possession by the Trustee, it shall be the duty of the Company and its officers. aReiits and senants, without delay, to surrender and deliver to the Trustee all the mortKaRed property, privileRes and franchises, and also all hcoks of acconnt, recoris, deeds, leases, contracts and writiivp of whatsoever nature relatin,? to the business or propertv of the Company in order that said Trustee may be fully informed as to the nature, situation and nianaR:ement of the same ; and to exectite all such instruments in writing, and to do all such other arts and things as may be necessary or desirable to put the said 1 rnstee in the actual possession and enjoyment of all the mort- KaRed property, and of the rishts, privileges and franchises pertaining thereto and enjoyed therewith. The powers conferred upon the Trustee by this article are not 111 substitution for such remedies, bv wav of foreclosure or other- wise as may be conferred upon mortgagees bv the laws of \ova hcotia, or by the laws of any state or countrv where the mortgaged property may be, but are in addition thereto, and it shall b^ the duty of the Trustee in case of default as aforesaid, to enforce this iiiortc:age by such methods open to it as it shall deem for the best interests of the bondholders. It shall be the duty of the Trustee, in case of auv violation of these presents by the Company to ser\e forthwith such notice upon the Company, gr make such fonnal demand upon it as mav be iieces.sarv under tlw provisions pf sub-sections a, b, and e, to establish a de- fault and to entitle said Trustee to enter into the possession of the mortgaged property and commence foreclosure proceedings : but the Trustee shall not be held or required to give or serve such notice unless it is notified of such violation bva writing signed bv the holders of at least one-fourth of the bonds outstanding and therein requested to serve such notice upon the Company. Any notice to or demand upon the Company required to be given by these presents may be given to or made upon either the president or treasurer of the Company, and any such notice or de- mand so given or made shall be binding upon the Company ARTICLE II. BONUS. The bonds to be secured by these presents aie of even date herewith, aggregate in amount the sum of eight million ($8000- 000) dollars, and bear interest at five per centum per annum, pay- able semi-annually. The bonds are numbered consecntiveh from one (i) upwards and are of substantially the form foUowini; DOMINION OF CANADA. No , PROVINCE OF NOVA SCOTIA. DOMINION IRON AND STEEI. COMPANY, Limited. FivR PKR C8NT. First MoRTOAdK Gold Bond. The Dominion Iron and Steel Company, Limited, for value received, promises to pay to the bearer, or if registered to the reps- tered holder hereof, the snm of dollars in gold of the present standard of weight and fineness, at the office of the National Trust Company of f )ntario, Limited, in the city of Montreal, Dominion of Canada, on the first day of July, igjg, with interest thereon in the meantime at the rate of five per centum per annum, payable semi-annually on the first days of January and July in each year, at the Dank of Montreal in the City of Montreal, said interest to be payable either to the bearer of annexed coupons upon their surrender as they severally become due or to the regis- tered owner of this bond in case of the surrender of all unpaid coupons for cancellation as provided in the u:ortj;agc securing the same. This bond is one of the series is.iucd and to he issued by the Dominion Iron and Steel Company, Limited, and is secnred'by a certain mortgage deed of trust dated the first dav of ^ily, 1899, conveying to said Na^onal Trust Company of Ontario, Limited, xs Trustee, all the property, revenues, privileges and franchises owned and enjoyed by the Company at the date of said mortgage, or which it may thereafter acquire, with the exceptions in said deed set forth, and will be valid only when authenticated by the certifi- cate hereon of said Tnistee, or its .successor in said tnist, that it is one of the .series referred to in said mortgage. Said mortgage provides for the creation of a sinking fund in the hands of said Tnistee for the retirement of said bonds before maturity at one hundred and ten ( 1 10) and accrued interest. The principal of this bond may \ie declared bv said Trustee due and payable twfore maturity, in the event of default, as pro vided in said mortgage, and this bond, eqnallv with all other bonds of the series, is subject to be called and paid by .said Trustee at any time before maturity in the manner provided in said mortgage, at par and ten (10) per cent., premium and accrued interest, and in- terest will cease to be pavable on this bond if it is called from and after the date fixed in said call. In Witn-K-ss Whereof, the said Dominion Iron and Steel Company, Limited, has caused these presents to be signed in its name and behalf and its corporate seal to be hereto annexed, this first day of July, A. I). 1899, by its President and countersigned by Its Treasurer, thereunto duly authorized. DOMINION IRON AND STEEL COMPANY, LIMITED, By. - President. Treastirer. COl'PON. No , On the first day of the Dominion Iron and Steel Company, Umited, will pav to the bearer at the office of the Bank of Montreal, ine the right as a condition of iU assei to any such sale, exchange or other disposition to exact such coi ditions as u may deem desirable in order to secure a compliance h the Company with the above provision. The Company hereby covenants with the Trustee that excet !^r^*!"" /'•'"!"' '.'•' "" »"'' enjoyment of said property in tfi prosecution of its business, it will not commit or pennU any stri or waste thereof, and that except as hereinafter provided, i\ wll without exception of any negligence, force, misfortune, act of Go or other exceotion whatsoever, always maintain the railways, rol mg stcck, buildings, machinery, appliances, whar%es and shippini ^TH ^l "" '"S'-'K^K'. '" Bood working order and condftlon that It wil , from time to time with reasonable diligence, repaii renew, nplace and rebnild any part thereof which may be dam^ tlf^jiTT'^' o""*"!"""^ °«her property therefor, so Urn rondUion. "'•'' "'""'" '"■' •* '"K°«' working orfer am And it further covenants with the Trustee that it will not d( or omit to do any act ur thing whereby any part of its property te^ofoS"; ^-^"^•"-^ ■"^>'-™'- '-' ormaj^b^om^ Nothing in this mortgage contained si.all impair the right ol the Company to iiiake such modifications and cliauges in the con- aoriia„°L J f?'<>.^^"*='>«. rolling stock, building, luachiner thlrr"Z ""^ 1"PP'"« ^" "J^>' ** '*1'"^ '■■' "'« development o tionsaS^^'^ '"*? *"^ property, preser^inK i" all substitii- tions at least an equivalent intrinsic value. t .. T';«5°™Pany further covenants, and agrees, during the life of this indenture, to keep .such of its plant, p^perty. building^ „„d «s •ppiirtenancM u arc iiuunblc, inrared ictinst low or daman by ^n.blv'nrXr'.T" '" "'JT^ '""'"''«• '" ""•' """ "^'•l' made payafele in caw of lo«, to tlit Tn,«« hereimder a, iu inlerct may appnr. In ca« of lo.., however, the Tmrtee .ha" allowaI,n«,r.„„ money received by it on ;nch polic"ofi,. ...ranee to be applied by the Company toward the r^«ement rf the property destroyed or injured^ if the Company wrequAt. h^ o^rtS'tr^r"""'- "T T*" *''"'" '«l..«.«^y".5? "none" over to the Cmnpany for that purpo«, on receipt of votichera X^ thii "''!. '''""'"' ""dTrea..!^ of the Co^npan^, Tth" plant or property costing as m.:ch as the amonnt of monev paid oyer on «,d voncher, ; but if the Company shall not wiSn rZl'V^^'^' 'T"" '""' °' ""y '"'h loss, make s"ch wrStJe" request to have such msiirance moneys 30 applied, then sncli ins.ir- JXInr*'';^^!!"^- 'PJ'""' ''>• ••" Tm^t^tothepn^hal^i ^ redemption of bonds .n the manner provided in Article III. ARTICLE V. TAXKS AND Fl-RTHRR ASSfRANCR. ,11 Ji!!? .^"'"P""'' covenants with said Trustee that it will pay all valid taxes, assessments, and public charges of -vhatsoever nat,.re wh.ch may from time to time be levied npon it or its pr" perty by any public authority whatsoever; and further covenants UetTiZl^V *'" "'^Pu"'* •"ortgaged property free from any Hens or inci.mb.ances which are, or may become entitled to priority over this mortgage. ' The Company further coNenants with said trustee that it will from time to time npon the request of «.,.! Tru-stee, execute and (leluer to it such further conveyances or transfers as said Trustee may deem advi.sable in order to confer upon said Trustee the full legal "tie to any property now owned or which inav be !:ereafter acquired by the Company, saving and excepting any property whicu may be acquired with the proceeds of any additional iiue of bonds as hereinbefore provided, Ijeyond the eight million dol- lars ( JH,ooo,ooo) in amoiiut of bonds to be .secured hereby. And the Companj covenants with said Trustee that it will trom time to time, upon the written request of said Tnistee, fur- nish It with a written .sUtement of all property acquired by the Company since the date of this mortgage or since the date of the last preceding statement which may have been 90 rendered i6 ARTICLE VI. WARRANTY. The Company covenants with said Tnistee, that it has go< title, full power and lawful authority tJ sell and convey tl property, real, personal and mixed, and franchises, privileges ar revenues hereby conveyed or purporting to be conveyed ; and thi It will warrant and defend the same and every- part thereof nnl the said Tnistee against the lawful claims of all and every perso or persons claiming or to claim the same. .ARTICLE VII. DUTIES OF TRUSTEE. Said Trustee shall not be responsible or liable for any d( struction, injury or damage' to the property hereby mortgaged, b the said Company, or by any other person or persons whonisoeve or for any cause or accident whatsoever ; neither shall said Tniste be or become responsible for any e.\ercise of judgment or discretio in any matter or thing as aforesaid ; nor shall said Tnistee be n sponsible for any moneys or properties, except snch as shall com into Its hands or possession ; nor shall said Tnistee be responsibl or liable for any other matter or thing, except its own wilfu neglect or for wilful breach of the tnist herein and hereby createc It shall have the power to employ such legal and other assist ance in the carrying out of the purposes of this tnist as it .shal deem necessary, and shall not be responsible for the negligent act of any counsel or agent employed by it when such counsel or agen shall be selected in good faith, and it shall have power to refe any matter in dispute between itself and the Companv, or any othe persons arising out of the execution of .said tnist, to the arbitra tion of three disinterested persons, one to be chosen by .said Tnis tee, one by the Company or snch other persons, and the third b\ the two so chosen, and the award of snch arbitrators, or a majorit j of them, shall be final and conchi.sive in respect of the matter .submitted to their determination. .\iid it is further understood and agreed that said Tnistee ac cepts the tnsts hereby created upon the express condition that il shall not be held liable for any failure of title in the premise; hereby conveyed, nor for any recital of facts made in this instni ment, the same being a recital of the Companv and not of the Tnistee, nor for the sufficiency of this instninien't or the securitv herein provided. The Trustee shall be entitled to be reimbursed for all Its prc^r outlays of every sort or nature, incurred in the »7 discharge of this tnist, and shall be entitled to advise with counsel, and to be re-imbtirsed all tees paid therefore, and to receive a reasonable and proper compensation for any dnty or service it may perform. The Trustee shall not be required to take measures for the enforcement or foreclosure of this mortgage, or any covenant con- tained therein, until furnished with funds for the purpose or.in- demnified to its reasonable satisfaction, and said expenses and compensation if not paid by the bondholders, shall be paid bv the Company, and if not so paid shall be payable from the trust es- tate, upon which they are hereby charged as a first lien. Said Trustee, until called upon to take active measures to en- force this ftcutity, by foreclosure or otherwise with due indemnity, .shall be in no way responsible for insurance, taxes or repairs, or any other matter affecting the security ; and iu general it is un- derstood that prior to being so called upon, its duty is confined to such matters as are .specifically mentioned in this indenture. In all ca.ses of any instructions or requests by the bondholders tc the Trustee, the same shall be in writing, and the Tnistee shall have the right to demand proof of the ownership or legal holders of the bonds, the alleged holders or owners of which claim the right hereunder to instruct or request ; or the Tnistee may require de- posit of said bonds. In any event, the Trustee shall be justified iu dealing with the persons presenting bonds a.s the true owners. In case of a vacancy occuriug iu the office of the Trustee, hereby created, the Company, or any of the holders of the bonds secured hereby, shall be at liberty to apply to any court of com- petent jurisdiction to appoint a new Trustee or Trustees after giv- ing notice of such intention to apph-, by advertising three times a week for two weeks in one or more daily newspapers in each of the cities of Toronto, Montreal, Halifax and Boston, aforesaid, and such Court may on .such application, appoint such new Tnistee or Trustees. .\RTIC1-E VIII. If the Company shall at any time pay to the Trustee such sum of money as shall, in addition to any other moneys then in the hands of the Tnistee applicable to that purpose, be sufficient to pay all of the outstanding bonds, together with the accrued and unpaid interest thereon, and including a premium of ten per cent, hereinbefore stipulated for, in ca.se said payment is made before i8 the maturity of the bonds ; or if the Company shall well and jMy and discharge all the principal and Interest of said bom tfte times and in the manner therein speciiied, and shall well truly do and perform all and every other of the matters and tl on ite part to be done and performed, and herein set forth, and in such case these presents shall become void, and the ts nght and title of said Trustee, hereby created, shall utterly i and determine, and it shall forthwith execute to the Compa good and sufficient release in law of this indenture and the ch hereby created, and shall restore and surrender up possessic the Company of any ftoperty of the said Company rfwhi. may have taken possession and shall not have sold under am virtue of this indenture. But otherwise, and until such pavi and performance, this indenture shall be and remain in full ( and virtue. In witness whereof, the said Dominion Iron and f Company Limited, has to these presents and to three other in; ments of like tenor and effect, caused its corporate seal to be aff and said mstruinents to be executed in its name and behal St°% ,:,Y ""^^'-'H.''"*'^^'"' »" THE NATIONAL TRUST ( OF ONTARIO, Ltd., (t. s.) by A. E. Ames, Vice-P; W. T. White, Manaf illli II well and truly of said bonds, at d shall well and itters and things 1 set forth, then , and the estate, lall utterly cease the Company a and the charge up possession to Jany of which it i under and by il sbch payment ain in full force Iron and Steel tee other instm- eal to be affixed e and behalf by untersigned by authorized, all 'riistee has like- i A. E. Ames, ffixed by W. T. ruments of like )N AND mited, (t. a) Vhitnby, Pres. .ENNAN, Treas. L TRUST CO. Ltd., (l. s.) HES, Vice-Pres. iiTE, Manager CANADA, PROVINCE OF NOVA SCOTIA, ' COUNTY OF CAPE BRETON, S. S PIMT. Tkrt I .m . .ub«riWnK wiu«. to th. fo«g„i„g l„n l™, and st«l Comply. Limited, bv th. -idPr^dSl iL t* •fowMid, on behalf of -id Dominion Iron and sierf Zl ""',''° " •»'' P"»« H.n,, M. Wbiue., P^iden., and ^blT rUnnt,'?r:^,'Tr„^d""' Sworn to at Sydney, in tbe County of Cape \ Breton, in the Province of Nova Seotia,'this 30th ( il«y of .\ui[u»t, A. D. 1S99, before me, \ C. A. MEISSNER. DONAI.nM. CUHRV, ) A Juatice of the Peace, in and for the County of Cape BratoH, CANADA. PROVINCE OF NOVA SCOTIA. COUNTY OF CAPE BRETON, S. S. To AU. TO WHOM THKSE PRKSKNTS SHAI.I, COMH I Waller P,™ v, . V^biic, in and for the PJoyince of Noya Scotia, dnU: a'uth'Iri^.'r^i^"':^ 1 T^ re«d.nK a»n.ny k„„3dT.ly .p» int^ c^!, muatoned and .worn Juatice of the Peace, in ani for »id Co„«y of cl^„^"' fr.rdr^Si.'i::^'''''""''"'"'^"-''"-'"''''----"^^^^^^^^ my :^,r:r:;:x^L:rt!:sx.:;^t:i:>— (I.. S.) WALTER CROWE. Notary Public. CANADA. PROVINCE OF ONTARIO. COUNTY OK YORK. .1, i/"'"' y'""" '^""'' °' *' '^"'' "' '^°"«°' '" "« County of York in the Province of Ont.no. m the Dominion of Canada, make oath and .ay as folI„;.!" Pi».ST. That I am a subacribin(( witneai to the foregoing Indenture. SKOHD. Tlut on tlM isth day of ScptanbCT, A. D. 1899, at Toronto aio nid, the corponte name and teal of the National Tnut Company ot Ontai Limited, one of the partial to aaid Indentnre and therein named, waa thereui aohacribed and aflied by A. E. Amea, Vice-Preaident of the Natianal Tmat Co pan> of Ontario, Umited, and W. T. White, Manager of the Mid National Tr Company of Ontario, United, and the laid Indenture delivered on behalf of I laid National Tmat Company of Ontario, Umited, by the aaid Freaident a Manager, in my pseaence, and that aaid Indentnre ma doly eiecnted, at the tii and place aforeiaid, on behalf of laid National Trwt Company of Ontar Umiind, by A. B. Amea and W. T. White, Vice-Preaidtnt and Haaader, aa afa 9wom to at Toronto, in the County of York, in the \ Province of Ontario, thii ijth day of September, A.D. 1899, ( (L. S.) Mllin Lash, f A Notary Public for the Province of Ontario. V P. W. BAIU,! CANADA, PROVINCB OF ONTARIO, COUNTY OF YORK. To AH TO WHOH THKSR parasMn SHALL COME : I, .\rthur Whyte Angtin, Notary Public, in and for the Province of Ontari* duly authnriied and commiaaioned, feeding and ptactiaing at Toronto, in tl County of York, in the Province of Ontario, in the Dominion of Canada, do heiel certify that the aignatute. Miller I^aah, to the jurat of the foregoing affidavit, is the handwriting of Miller Laah, to me peraonally known and duly appointed ai commiMioned Notary Public, in and for said Province of Ontario, and th to all acts by said Miller Lash, done in his said official capacity, full faith ar credit are due. In TEffTlMOMV WHBRXOP, I have hereunto subscribed my name and affix* my aeal of office, at Toronto aforcaaid, this igOt day of September, A. V. 1899. (L. S.) A. W. ANGLIN, Notary Public. BY-LAWS OF THK DOMINION IRON AND STEEL COMPANY, Limited. ARTICLE I. Suction I.— The Annual General MeetinK of the shueholden of thii Com- p.ny ahall be held in Sydney, Cape Breton, or in Montreal, Quebec, or in Boaton, Maaaachnaetta, as the director, may from time to time determine, on the lecond Thnraday in June in each year for the election of directors, and to receive the report of the directors for the past year, and for other general purposes reUtinK to the manoKement of the Company's alTairs. SUCTION II.— Special meetiUKs of the shareholders shall be called either in Sydney, or in Montreal, or in Boaton, by the Secretar,-, whenever a majority of the Diiectors or Shareholders holding at least one-fourth part in value of the capiul stoclt ahall malce applicaUon to him therefor. sUtinx the Ume, pUice and objecU of said meeting, and the Secretary shall alio call special meeUnns of the stockholders whenever he is ao directed by the Ilesident. In the caa»of all special meetiuKs of the shareholders the objects far which the same are called shall be suted in the written request, and in the notice caUinic the meetinK. SECTION III.— Notice o* lie time and pbce of holding the Annual MeeUngs of the shareholders shall be given by the Secretary by publishing notice thereof in daily newspapers of general circtttation, both in Sydney, Montreal and in Boston, on at leaat two separate days, the last publication to be at least seven days before the holding of said meeting, and in the case of special meetings of the shareholden, the Secretary shall, in addiHon to the notice by publicatioi., required in the case of the annual meetings, mail written notice of such special meeting to each shareholder of record, at his registered addreea at least nine days before said meeting. SBCTiON I. — The officera of the Company shall consist of a President, Vice- President, Treasurer, a Board of Directora, Secretary and other such oflcera as the needs of the corporation may require. SSCTION II.— At the Srst annual meeting and at each meeting thereafter, or meeting held in lieu thereof, in case the annual meeting is not held, a boaivl of fifteen directora shall be chosen by a stock ballot, and said directora shall hold office until the next annual meeting or until othen are chosen and qualified in their stead. f I 33 ih J,TTrJ.'I;,~'.T""""'' """ -■* •"""' ""^"K " "•««'"<( '«'<' 1- lieu .hTT. , i '""^ J*'" »"» •'«« -• <" «■««' nunib., to b. Vic^Pr«id„,. ™^ they ihtll alio elect a Treaaurer and Secretary I., ^X'^'^T!^* Vice-Preaident .hall hold office until the „e« annual meet- ; ,?LTy^- "" "°'" "'**' •"«'»»" •" riectBl and qualified. Tml ft».rd, elect .« of u,e,r number, who with the Preaident. d.all conatitntl the executive Committee of the Board, and may aUo elect or .™v>i». other office., which the need, of the Cornor«krLyT,„i^ ^H ^T - " to hold office during the pleaaure of theXT^ iTrLZ ' """' "'""" .hal,rh:lJ::•-d^:^^nro^;-^„^';i-r^ ARTICLE III. P-IESIDK-NT, SKcnoN i.-Th,. Prerident ahall be chary«l with the general ovmiiht car. anrertdent ahall peifomi all the dutie. of ib. p~.u . ««_|»«r. confer,^, „p„„ a.. p,„iaent by the. by-law., or by the^AX .^^ ARTICLE V. SKCRETABV AND TKEASl'RF.R. ^uts™Ve™-j"::i't;m:r.i;*b^T^Lrf !srj"" ''"^^ bo,droTrhe"nr^L^,':j^.t^-x'^ir '"■"•'- -^ "■- •-- ARTICLE VI. BOAKO OF Dim£CTOK.S. of ^:^or^^:""' "' "■' --"'«'>» *'"• « ""cio. be Preaident iHeu tlun F Ok and ittl- Anri Iht Itutr anv • he ioa. »3 SKCriON Ill.-n,, Board of Dir«™ thereto previously re- stri!t.u'e,K " '"""'"""« «' '-" °"«hi„i of the capiu, (c) To ,up.r,n,, .11 .ct, of the officer, and emplovee, ; to ™„ire the Secretarv tJ^, I^« T '"J" "'""* "' "" '■■"'''"''i'" i» proportion to their several in- c-^^Lrr-r.irrr^tri-dtsr-'-'-'^^^ i»nl ^ Dilf !, •" """'° """"""' "" »""■"« •>>• '"e majoritv of .he to th^'ti^fl^X""""' """"-»■ "'"'"' ""O-'-r hour, previous Any meeMng, of the Director, at which all the Ditectors are ine-ent „r„f :;:r:nrht-„rrer' -•''"' -""••- - • •----^' H ARTICI^B VII. VACAHCIWI. Skctiom I.— The Boird of Dirccton ihaU have the power to All any vKUicy however cuued, ia the Board of OAcen of thU Company and aUo in the Board of Mrcctom unfit the next annua) meetloK, or meeting In Heu thereof. ARTICLE VIII. Skctiom I.— At all mcctlnK* of the Corporation, each ahareholder of reronl. either by himaelf or by hia duly appointed attorne>-, nhall be entltlett to rant an many votea aa he hold* share* of itock of record. ARTICLE IX. CBKTinCATVS OP STOCK. Skction I.— Each aharcholder ahall be entitled to a certi6cate ihowinfc the number of aharea of the capiul atock held by him, which ahal! be under the aeal of the Company, and ahall be aitcn^ by the President and by the Treaaurer. and ahall be connteraiKUMl by a duly appointed tranafer Anent. In caae of ihc abacnce or inability of the TrcMurer to act, the 3ec~^' «ry will sign such certificatea In hia stead : and in caw of the absence or inabiuiy of the President to act, the Vice-President, or such other officer of the Company as the Directors may designate, may sign such certificates in his stead. Sharea may be transferred by a conveyance in writing reconlcd upon the books of the Company. On making the transfer and anrrendcring the old certificate, a new certificate shall be granted. In case of the loaa of a certificate, duplicate certificate may be issued, upon such terms as the Executive Committee shall preacribe Section II. — All shares of stock which have been issued aa fully paid aharet in accordance with the Charter of the Company, or which, although not issued as fully paid shares, have aubsequently upon call been paid up to the amount of their par value, shall be the^after non-assessable. SSCTION III. — The Directors may close the transfer books at any time for a period not exceeding fourteen days. ARTICLE X. Sbctiom I, — No busineaa except to organize end adjourn for a specified time shall be transacted at a meeting of the shareholders unless there are present in person at leaat five shareholders, representing in person or by attorney at leaat l-io of the capital stock of the Corporatioz: issued or subscribed. ARTICLE XL Section I. — These By-laws may be altered, amended or repealed, from time to time, by the Board of Directors, and may likewise be altered, amended or re- Ifr is ptaM, fram time to tinw, by • two-thinU »o». »( the itocklialdOT pmmt uid witliilt at any aniiiul mcatigK. or any apKial miatiag called for that |>iir)>0H. lancy irit of omi. lit an O""" ■3U'. ■9"l- Ainniiteient to By-Uw«.] ARTICLE VI. BOAMD OF DIRKCrORH, Section VII. to reail ai followa :— At everj- Board niMtinK Ove Directon, preaent in penon, iiliall conatitnte a quorum, and at the meetinKof the Baecutive Committee thiee directon, preaent in penon, ahall ronititute a quorum. — Directon' Minutea, p. joj ((the e aeal lurer. rwlll f the 3 the lookii ficate upon paid h not , the [Adopted at Directon' Meeting. March irt, 1901.] ARTICLK XII. In the aheence or diiahility of the Preeident or Vice-Pnaident the IXrectora nay appoint one of the Directon of the Company to act aa inch Preeident or Vice-Pietidcnt, and laid Director, when lo appointed, ihall have all the powen conferred upon the Preeident or Vice-Preaident a» ti-c caK may be, by thne By. lawa or by the Charter of the Company. nt in ; 1-10 time wre- CHA.TKK ,39, OK THK KC^^^ZTZT ^•"fU, .899, ,S ACT ". ZJZ '••'""^'■^•"•«X "K N..VA («-««dj«hd.,„fM.rcl.,A,I.. ,^, rrr::i.i"rr,r: """"""■ "-' '^'^ -t'T.r/rt" r-- •-• S Il>l ToDlint, quarry, „rt w,„l „.t, . n«UlHc or other pr"L«;°L,T^ i" """'"«'■"'- lb. Z.o^T'T'"' "d proper work,^„ , ". n, „ •" ''"'•""'" >" "'•'•^ '".U^^l. T"'' *°*' to acquire any pa,„ pX^;l orr*"""' """"^ ""■' '"•"■i^nKTZ^U ^^^'^ to u« anv patent invem,™ "' "»"K"".»nt. license or „,K • ""^^'y .-« or o.rr,i:'::;r: ™"rr' -f "■- >-T»-"oZt™r.'*;r*'" '"''::r"-7--""^"^t:;::LK2«rit^^™-3'::^:^: o»,l '""--t ""<1 "lake, purcha«, l,„ii ? '"■ "" "'""l coveuaau -"•■''°'^'----^^^x:e:j::^-S^^^o r-"^-=^r^:rcr'r^--- --' (hi To tii«mif«ctii - Hi_.| „„,! i i »"..;;.p;:^:;.xr;:--t:zr^^^ >•...... «.rpo™trt, „„d ,hl. ™„,p.,;v i. here , a>2„^ ', ,°' '"" """P""^ '"'"" i>- .j:;^'^--rr:S"x:^^--- ^.. I "• 1 To .pp,, ,^ ,i„, ,„ ,. „^ '"~ " '^■» h. o.,jec,» „, ,hi. o.„^i„ ,,„,.„^^,>--y-»P^^^^ 77°"""''""«P«>vi,i„„8„f iu charter „„.V """"'' " """-"rizH u, ^~l or ™.l company „ «„i„^ ,„ U-i,™" "I," """""T ' ""' ""'• ""■" i™°. powe™lhyvote„f,h«-,„„rtS,„,7J',™rto> "' '"'""""^ »"■' ™- d»po« of ,uch propertv. franchiw, ri^hf ■ """«»<""'■ '•»» or otherwi„ were empowered «, ,„ do bv a .pe^^.c. ' f ,hT "T"'' "' """^ ™"P'"'" N'ova Scotia. Said pn,pert;, ri^^ ,., chil a„, •^"* "" "' ■*' ''""'^« "' le..se,l„r„,her„i«.cqm,,^.,.b„„™^1Ll,^ P""leKe.. when p„rch.«,l co,np.„, ., f„„y ,M .ffcc«.l,y „ ,Ll:fe' ^e^ ,h^r ".T"" T" ""J"-''" ">• "" the company fron hjch ,t. „'„^ wereTcnlTai!. f 7 '""' ""'' "'J"''^ l-v •ubjecl to all „irt,nK valid lien, and chaTgL ^^' '"•^ " »«■".!» acquired IN meedug, which ii.y b, c.lirt ,Y7^h H™ ""^ °*,« " •"'='> °"wer,„„p.„..,«k"„^rtp,io^ ,i"r.?d*. r™?"" ■'i'^'"""'-" -....«,. byZ „u.".; ai.:tr„.i,^j::— .rz'^X''- - ""^"- ^o,^ra':::rri^rh:,a'..to"^rr'^r"''^ l>old« In nUllMi to Uw •ham to k.u h. ik. .nd.ltot.„ch fullv.p.t.1 ,,„ .^i^T ,' '""""" " '"•■■""l-ny. p.y P.y „v,r .uch fully p.i.1 rtll ,„ Tho T' '"' "" ""•"">• •"« ■"-' "irat or paymeu, of .uch t^L l^T. '"''"'^ "' •"ini" The l«iu., allot, •nd ,h. hold.™ „, ..lZ^ai°„.W^^olM "''",'" '°''»'' '^'^ "'"'-*«' ^ -a™ which .„ n,p,^,^u„ «,t„ ^' •°"""*'' »' • -"i-ri'y vo« o( U.o^ or in one or more aeriea it. 1«»h. a "" """•""y' >» '»"• at one or man timea •nd -.n^ hy lup^i^ror ^"n^.^r.:'^^ "'^1"''" "•-'• treaaurer or necretarv and .uch hon.l. jT ' ■»<""lter.igiied by ita per annum, and .uch bond., debenTuMoT^foJSu '°''™* " auch rale er. to auch prioritieaand Br^vilJ^ .^r, 'Z^ '''"" ""^ "«"'• "■« hold. addition to the othera power. eontr~t 1. .^ director, of the company are, in r^te^rl^^^-rStH'--^^^^^ 3° further calls or aaa^ssments. or otherwise liable on account thereof beyond the amount for which <*aid sharvs shall have been purchased from the company. The holders of such preferred shares shall be entitled to the preferential payment of the par value of their shares out of the assets available for the return of capital in priority to any ordinary shares in the company. The company may from time to time sscur,.- any of the bonds or ilebinturei of the company by'a mortKage or dee ... ^ball h:ive t e force of law, 14. The council of any town, city, county, municipality or district, through which any line of railway or branch thereof of the company inay run. or in which the company may locate any of its works or carry on any of its business, or which will be lienefitted by the same, are hereby authorized and empowered to assess for any aid whatsoever that such council may by a majority vote of said counc'Mecide to grant to the company, in the same manner, and at the same time, as thee linary assessment for the public purposes of such city. town, county, municip ,'itv or district is made. And if such council by a majority vote shall so decide, then the said town, city, county or municipality or district may forthwith liorrow the sum voted in aid of the said comiiany, and may issue debentures therefor in the form in the schedule "A" hereto, retleemable at such times and in such amounts, and Iwarinx suth rates of interest as the said council shall delennine. which debentures shall be a charge upon all the property, real and personal, of or within the said town. city, county, municipality or district and upon all the revenues of the said town, city, county, municipality or district, as the case may be, and the said council in such case annually shall ass-ss a sufficient sum to pay the interest on any such debentures in the same manner and at the same time as the ordinary assessment for the public purposes of such city, town, county, municipality or district is made. Provided, however, that no such assess- ment shall be made, nor any money l>orrowed by the council of any town or city until the resolution of the council providing therefor shall 6rst have l>een ratified and approved by a majority vote of the ratejwyers in attenany in any of the aljove cases. 16. The company shall not commence operations until one million dollars of its capiUl stock is subscribed and twenty-five per cent, of such sulmcription is paid up in cash. lil. 3» 17- The compiny shall h«Te power to draw or accept, or endorie Mb of eichange, promiMory notea and other negotiable paper, on behalf of and for the purpoaes of the company. i8. Whenever it shall bs necessary that the company should be vested with lands within the County of Cape Breton upon which to erect rolling mills or smelt- ing works, or for the purpos; of constructing docks, wharves, piers, roads or rail- roads, or whenever it may be neceasary for the company to acquire lakes or streams or lands covered by water, or to acquire Und for the purpose of a right of way fo»" any pipe or pipe lines, and no agreement can be made for the purchase thereof if *all be lawful for the company to apply by petition to the Oovernor-in-Council showing the situation of the lands, lakes or stream., or lands covered with water required for the purposes of the company, a description thereof bv metes and bounds, the names of the owners or occupiers thereof, and anv encumbrances thereon that may be known to the company, and the amount which the company has olfered to pay the person or persons owning or occupying the s«ne, and praying for the expropriation thereof. 19. Upon the presentation of such petition, the Provincial Secretary shall forthwith, at the expense of the company, ciuaea co;n- thetwjf to be serveP""='». ""1 '" "»» »-='. owner or occu^erT fn.«l or f«l, to appoint an arbitrator within ten days thereafter, a Judge of tte •A 33 Supreme Court, or the Judge of the County Court for the dutrict in which the land expropriated lies shall appoint such arbitrator. 33. The said two arbitrators shall be notified of their appointment by the petitioner or his solicitor or a^ent, and shall within twenty days thereafter choose a third arbitrator, and in case of their failitiK to select such third arbitrator within twenty days after notice to them as aforesaid of their said appointmeut, such third arbitrator shall be appointed by theGovemor-in-Council and said arbitrators shall without delay proceed to assess the building or office of the company in which the bu,ine» of tte com '"11 'l^"' "^l^"' ""■ '"'' "■'"""'"K "'«■ -me for two week, in n«i-»paper r„,^'.i .b"T T"""""'' " """ »■■' "° "<-I»I— puWirf-edins^cl countie. then by advertisiuK the Mme lor two week, in at lea.t ^ne newapape, published in the City of Halifax. "^"^ No. t... SCHEDULE 'A.' (L. S.) , . . Debentures Transferable, PROVINCE OF NOVA SCOTIA, CANADA, fnder authority of the Acts „1 the I^eKislature of Nova Scotia for the year A. D. 1899. The bearer hereof is entitleil to receive from the "" ; I'rovince of Nova Scr.tia, the sum of dollars, lawful nionev of Canada, in . years from the date hereof, and interest for the same from same date'aV the'rati^'ot ; ^' ™"'- I*'' «nimm, payable half vearlv as per the interest warrants hereto attacheil, payable at the office of the .'. . . ^i„t :„ the said clerk in Dated at the., A. D. :,S9 . . dav of Mayor or Warden (as the case may be). Clerk and Tieasuyer. 35 An Act to amend Clmpter 139 of the Acts of 1899, entitled, "An Act to incorporate the Dominion Iron and Steel Company Limited," being Chapter 118 of the Acts of 1900. ' (Passed the 30U1 day of March, A, I). 1900 ) Be it enactei by the Governor, Council un.l AssemMy as follows : • J.i r^"i.°" 'Y "'''' ^" " ""'"'I'^'i •>>• a'l'l»»C after the word " lines " in the eiKhth Ime thereof " or f„ the purpose of storiUK water tht^t- , • ^ '""" 2. Section 24 of said Act is amended by adding after the word 'assessed " in the second hue thereof the words, ■ or as in this Act hereinafter provided." ^^ i. Section 25 of said Act is amended by adding thereto the foUowinjr words • In case the company is in any case unable to ascertain the name of the owner of 111' i . "^ !»"'f"°''y«i "itl- »"". souKht tote expropriated under section ,» of this Act, and said lands are unoccupied, such fact shall I« stated in the application to the Govemor-,u-Lou„cil provided for in sai.l section ,.s. and the Govemor-i„. Council may by order name a person to represent the owners, and such pe-son shall thereupon represent the owner for all purposes under sections 19, 20, 2. J2 2, and 24 of this Act. The company shall pay such person so appointe.1 such fee L the Governor-m-Councd may fix, and the Company .shall in .such ca.se pay the damages a^»ed m court, and such payment shall te hel.l a cotnpliaace with SecUon 24 of 4. Themortgageofsaidcompany.teaiingdatcthefirstdayof Julyl D 1800 made to the National Trust Company of Ontario, I.in.ited, and registered inTe oflice of the reg,.,trar of deeds at Sydney, and the bonds secured therebv are here by conBrmed and declared to be binding, as therein expressed, as fully as if the same were set out herein. 2 «• " tne 5- Thestock of the said company heretofore issued is hereby declared to have been validly issued and to te fully paid up stock. 6. The agreement ma le tetween the said company and the Dominion Coal Company, limited, and set out in schedule "A" hereto, is hereby confirmed Provided, however, that nothing in said agreer-.nt contained, or in this ^ct shali in any way or manner .-.Iter, vary or a«et. the duties and obligations of said Dominion Coal Company, limited, under any statute of the prorince heretofore passed, or under any lease from the Crown, or any agreement with the Commis- siouer of Public Works and Mines, or with the Crown, for or on beh«lf of tl. province of Nova Scotia. 7. Nothing in this Act shall te construed to in any way affect the liability of the property of said Dominion Coal Company, limited, to taxation for any pur- pose for which it is now liable to pay any tax; nor shall anv of the property of the said Domii ion Coal Company, limiUd, be reUeved o. exempted from taxation by reason of temg transferred in any manner to the.saW Dominion Iron and Steel Company, limited. 36 8. Thii Act shall not come into force until published in the Roj/til Oaitttt by order of the Govemor-in-Council. SCHEDULE "A." Memorandum of ACRBiiMKNT made and entered into this thirtieth day of Jnne, A.D., 1899, by and between the Dominion C-mI Company, limited, a corpora- tion duty orxanixcd and existing under the laws of the province of Nova Scotia, in the Dominion of Canada, hereinafter called the Coa' Company ; and the Dominion Iron and Steel Company, limited, a corporation also (lul>' orffanized under the laws of the province of Nova Scotia, in the Dominion of Canada, hereinafter called the Iron Conipany. Whereag, the said iron company contemplates the organization and estaWish- mcnt of an iron and steel buBiaeas in Sydney, in the county of Cape Breton and province of Nova Scotia, and for this purpose has secured, through Henry M. Whitney, Esquire, of Boston, land and lands covered with water, together with a supply of weter from the town of Sydney ; and has also securwl, through him, a number of valuable limestoiu- deposits in the said island of Cape Breton ; and has through hiin, furthermore, secured valuable and extensive deposits of iron ore on Bell Island, Newfoundland; and is desirous of securing an assured supply of coal, on favourable terms and for a long period of time, for the use and benefit of its said iron and steel works ; And whereat, the said coal company is desirous of supplyi.-g the said coal ; N*/W thig ir.dtnture witnegreth, that the said coal company, in consideration of the sum of one dollar to it in hand well and truly paid, the receipt whereof is here- by acknowledged, and in consideration of the promises of the said iron company hereinafter contained, agrees for itself, its successors and assigns, with the said iron company, its successors and assigns : First. — That the said coal i^ompany will, on the terms and conditions and for the time hereinafter stated, supply to the said iron company all the coal that it, the said iron comply, may require for its own use in its own works, mines or quar- ries, wherever situate, and for bunkering steamers owned by it, or for the time being hired by it under time charter and employed in its business. The coal for use in the works of the iron company shall be delivered on sidings connected with the main line of the railway of the coal company, common- ly known as the Sydney and Louisburg railway. The iron company shall con- struct and maintain such sidings at its own expense. Cargo and bunker coal shall be delivered to the iron company at any shipping pier of the coal company then in use which the iron company may name; and the iron company shall, in addition to the price hereinafter named, pay all current charges on vessel and cargo. The coal shall be of the grade known as run-of-miue coal, and shall be freshly mined and carefully picked, and so far as the same is required for use in the coke ovens and steel works of the iron company, shall be supplied from the seam 01 seams being worked from time to time by the said coal company which the said jron company may name as the seam or seams from which it desires such coal to be sullied. All other coal required by the iron company shall be of a grade fullj equal to that of coal then bein^ supplied to other customers as run-of-mine cual. 37 Second.— The naid iron company shall provide all the cani neccMuyfor entry- inK the coal which it may require to uk, and wch cars ahall be of a tvjx to be approved by the coal company. The Mid coal company ihall promptly load and deliver all the can furnished to it by the said iron company for such pnrpose. Third.— The spH iron company also agrees with the said coal company that so lonK as the said coal company shall be willing and ready to supply coal for the use of the said iron company all coal required by it shall be purchased from the said coal company. Fourth.- The said coal company agrees to !« ready to supply under this oon- tract, on and after the first day of November, A. D. igou, coal to make coke suffi- cient to keep in continuous operation four blast furnaces capable of making 1500 tons of iron per day, and coal sufficient for the steel works of the said iron com- pany. The iron company shall from time to time, at intervals not exceeding three months, give notice to the coal company of its probable requirements for the next ensuing three months. If such requirements at any time are largely in excess of the requirements existing at the time such notice is given, then the coal company shall use due diligence in preparing to furnish the increased demand, but shall in any event be prepared to furnish the enlarged demand within twelve months from the date of such notice. Fifth.— This agreement shall extend over a period co-terminate with the re- mainder of the term of the lease or leases of the coal company now held by it fiom the province of Nova Scotia, or any extension thereof, from the time when the first blast furnace of the said iron company is ready to be operated. Sixth.— It is also agreed that the price to be paid to the said coal company by the said iron company for such coal shall be for the whole of said period the ram of one dollar and twenty cents (J1.20) per ton of 2240 pounds, subject at the instance of either party hereto to revision at the end of every ten years in the following manner : If either of the parties hereto complains to the other at any such time of the then price, and no agreement can be arrived at between them, then either party may demand of the other that the price to be paid for snch coal for the aucceeding ten years shall besettle«l by arbitration, as follows : Either of the parties hereto may give notice to the other that it desires that the price of such coal shall be settled by arbitration, and in such notice shall name one arbitrator on its own behalf ; and within ten days after receipt of such notice, the other party served with such notice shall name an arbitrator to act on its own bo- half, and give notice thereof to the other party. The two said arbitrators shall de- termine the said price ; and in case they disagree, they shall refer the said matter to the determination and award of an umpire, to be chosen by the said arbitrators be- fore entering upon the said reference, and the award of the said arbitrators or their umpire, as the case may be. shall be final to dete ..line such question, and also to determine by whom the cost of the arbitration and award shall be borne ; and every such reference shall be deemed to be a submission to arbitration within the Arbi- tration Act now in force in the province of Nova Scotia, or any statutory enactment in force for the time being in regard to arbitration. The said arbitrators, or their umpire, shall, in determining such price, ascertain (a) the average cost of mining and winning (including raising, loading into cars and picking) the coal sold by the )l I i I Ml! ill 38 coal company to the inm cdrnpany for the preceding ten ycam, and the cont o trantportinK the Mine fritm the niine» of the ct»al company to the workr* of the irui company : — (b) auch coHt at the ilate tt'hcn »uch nrbltration is denmnde^l. In eott mating ftuch cost, the urlHtnttors or their umpire Hhall take into consideration thi different itcmsof expenditure enumerated in schedule " A " heretn annexed ; and i at the time said arbitration is had it is made to appear to the said arbitratt^s or thci umpire that there are any other charKe* which should l>e legitimately chargec to the cost of mining and winning sai the iron comimny shall leaxe the proiwrty of the tiwl company a» here- inafter provirtance to said iron comtiany that a Hupply of coal for il re(|uirementii should Iw constant and sufficient ; and in order to proviflc a way hy which ti» iivoid any cumptirations that may arise in the business relations of the two c^imiKmies ; It w herrhy agreed, that the ir«m company may at its option at any time up to the first day of January, A. I). 1903, elect to lease the real and personal property of the coal company for the remuimler of the tenn of its lease or leases of its coal fields from the province of Nova Scotia, or any extension theretjf. The wid lea»e which the said iron company shall be entitled under this election to have from saiil coal comiMiny is hereto annexeil and marked " Kxhibit A to this Agreement." Such lease shall Iiecome operative and potuewion may be taken thereunder whenever notice shall l»e Riven by the iron company to the coal company. a» in ■aid lease is providee use shall Iw held to pay in addition a sum equal to the rental, royalties and taxes which may have accrued and he unpaid at the date of •aid ejectment. It is likewise agreed that the iron company shall have the right to cancel and determine said tease upon any semi-annual rent-day. provided it shall have, at least six months prior to said rent-day. notified the coal company in writing of its inten- tion so to do ; but in such case, as a condition of its right to terminate said lease, it shall pay all rental, royalties and taxes which shall have accrued up to the day on which it shall so cancel and determine said lease ; and it shall likewise forfeit to the coal company the sum of f6oo.ooo, hereinbefore stated, the same to be received and accepted by said coal company in full compensation of its loss by reason of the cancellation and determination of said lease. /( ifl aI»o agreed by the parties hereto that so long as the said sum shall not be requirefi as and for liquidated damages as before provided, the said sum of money shall be invested by the coal company in such securities as by law a trustee in the province of Nova Scotia may legally invest trust money : and the interest arising upon such iiivesttrient shall, as it becomes due and is received by the coal company, be paid over by it to the said iron company. In tritnraM irA/rnM tbr partien hereto have executed these prrMttti by ciuii: to he affixed thereto their mpcctlve corporate KaU, authcnttcutefl by their retfM tive prettidcDti and treaiiurer*. (SrH.) tiik dominion coal company. Umitf By H. M. WlllTNKV, rmldcnt. Signed, aealefl and delivereil in the ) presence of ( (Sifcned) Frkdkric Tidor, Jr. J. S. McLknnan, Treaturer. DOMINION IRON AND STKKL COMPAN Umitkd. By H. M. WlllTNKV, I*resulent. J. A. McLknkaM, Trcaiurcr. Signed, nealcd and delivered in the ) presence of j (Signed) Prbdrrjc Tudor, Jr. :t SCHEDULK "A." AnMIttrSTRATION ANI> MaNACKMKNT. Coal cuttnijj :— (a) Machine, (b) Hand. Powr hatil.tr . Horse haulaxe. Roads and timberinjf . Repairs to tubs. HoistinK- Screeninx and loadinf(. Banking and filling. Ventilation. Piunping. EXHIBIT "A." This Indhnturk. made and enteml into this thirtieth day of June, A. 1899, by and between the Dominion Coal Company, limited, a corporation duly ganized and existing under the laws of the province of Nova Scotia, in the Dom ion of Canada, hereinafter called the Wssor, and the Dominion Iron and St Company, limited, a corporation also duly organized and existing under the h of the province of Nova Scotia, in the Dominion of Canada, hereinafter called lessee. In consideration of the rents, covenants and agreements hereinafter contain to be paid, kept and performed on the part of the said lessee, the said lessor di hereby demise and lease, subject to the existing mortgages thereon or to any I ther or future mortgages which the lessor tuay place thereon to secure '..onds issi in conformity with the provisions hereof, unto the said lessee, its successors t assigns, all its mines, mining areas, seams of coal, worked and unworked, lac lands covered with water, easements, rights and privileges, mining machini mining tools and implements of all kinds, engines, boilers, houses, buildio wharves, piers, apparatus for the loading and unloading of coal, railways, raih i cnKine*, cur bcMun and repair fthopa aiiil mnchinrry tbcrcin. can ot all klmU ami dMvriptiitii. fttiliua buiuvH. uikI K«iicrall> ull the pruprrty o* the k*ior in the county of Cape Itreton. in the province of Nova Scotia, ot whatever kind and d«M;ri|>tion, whether owned hy il or held l»y it uniier leaie from the crown or oUierwiie (except the coal tnincil and new and unuwil toi>U. material! and supplieii of all kinda on or atwut laid d«iuiiicokiiof occouatof said company, bills. Dotca deUn and the huildin}{» uited an »torr» at (Vlace Bay ami at Ihmiinion No. i ReMrvr, Caleilonju and HritlKcport mineK, and the lotn of Unci on which Hiif) atom are situate, with tlu- wayn thereto, an lihown on tht plan hereto annexed, tof{ether with thecontentHurwtidiitoreiil. .\nr| all xU «ttHmer». shitw and vcMeU of all kinda, owned or chartered l>y it. and wherever nituate. And all lands. huildinKs, wharven, piem, ninchinery for Inadin),' and unloay it or held under leaw I with full power to ttaid lenwce, itH sucreiwora and aMiKno, to ojierate and tnanaK*^ Mid tninen. riilwHVH antl proi>erty, nnd the bunineiw therettf, ami to take and receive all and sinKiilar the renti«, toIU, i»MueH and recciptH thereof ; ami to mine get and win coal, and »ell and dinpoae of the »atue for its own u»e ami benefit, To h»v€ a»fi to hold the naid demiHerl premiiien, property, riKhtft and fn-ivileKm, with all the appurtenanccn thereof, and the earcferrei| it and will likewine, on Hid liatc in each year, pay to the \vmnr the Hum of twent] tboUMnd [aS'*""'] dollar* for the ex|ienply the m It ia uIm) AKrecd that if in any year endinK on l>eceuil>er ut, the anion coal taken by the Mid le»Me from Haid drmti«ed minc» uml prvmitieM, u)Mm w)i royalty i* )Myahle to the Crown aa reiweiwiitcd by the ('Kiveruuicut of Nova S ■hall rxccr*! three million Hvc hundred thounund U..Vji>."'n>} touH, then th«- I ■hall for auch year, by way nf additional rriitui, pay to the tt-MHtrtlir aum of ft centM per ton on all co^t an taken in exceait nf aaid three million five hut thoiwimd [j.suo.uui] ton*. For the purpoac of {Mvins or retiring its mitatiindiiiK (miiuU or {m-ferred « the leiuu>r Khali have the HkHI from tinu- to time tn iwiie and m-ll at the ttent pi can obtain auch amotintit of Imiidn [nctured by mortKHtfi* or otherwiae] or prvf atock OM may lie requiaitt' to provide thi.' nieana for the pur|MMe aforenjtd ; and bonda and preferred atock, when ifwuetl. hhull, fur the imriMiae of detenninln rental to tie paid by the teaacv, Iw deemed jHirt nf the outritundinK lioiida am ferretl atock henintwfnre rvffrrcse. such bonds to run for auch period, not Iwyond the tenn of this leni bear such rate of intereat, and such preferred stock to tje entitled to such divid a* the lessee may determine ; provided, however, that the aKKrcgute annual cli payable in respect of the outstandiuK bonds and prefcrre and redeem its bonds and preferred stock, except on the terms on which such and bonds were made redeemable when isaueil, nor unless the lessee shall ){uarantee to it the sale of the new issue. Except as hereinabove provided the lessor a>rree.'. that it will not, after n in{{ notice from the lessee of its intention to accept this lease, during the tei this demise issue any bonds or atock whether common or preferred, and if b payment or retirement of any of its !«nds or preferred stock, or the re-fundi: the same by other bonds or preferreil stock having a lower rate of interest or I! m Um forcxoffiK and rcintwr in racb ftnd irpirrittlun m it nmy ii then rrquimt to 1 nr iircferreil rtork, ' MUtn iif twenty-Ave nnil (trK'iniuitiun of «y ii|>ply the Mimr. r ul. the amount of .itM.'tt, U)if)n which ■ cut of Nova Saitiii, iii«t|iriixit erwi!«e) or preferred tforenaid ; und HUch • of detenntninf( the tiiiff ImiiuIh timl pre- eUmdH, the amount if any, tihiill t*esuch ^ate amount of the referred stock, ami f miid HUUiH iiH they ne. for the purpone erred stock, call for stock from time to of providinK for the he payment of any amount of mortKaxe be neccHnary for the nn of this leoM;, to •d to Huch dividends, >Kate annual charges , incluilinK a linking ty, shall not be in- to call for iKiyment on which such stock he leiwee shall first ill not, after receiv- during the term of rred, and if by the r the re-funding of : of interest or divi- 43 rlemU, nr In- muMm of ■nulW •inking fund rrqulmiwnts, Ihr iggregMtr i»f Ihi- annual intrmt rhMrgr* on tU hr>nd«, divtilend chargr* tm iu |H*-femHl siitik. and liiikliig faml TvqulrementH, »n rdurcil. then th« annual rvntal payaltlv by iht' lawwt ahall tw c(>fm|N»iidingly ref mat that may iMH^ome due to the Crown an rrpreaentcd by thelUivvrnnientof Nov.i * Hcotfa, and hImi ithall during the i-ontinuance of thi» demlM |iay and wtiafy all taneo and aatwtMmentH of whatever kind and nature legally mude and aa w ed upon the ■aid prttperty ami (irMnisM, and nhall manage and o)rmMrd or implieit, iropo«er harmless fnmi any payment, damage and liaUlity in respect therv4>f. And ithall also pay any and all rentals accruing H- ments legally made and assesaetl thereon during the continuance of thin demiiie. And the leasee alno c alterations and improvements in, the demised railway, its rolling Htock, tracks, equipment, power houses, car houses, stations, structures and appurtenances, as may become necessary for the purpose of making better provision for the due and safe transpMtation of the public, or for the purpose of complying with any require- ment of law or public or municipal authority, or may do so for the purpose of re- ducing the operating expegses of the demiseti railway. The lessee shall at MtfW^ expense, maintain and keep the d^r.,ised premises and all the property antl fixtures of every description w^-lvii it shall receive or operate under this lease, in as gf>od order and ^pdition as the same are on the day this lease comes into operation, or shall be when received by the lessee, so that there shall be no depreciation as to quality or quantity [except in the coal in the seams, and except in the case of specific portions of the demised property herein provided for] tn the same or any part thereof, and at the expiration or earlier term- ination of this lease, shall, subject to the said exception aa to the coal, antl likewise 44 mbjcctto theprovUiotiaof thitkaaeu to special portknu of the demiiediicDperti retarn the iwine to the leawr in the aune K^od order and condition, and put tl leHorinpoMessionof tbeaame. together with all property added thereto by way < renewal or increase. The lesaee covenanU and agrees with the lessor that the lessor, through i servants and SKents, shall have access to the demised property and premises at s ' timea, by day or by night, for the purpose of viewing the condition ofthe demise property and premises, and of ascertaining the manner in which the demised mitie railways and premises are being operated. The lessor covenants and agrees wrth the lessee that it will endeavor to procu the assent of the Govemor-in-Council to the provisions of this lease, so far as th< relate to mining areas held nnder lease from the Crown, that during the period < this lease it will not do or omit to do any act or matter whatsoever whereby ar leases held from the Crown shall be jeopardized, the provisions thereof varied, < whereby the lessee shall be deprived of the right to hold and work such minir areas and remove coal therefrom to the same extent and upon the same terms as tl lessor is now entitled to do ; and it irrevocably authorizes and empowers the lease as its attorney and in its name, to do and perform all matters and things requin of the lessor by said Crown leases or in respect of said mining areas by the pr visions of law. and covenants that so far as such matters and things cannot be dot or performed by attorney, it will itself do and perform them at the request of tl lessee. The lessee shall not be required to return to the lessor at tlie expiration earlier termination of this lease, any leases of coal areas which may expire contet poraneously with this lease or may have expired prior to the termination, here nor shall it be bound to deliver to the lessor the mining areas covered thereby any of the property thereon, except as can be advantageously removed in accor ance with the terms of such mining leases. It is agreed that upon the expiration of all leases other than charter-parties vessels and mining leases from the Crown, the lessor shall, at the request of t lessee, co-operate with the lessee to procure renewals or extensions thereof, or m leases of the same property, and that such new leases shall be taken in the name the lessor, and the property covered thereby shall, by ai^iropriate instrument, made subject to the provisions hereof, If the lessee elects not to renew or totakt new lease of the same property, but acquires in substitution therefor, by lease otherwise, other property, such lease or other transfer shall be taken in the nar of the lessor and the property shall be made subject to the provisions/bereof. the lessee elects not to take or renew a new lease or to substitute other properi b»:e the necessity for it no longer exists, then, the lessee shall not be h( accountable for such leases so expired upon the termination hereof, nor for t value of the plant, machinery, fixtures or personal i»operty upon the propei covered by said lease, except as to the extent of their value to be removed. In the case of all vessels, steamers, or barges, now Held under charter, t lessor shall assign the charter parties to the lessee, and upon the expiration then the lessee may renew or not in its own name, as it pleases, but the leasee shall t be held accountable for the return of vessels whose charters have expired, n shall the lessor have any claim on vessels hereafter chartered or acquired by t lesaee in its own name. The lessee may account for vessels owned by the lesi either by turning over the proceeds of sale or by returning the vessels themseh or others of equal value. 45 Tlw irmte ihall bave V* .ight without obtainifift the consent of the lessor, in the naaal coane of ite bueln^ .■ but not otherwise, to scH and diapoae of any such penooal property herein demised as may become worn out or unfit for use. or n* may no kMigcr be rcquiatte for the purposes of the leaacc, or as the lessee may dc- ■ira to replace by similar property, provided that otherproperty of equal value shall be Mbatttnted therefor, or the proceeds shall be applied to the improvement of the dcmiaed property, and fHovkled, furthermore, that it shall not, without the written consent of the lessor, sell or dispose of in anyone transaction any such property of which the value exceeds ten thousand dollars (f iu,ooi)) ; and pnn-ided. also, that it shall not. without such consent, sell or dispose of any lease of coal mining areas or any ship, nor shall it without such consent sell or dispose of any proj^rty what- soever essential to the management or operation of the demised mines, railways and steamship lines. The lessee may, with the written consent of the lessor, but not otherwise ex- cept as above provided, sell for a reasonable price, exchange or dispose of any of the property herein demised, provided, however, that such property is replaced by other property of an equal value, irtiich shall be subject to the terms of this lease, or its [wocecdB applied to the improvement of the demised property. The lessor shall have the right, as a condition of its assent to any such sale, exchange or other disposition, to exact such conditions as it may deem desirable in order to sectuv a compliance by the lessee with the above provision. In case the consent - such case, while retaininff unimpaired all its righti. and remedies a^fainst the lessee, shall have the ri^;ht to require the lessee to indemnify it for all money thus expended and for all loiis thus sustained. It is also agreed by and between the partic-i hereto that the lessee may termin- ate this lease on the 15th day of June or December of any one year during the term of this demise by giving, in writing, at least six months" notice of its intention so to do ; but in such case, as a condition of its rifiht to tenninate said lease, it shall pay all rental, royalties and taxes which shall have accrued up to the day on which it shall so cancel and determine said -lease ; and it shall likewise forfeit to the coa) company the sum of six hundred thousand dollars (f6oo,ooo) hereinbefore stated, the same to be received and accepted by said coal company in full compensation of its loss by reason of the cancellation and determination of said lease. It is hereby agreed by and h?tween the parties hereto, each for itself, its suc- cessors and assigns, that if any question . dispute or difTerence ■. .all arise concerning the said mines, seams of coal, property and premises hereby demised, or the work- ing thereof, or concerning the construction and meaning of these presents, or any of the covenants, provisos or agreements herein contained, or the rights or liabilities of the parties hereto, respectively, hereunder, then such question, dispute or differ- ence shall be referred to the determination and award of two arbitrators, one to be appointed by the lessor and the other by the lessee, or in case of their disagree- ment, then to the determination and award of an umpire ; to be chosen by the said arbitrators before entering upon the references ; and the award of the said arbit- rators, or of their umpire, as the case may be, shall be final to determine such question, and also to determine by whom the costs of the arbitration and award shall be borne ; and every such reference shall be deemed to be a submission to arbitration within the Arbitration Act now in force in the province of Nova Scotia or any statutory enactment for the time being in force with regard to arbitration. This lease shall come into operation on the first day of January next, or on the first day of any January or July thereafter, up to and including January ist, 1903 ; provided the said lessee shall, prior to any of such dates, give in waiting to the lessor sixty days' notice of its intention to accept this lease as and from such date, and shall pay to said lessor the sum of six hundred thousand dollars (|6oo,jboq). The said sum of {600,000 shall, so long as the same shall not be required as and for liquidated damages as hereinbefore provided, be invested by the lessor in such securities as by law a trustee in the province of Nova Scotia may legally invest trust money, and the interest arising upon such investment shall as it becomes due and is received by the coal company, be paid over by it to the said iron company. It is further agreed between the parties hereto that in case the lessor shall enter upon the demised premises and tenninate this lease for any breach of the condi- tions thereof by the lessee, then said sum of |6oo,ooo with any interest accruing due thereon, shall become the property of the lessor. It is also agreed between the parties hereto that such sum, with any interest accruing due thereon, shall in such case be received and accepted by the lessor in full settlement and satisfaction 48 of alt cUiiut for damafrm again»t the lewee on account of the Icmm'i fareac the condhiotiB of Mid leaae or claims for rent during the remainder of the 1 hereof. Provided, however, that the leuee thall pay all rental, royalties and t which shall have accrued due up to the day on which the lessor shall so enter take poflsesMon of the property and premiiieft herein demised. In witness whereof, the parties hereto have executed these presents by caa to be affixed thereto their respective corporate seals authenticated by their rat tive presidents and treasurers. Signed, sealed, and delivered Ik f hi praaencc of t 49 An Act to Amend Chapter 139 of the Acts o£ 1899, Entitled " An Act to Incorporate the Dominion Iron and Steel Com- pany, Limited." Be it enacted by the Governor, Council and Afwemhly an follows : I. Section 4 of Chapter 139 of the Acta of 1S99 k hereby amended to read as follows : ' ' The capital stock of the company shall be twenty million dollars divided into " two hundred thousaod shares of one hundred dollars each, with power to in - •' crease the same, from time to time, as the wants of the company may require, " upon " vote of the majority of the shares represented at a special meeting calleil " for ti'iit purpose, or at any general meeting of the company." 3. The oirectors of the cmnpany are, in addition to the other powers confei red upon them by this Act in respect to the issue and allotment of common .-.hares of the cBpiul stock of the company, hereby authorized to pledge or sell the wtole or any part of the said common shares at such prices, and at such times, and to such persons, as the said directors may, from time to time, determine, and no person who shall hold such sham so sold shall be liable to further calls or assessments or other* wise liable on account thereof, beyond the amount for which said shares shall have been purchased from the compai.y, provided that when any new issue of stock is made it shall be first offered to the holders of the common shares before being offered to the public. i. Section 13 of sud Chapter 139 of the Acta of 1899, diall be read to have had included at the end thereof, the following clause : 3. Notwithstanding any law of this province to the cnntrary the directors of the company are hereby authorized to provide for the pay!._ mt of any dividend on any preferred shares of the company from any source from which they could prO' vide for the payment of of pay any interest on the company's mortgage bonds ; provided, always, that the provisions of this clause shall only apply to such pre- ferred shares of the company during the construction of the company's works at Sydney, tuch time not to exceed two years from the ttnth of April, 1901. 33nd March, 190a. March 7th, 190a. Then passed in Council. Then passed in the House of Assembly. (Sgd) ROBT. BOAK, (Sgd) THOS. ROBERTSON, President. Speaker. I certify the foregoing to be a true copy of an Act of the I^egislature of Nova Scotia, paawKl the aTth day of March A. D. 190a. (Sgd) John W. Ousi^y, Clerk of House of Assembly. i! I 59 1 An Act to Enable the Town of Sydney to Expropriate Land an For Other Purposes, being Chapter 84 of the Acts of 1899. ( P««ied joUi day of March, 1899. ) Bk rr KKAefKD by tht tiovernor, Council, and AMembfy, aa fellawa : .^■■V ^' T""" °'. ^'''"''' '• *""^^ ■""•oriz^J and .mpoweml to expropriat, .cqu«, purcha.., ukcov^aml hold .uch mA « much land and h,nS3«^ U.C .aid Tomi of Sydney, m the County of Cape Breton, a. may be reqni.ite an Company to be formed by Herirj- M. Whitney, hi. a«oclate. or a»l™. A nla. .how,„K the ..teor location of ,uch land, and tand. covered with wateTlemen^ prtvlcKe. and other rH,hU .hall be filed in the office of the Re^tnTaf^, fo the ccnty of Cape Breton by the Town Clerk of theaaid Tow^ Sydne" tam^ »tely after the Town Council of the ..id Town of Sydne,- .hall by L>?u i™^„ nght title and mte«.t in »id U.nd. «,d land, covered with water, ^eni^ ^^ and o.h« r«hU d-U fonhwiU. ab«Hu..ly v«,t i„ the ^TtTwu!: J. The niayor Aall give public notice by adverti^ment for three week, in - »ew,paper publ,.hed in the „id Town of Syd™.y. of a time and plac^ wtkh 1 ^.d Council .hall appoint, at which the owner, of the land., land, covert „M p^^^'XTecHnT':^'''" "^ ""r; ""•"" ^ "'■""^»'«'- '^^'^t:t purpoM of KleclinK an app™i«n-, and a ma ority of the owner, «, pnsent .hall «lect a per». to be apprai^r on behalf of the owner.. Should .ucnTner. f^ =rr-i:'--;-r:::r:p--r^^^^^ :;:^z7Li-y^rt:^i,r^s£^=H^r: r:^^£":^traS'-''"r-^^^^^^ amount, of the raid awanl ...H i„ „,V < P«"on8 entitled to the .ame the Si thousand er centum per annum, ami repay- able at such times, not exceeilinK twenty years, as the Council shall from time to time determine, which deUntures shall be issueil by the mayor under the seal .)f the town, and sold for such sums as may t« obtainable therefor, and shall be a charse on all the property, real and personal, of the town and of its inhabiUnts. and the proceeds of such delwnturen shall be placed to the credit of the town, and shall be used only for the purposes mentioned in this Act. The Town Council shall annually add to the amount to be assessed and levied upon the real and per- sonal property of the town for general purposes a sufficient sum to pay the annual interest on such debentures, and they shall further add the sum of one per cent. of the amount of such debentures, which shall be invested as a sinking fund for the payment of such debentures on the maturity thereof. 4. The aaid Town Council is empowered to furnish and provide a free supply of water to the said Iron and Steel Company, for such period (not exceeding ninety-nine years) and in such quantities a* aaid Coi ncil shall deem fit and ex. pedient. 5. The Town of Sydney is authorized and empowered to grant and convey to said Iron and Steel Company all such lands and lands covered with water, ease- ments, privileges and other rights, or any part thvreof. acquired as provided in this Act, whether by expropriation or purchase. The Town Council of the said Town of Sydney is authorized to make any agreement with the said Iron and Steel Company as may be agreed upon with respect to the occupation and use of said lands. 6. All the property, earnings and income of the said Iron and Steel Company shall Ije exempt from taxation under any law, ordinance or by-law of the Town of Sydney for the period of thirty years from the date of the beginning of the con- struction of the works of the said Iron and Steel Company within the said town. Provided, however, that the said exemption shall not apply to any building used as a dwelling house or for any purpose not connected with the business of the said Iron and Steel Company nor to the land upon which the same is erected. 7- If the said Henry M. Whitney, his associates or assigns, or a company or- ganized by him or them, shall Ijecome the owner of iron areas on Bell Island. Newfoundland, and shall commence effective operations towanl the manufacture of iron and steel within the Town of Sydney within twelve months from the twent> - «ighth day of May. 1899, then Chapter So of the AcU of 1898 shall become null r^nd void. March 8, 1899. Then passed in the House of Assembly. F. A. Laiiibncic, Speaker. In the Housh op Assembly, March 8, 1S99. Ofdered to be sent to the Couacil for concurrence. John W. Ovselev, CUrk. s* _. March a8, i8qg. Thra puMd in Conndl. RoBKUT BOAK, PniUmt.. AMCtitid to lh» joth .Iny of March, 1H99. M. B. DAI.V. LUuttnant Qovtrnor. I certify Uic forcKoinx Act to 1« a true copy of .„ Act of the I^.l.ture ol Nova hcolia pa>Kebentui«8. Tmnaferable. Town of Syilney, Trovince of Nova Scotia, Canada. Incier the authority of the Act. of the Ugl.hiture of Nova Scotia for the year A. D. 1899. The iKarer hereof is entitled to receive from the town of Svdnev, in the County of Cape Breton, Pi»vmce of Nova Scotia, the sura of ' ' dollar,, lawful money of Canada, in year, fron',' ihe'iiate iiefe;.f and interMt for the «me from Mme ,Ute at the rate of per cent, per «,nui,. payable half-yearly a, per the intere.t WMTant. hereto attache,!, payable at the ofSceoftheTownClM-kintheMidTown. Dated at Sydney, the ,Uy „f A. D. 189 Mayor Town Clerk and Treasurer 53 An Act to Enable the Town of Sydney to Knrther Reiinbiir?e the Owners of Land Kxpropriated nndcr the I'rovisions of Chapter 84 of the Acts of 1(199, Chapter 66 of the Statutes of Nova Scotia for the year 1900. ( Panwtl tbc 30th day of Marrh. A. I). C9111). ) Whiuku circum«lniicCT lliive ariiien whiih make certain of the award. iiia,le for Und. e«i.ropri.lea in Ihe Town of Sydnei. under an,l b, virtue of Chapter "4 of the Acta of Nova Scotia for the year 1S99, iwem inadequate ; A«d «-h,rm, the award, of the ai,prai»er« under the said Ait were, it ia he- lieved, made on .Irict lexal principle* which iliil not enable them lo takt inlothiir con.ideratlon the hard.hip which mi^ht unavoidably ari« in individual ca«e» ; And vhtrtan, the town of Sydney is desirou. of InvcHtiKUlinK anv ca«e of •Ue([eil Inadequate award, and so f.nr a, posailile re; the «iuu- : Aud o,4fr,a., ths town of S/dnjy r.-ceive,l from the Dominion Iron and Steel Company. Limited, the sum of $15,000 for the lmildin(i« sitnate uiwn the lands ex- propriated under the said act ; Be it enacted by the Governor, Council and Assembly as follows : I. The Town Council of .Sydney is hereby authorize I and diredc.l lo investi- Uate any complaint from any person or i)er»on8. firm or corporation, touchini; the al.CKed inadequacy of any award maile under the anthoritv of Chapter H4 of the AcU of 1(199, and for that purpose to hear any such complainant anil ex.imine wit- nes«» under oath louehinR the said complaint or anv matter or thinK relatinK thereto, and to make a report to the Chief Justice of Nova .Scotia touching any such complaint, which report shall show the names of the said complainants and Ihe further or adilitional sum of money recommended to lie paid lo each such com- plainant, but not to exceed in the auKrej-atc the sum of »i,s,ooo, 3. Thereupon the Town of Sydney may apply to the said Chief Justice for an order to confinu the said report, at the hearing of which application anv person dlasatislied with such report may be heard. The Chief Justice may make an onler amending or confirming the said report without costs to either partv. ami from such order there shall be t 3. If when the said report is made and the same finally confirmer'., the amounts so awarded shall exceed in the agKi^ate the sum of 115,000, then the ainounu so awarded shall be reduceii j receipt xiveo the Town of Sydney for any moneya received in respect of the ■aid awards. 7. All proceeilinKa Ukeu by the Town of Sydney, under Chapter H4 of the Act* of 1H99, entitled " An Act to enable the Town of Sydney to expropriate lands and for other purposes," are hereby ratified and confirmed, and the Town ol Sydney !■ decUred to have had full power am! authority to grant and convey the land^ and premises expropriated under the said chapter to the Dominion Iron and Steel Company, Limited. 8. Notice of the time and place of the investifration before the Town Council, and of the appllcstion to amenil or confirm the report, may be given by the inser- tion erf a notice in one or more newspapers published in the Town of Sydney, and the said notice shall contain the date by which all complaints shall be filed under this Act. 9. The report of the Town Council in respect to the complaint of any cUim- ant shall be valid if concurred in by a majority of the members of the council, and if there is an equal division, by the casting vote of the Mayor. 10. Before any action is Uken under this Act the Town Council, under the provisions of section 379 of the Towuh' Incorporation Act of 1895, and amending Acts, shall conven*^ a public meeting of the ratepayers, to which meeting shall be submitted for approval the question whether said sum of |i5,cx», or a portion thereof, shall be i^ipropriatcd under the provisions of this Act. 55 An Act to Kncourafj;e the Making; of Iron and Steel within the Province of Nova Scotia. Chapter 5 of the Statutes of No\'a Scotia for the >*ear 1899. (thuwl aoth ftay of March, A. [). 1N99.) Rk it i-;nacti-:i> liy the (•ovtrrnur, Counvil, anovernor-in-Council may, hy onliT. rvfun I oiir-half the niyatty |Miieen refunded under this Act shall aot be counted OB part of the minimum output of coal required of the Dominion Coal Company, Limited, under any Htatute of the province, or any lease from the Crown, or any agreement with the Commissioner of Public Works and Mines, or with the Crown, for or on behalf of the Province of Nova Scotia. S. There ahall be no refund of royalty on coal used in the makinK of iron and ■teel under the provisions of thla Act unless and until a new company ia organized •nd qualified under the provisiona of aection i hereof to receive such refund. AN ACT TO PROVIDE FOR BOUNTrKS ON IRON A^ STKKIv MADK IN CANADA. Chapter 6 c»f the StatutcH of the Dominion »»f Canada, for tli year 1H97. (AMK'iiled lo }9th Junr. 1H97. ) Her MajcRty, hy ami with the navlcc fmil omfwiit of Ihi* Svnulf unci Ilm of Commons of Canu'U, enncta an followa : 1. Tb« ('Hivernur-in-Cimncil may authorizt* th« paytDrnl of thi> fullowi Umntleii on rtecl inK»U, imittllwl iron tmnt uml piy mm mmW In Camub, thnl tu My : On ittwl inKOtK iiiumifuitiinil from inKn- lieiits «rf which not IcMt thun fifty i cent, of the welKht lliereoi coiisi^tn of pift inni inaiU' in CaiitwUi, 11 Uumty at thi (lulIufH jjcr ton ; (In I'liihlled iron luirtt nmniifiutiin-.! fro:n pi); iron niiuk- In Canintn, n honn of thm (lollam p«r toti : On |>i;^ iron ninnnfacturc.1 from im* n h mntv of lliuv .lollnm jx-r ton on I proportion produovi) fn.tn CHnmlian ore. an.l two iis in relation to the ^a Lountie-i in order to carry out thu intintion of this Att. 4. Chapter nine of the Statute* of iS^, Kntitled ■ An Act to Provule for tl I'aymentof Bounties on Iron and Steel Mimufacturwl from Canadian l>re " hereby repealed. 57 IRON ANP nadn, for tlir niiU' unci IIiMiHf [>f the fuDowtiiM 11 Catiuilii, thtit iit cMt thiin fifty {K-r [i Umnty at thrci- .'anmtn, n iMnittlv r* i>er ton on Iht- m the prr>|M>rti()it nuMlL'd iron barrt ril. cnic thouvKHil tifltl to tllL- Mtll ) Provide for th« inndian l>re." in I AN ACT RKSPKCTINC; BOI^XTIKS ON STEKL AND IRON MADE IN CANADA. Chapter 8 of the Statutta of (he Dominion of Canada for the ^ year iHqq. (ANMriltnl to nth AuKU»l. iSs^. ) -onM-nt of the Senntc nnd lliiune of Her Miijevty, tiy atiil with the fclvict and CointiioiiH uf Ctinwiii, ennctii tiit folluwa : I. The tMiiintin on rtrtrl inKot*. puddlerl iron Iwm an>t pig Imn made in CjiniMtn. auth(irize• ninety pt-r ecnt. of the amount fixed by the wid chapter. (hi Front the fintt day of July, on? thouitand nine hundred and three, to the thirtieth day of June, one thouauntl nine hundred anit four, Imth inclunive. the UiuntieH nhall l>e »eventy-five per cent, of the amount fixed hy the Huid chapter. (c) From the first day of July, one thouth inclusive, the Imuntieii ahall be thirty-five per cent, of the amount fixed by the aaid chapter. (e) From the first day of July, one thousand nine hundred and six, to the thirtieth day of June, one thousand nine hundred and seven, bolh inclusive, the bounties shall l)e twenty per cent, of the amount fixed by the sai puddletl iron bam manufactured in Canada. i. The Govern or.in-Council may make regulations in relation to the said bounties, in order to carry out the inteatioaa of this Act. 58 i: StTPPtRMENTARV AGREEMENT BETWEEN DOMINION COAL CC LTD., AND DOMINION IRON AND STEEL CO., LTD., RELATING TO SIDINGS. Moif ^fltWWfnt, made and entered into, this seventh day • October, in the year of Our Lord, one thousand nine hundred ar one, between the Dominion Coal Company, Limited, a body co porate, incorporated under the laws of the Province of Noi Scotia, hereinafter referred to as the " Coal Company," party her to of the first part, and the Dominion Iron and Steel Compan Limited, a body corporate, incorporated under the laws of tl Province of Nova Scotia, hereinafter referred to as the " Ire Company," party hereto of the secoild part : Whereas the parties hereto have entered into a certain agre ment, on the thirtieth day of June, A. D. 1899, which said agre ment was confirmed in and by Chapter 118 of the Acts of tl Proviyial Legislature of Nova Scotia, A. D. 1900, and is set 01 as schedule " A " to said Act, which said agreement is hereinaft referred to as the " Original Contract." And Whereas, in the second paragraph of the first clause the original contract it was provided among other things, : follows : " The coal for use in the works of the iron company shall 1 delivered on sidings connected with the main line of the railwi of the coal company, commonly known as the ' Sydney and Loui burg Railway.' The iron company shall construct and mainta such sidings at its own expense." And whereas, the parties hereto have agreed to vary tl agreement as stated in said clause in the manner hereinafter state Now, THIS agreement WITNESSETH : That in conside ation of the premises and of the mutual covenants hereinafter co; tained the said companies hereby mutually agree, each with tl other, that the said hereinbefore recited clause is hereby varie amended and changed as follows : FIRST— The Coal Company Agrees: (a) That it will grade' and construct an assembly yard In co nection with its Sydney and Louisburg Railway, which yard sha 59 contain and have laid down therein four several railway sidings, abont two thonsand feet in length ; said sidings to be located, laid down and graded as set out in Plan 54 T, hereto annexed, and to lower the grade and make all necessary changes in its main line, so as to comply with the profiles set out in said plan marked 54 T. (b) That it will lay down and construct a line of track par- allel with said Sydney and I^nisburg Railway, to nm from said assembly yard to the boundary line of the iron company's property, and said parallel line shall be so constructed as to form a junction at one end with the said siding, and at the other end with the iron company's main line. (c) That it will furnish the necessary rights of way for the constniction of all tracks and sidings hereinbefore mentioned, and it will permit an^j allow the iron company at the conclusion of this agreement, to remove all rails, ties, material and fastenings, composing such sidings " A," " B," " C," " D," and such parallel connecting line. (d) All the work done in the preceding paragraph shall be done in a good and workmanlike manner, and in accordance with the annexed plan 54 T, and according to the specifications to be hereafter agreed upon between the parties hereto, which specifica- tions, when so agreed upon, shall be construed to form a part of this agreement TWO — The Iron Company Agrees: (a) That it will furnish all rails, ties, fastenings and materials necessary to construct the sidings " A," " B," " C " and " D," shown on the annexed plan 54 T, and also the necessary rails, ties and materials for the constnicticn of the parallel line of track, connecting said sidings with the iron company's main line. (b) That it will pay all tlie expenses incurred by the coal company in laying down the sidings " A," " B," " C " and " D," and laying dcwn said connecting line, and also whatever expense is incurred by the coal company, in lowering the grade and in grading for the sidings " A," " B," " C " and " D " and said parallel con- necting line, and such payments shall be made, from time to time, on approved estimates of the engineer of the coal company in charge of the consLcnction. (c) That it will, during the continuance of this agreement, maintain and keep in good repair all of said sidings " A," " B," " C " and " p " and said parallel line, shown on annexed plan 54 T, and will pay the cost of such maintenaace. ... (^) That it will unload and return with despatch to the < ™„^^^^'^?u'''"f'' ""fy.** delivered to it by the coal c, ^^f^°f 71'" T ,' *"'' '" "'* instruction h^eof, the wo .w • ^^^^"^ '''^" ""^^ " within twelve honrs aftir recei, that IS, the iron company agrees to deliver to the sidings xs m ZS12"' "^ *"J '*^'/* hoi", as it shall receive loaded c during the same period; and in default of unloading and tetu mg with despatch, as above defined, the iron compaSy will pa cUv ^d nTf 7 "'^ ''l^ '°' ^'^ "" of fift^n tons « city and one dollar per car for cars of larger capacity, detained S™1HT'^"'°"'''°r><"«' ">^ time when theLnrn^ should have returned the same; provided always, that the ^ <»mp.ny shal not be liable to pa/demurrage to the coal Lm^ m the event of any delay in returning cars be due to irregulaV exi ted «>"'Pany "> good order, ordinary wear and b h^f""! r.J^ '^9^^mn, by and between the companies, part tiof of ^fi ^H ■ "■''• "r "■"* f^tenings, to be used irthe coSstr tion of said sidinp and connecting line, are to be approved as SLXL\'>"'i"^''y'if f""' ^'"I^ny.^od the switches a ^.al track work are to be of standard type and pattern used by t c^l company ; ana that the iron compaiiVshall take and have general charge of the operation of all said sidings and said conne ing track, and in the use of said sidings, the iron company shall delivered by the coal company and one clear track for the use tile empties only, and shall at all times keep one train length cle on the connecting track. A, 1 '° lu^^^u '?'P'''"?tion of this agreement, the parties here ™^v7h^ J!'%'^"'""', gl^grKih^^c^a^'^^Ki-S^ ^c^tt:rh-^-^\rre"totnf,i'- '- ^ -^^^^ ' h.ret^'^^f'i.';:;:;^^^ ^sr;.s^^s Z^ 6t the coal company shall determine to double-track its Sydney and I^uisbtirg road It the said company, shall have the right to take poss^ion of and reduce into possession, for its own absolute use, tne swing A and the parallel connecting line upon substitutiuK therefor another siding outside of the vard, as tiow planned and running next to and parallel with siditig •• D," and by building another parallel connecting line from said yard to iron rampanv's main line ; said substitutions to be of equivalent length MPANY. LTD.. ) STEEL !TH y of Jnne, A. D. lited, a coal com- f the Legislature called the I^easor Limited, a com- said Legislature eeof the second agreement dated which is set out e Legislature of ipply of coal by respecting a cer- eal and personal said agreement, rcised by sixty I by payment of ent and form of : said lease will of the epted from said •- Lessee would i in addition to ghts and posi- said agreement and litigation 65 the p^;,'„e?:r^.:' ^r^z'^ t i"' f^ '° ^°^'' '» the time limited therefor a^it^"?,, 1 ^'^ °"'"' '""» ^"hi" that the properties and i^ts of tit Z ' """"'* °^ ""= ^^»^ the sche/ule'^ereto "hoZ be inclu^rrthe",' °' iL"""^ ''"" Lessor and the Lessee. '"''"aM in the lease between the ties wUh '?"::: roThi'ta^i^^S""'" ?■»« »*'*«" "-e Par. between them coTeri„ fthe l^f.,liH "" "S^™"' "' ''« relieving the Lessee ?r?m th^^en^'o'f SS^f ^^ '^'^. "2" payment of other large sums and t^.i, • *^°o-<»ooo and the tion upon the question^ aCe referred to and?' IZ '™''""« '"'«='• tage of the parties. reierred to and to the mutual advan- havel^ee^tHS't^r^te'^,--:-' 'He said negotiation^ Marctl^T^TU';- r^^^^^^^^^^^ First day of :rfn^CCS^--2gthe£?4'^^^^^^ ties set out in^rt oTe'ortrscTed"u5e°hL'r:ra "''^" """^ """'■'■ execubnrereThS^SenuThori'rK '^" .^PP™-'^ <>' -" '"e the parties hereto . »"thonzed by the Board of Directors of NOW THIS INDENTURE WITNESSFth j .. ti« m consideration of the premiL and of th.lf ". ^I^ ""^ P*'" and agreements and of the Xr rnn^,M I- T"'""' covenants do hereby covenant and a^^td T^IXZ-""" """""«^ tion li thtXride'rHf "Srw'ljTh" ^^''"^'^ ••>• ^-"- passed at a Suecial rln»^i m ^^ *""^ "'^ ^««* respectively i^of such ^a«hX^ thMZ °h n 1""""" ^""^ ^S shall be carried out bvtw „%!!,?' *''*" **«""« operative and their respec^ve a^r^enj Z^"' f^^Jt *'!«"' ^^^°^<^'»8 to for that'purpose^^'t"! S L?'°r '"^ ^""^ ">* P»«'« »hall documen,^wnrayb^Ta3?„a'Lr;r^°uJ^.="='^ ^""^ "~"'* ^" '899r«rg'thTruppT;'of ^,t \b^f * "="' °' ^"-- ^-d. and other mattlrs and rSrL?L^ • j^ "^^ ^*^'' '° the Lessee, a lease of certain 'iai and^.^n!^"' °P"°°. '° ^^ L««^ to take everything therein contained^^^i^PS*'?^ °1 ** Lessor, and thereto annexed, shTte and Z ^^"^ '^"'^ ^°"" «' ^^ to, and these presents s^al.t S.^'Zl^^^^X^^S'lC^^ . 66 3- The heatot assigns and transfers to the Ussee for m poses and upon the trusts below specified the goods, wa« merchandise, bills and accounts receivable, cash and^er asse mentioned in part two of the schedule annexed hereto, the san being for convenience herein referred to as "liquid assets." K.-.r,t«75'n'!!r?'""".'"l''^ ''"*'° contained shall relai ^t ntv f M 't ^T"i^ '° ^"" '"''"■ 'f*** "Pon and from tJ first day of March, A. D. 190a, and the Lessee coVenants with th L^r to assume and pay, and discharge from time to time as the and since the first day of March, A. D. 1903, except the LesLr said outstanding bonds, (which bonds the Le^r is to redee^n, cancel) and to assume and ^arry out all contracts and obligation of the L«sor existing on and since said date, and to indemnif ui^" f 'r" ""j ^"^ ^'"^^ ^°^ ^"^ '»>« »id debts, li, bilities, contracts and obligations (except said bonds), and it i th.w ^il^f ^f ^«^"^ **' "« "'^ "'l"*d ^*^ "nd proceed thereof sha 1, o the extent required to pay and discharge the saS debtsand liabilities, be held by the Lessee in trust fo^and shal M!??frTi°Ji;A"'^" payment and discharge, and for no other puroose PROVIDED ALWAYS that, should thi Ussee use any of^K ",^'" Py^^Ko'- discharging the said debts and liabilities, th. S^lf. T "* T'^^H,???' *° '^'t «="«" ^ nsed to reim burse the Lessee tWor. PROVIDED ALSO, that the Lesse. ^LT '\' ^'^ * P"*^".'- ""^"^^ fo"- the renewals or othe, postponements of matnnng liabilities. PROVIDED FURTHER afttXi, "J^/u ^i'Jljqni'i assets or the p«x«ds remaining st^ ^ S^^^ ^??" ?'"' ''*^"'"'=' ^"^ *«*» paid and discharg^ e^L^n ^ L*";* L^« 'n trust tr- be us^ in developm^ rf t>° H^- H^*"'**-""' '"."J' ■"'"«- **^''' plants and machinen^ t^r^T^^ P?™"" "■? '" °° °"'" P"P0«. the expenditur" thl^f ^J* "f • uifl *^^ development, et^mentionS in ^ three of the said schedule under the direction of the Lessor, Snd mLY^ • ^5"? " ^««om.ble time, complete the devdo^ Vinvn ir^whro"' J° ""^ P*'* ""^^^ of said schedule. PRa VIDEO ALWAYS that, should there be any liabilities of fte L^r in excess of the total amount shewn in part one of the schedule hereto, and which appear or should have ^pear^ i„ the books of account of the Lessor, the Lessor shall pay the amount of rvHo'r'^e^ T '"''" ■""•'°='"''' ''^"'^ agSt the''~(ff ^y; for alleged damages or injuries caused or happening in the OTdinary course of business of the Lessor. In part one of said sch^ule are mentioned the more important of thiiontract^ nSde by the Lessor, but not all contracts. "Jmracis maae «7 5- The Uasor hereby demues and leaws to the Uawe the T *ul.1^°*' P"P««'" »nd anets mentioned in part four of the schedule hereto annexed, all which ai^ for convenCnce call^ onto t{,"JTlEir"^7'° '"'1 "^ '° '"'''' "« ^'"^ P""^ unto the Lessee, according to the nature thereof for and durinir the A*"^ <>°'""^:"T* y""' '=*'"''*'«' f™" "« firat day of April i^H^ '893 and thenceforth ensuing and fully to be complete and Lwl™7i,'?^l'"- •"»""« 1° "" '^""^ "-'^ y«" during the said term the following sums by way of rent resened at the f^low- ing times and in the following manner, namely : /., Ji) '^^\ iT °f "^ million six hundred thousand (11,600,000.00) dollars, lawful monr- of Canada, in equal quarterly pa)-ments in advance on the fi„t , , of March, June, September and December in each j-ear, the fim payment for the quarter bl fl^mL ^ ' ^"' « soon as these presents Sko^ (2.) A sum or royalty equal to seven and one-half cents oer grws ton of M40 pounds for every gross ton of coal in excess of three million five hundred thousand (3,500,000) gross tons taken by theUssee from the mines on the demised premises in any t^itn ,'„5'^"*,'"*"'='^"'8 *'y«" '» "hich excess may bi £fn^' fZ ,1"; Y^ covemints to render to the Lessor oi. or before the 31st January in each succeeding year during the con- ^I'f^t' K .1'*"?°'*^ ^ » *"* statement of the qSantity of coal taken by the Lessee from the said mines during the preceding year ending on the 31st December. preceamg ,nH ^ u'^''" T^r^ '°."" ^•«^' '»' '•>* payment of the rente the Sw Th'f ""'" "^ P^3™«='"» to be .Sde by the Lessee to Zlr^' ^fT ^^^y K""*-' '° "« L«»of » floating-charge over and upon all the bills and accounte receivable from timVto nV^^ VK"?i°«r'° "■* '-*'«* ""^ ^^"""^ °f resulting from the sale of coal by the Leaee, including all bills of exchan|e, promissory notte, chequM and orders for payment of money and other securi- ties taken or held for in connection therewith. If and whenever aeiault be made by the Lessee in payment of said rents, royalties or other cash payments, the Lessor shall be entitled (by the amoJnt- ment of a receiver or otherwise) to collect and get in the saidbills and accounts receivable, bills of exchange, notes, cheques, orders and other securibes, or so much thereof as may be necSaary to make good the default and the costs and expens4 comi^^X such collection: PROVIDED ALWAYS that until ^u^m a^or«aid the L«see shall be permitted to get in, discount, use and dispose of m the ordinary course of bmfness the said bills ^ accounts receivable, bills of exchange, notes, cheques, orders ^ 68 other lecuritiei as if the floating charge hereby granted had no been made. 6. The Lcsaee covenant* with the Leuor to pay the rent and royalties at the times and in the manner above provided an. during the continuance of the demised term to pay to the Crowi or Government of Nova ScoUa or their assigns from time to Um as they may become due, all dues, rents, royalties or other pay menta under the leases or licenses or renewals or extensions thereo or substitutions therefor, from the Crown of the coal lands or aroi or rights to take coal or other minerals, forming part of the di mis^ premises, and to keep the said leases or licenses renewed an extended from time to time to the full extent posiible under th law and the terms thereof and during the continuance of th demised term to pay from time to time as they may become du all taxes and assessments of whatever kind l^ly made or levie upon the demised premises and every part thereof, and all due: rents, rentals or other payments in respect of wharves, piers, leas holds, discharging plant or otherwise forming part of the ileinise premises, and to manage and operate the demised premises an every part thereof as required by law and by these presents so thi the Lessor's interest therein may not be prejudiced or jeopardize and so that the Lessor may not be subjected to any penalty, fine i forfeiture and to fulfil and perfonn all obligations and duties of tl Lessor respecting the demised premises whether expressed ( implied, imposed by law or otherwise. The Ussee further coy nants with the Lessor that during the continuance of the sai term it will maintain and keep the demised premises and evei part thereof in as good order and condition in every respect (n ^cepting wear and tear or other deterioration) as the same are ■ may be in at the commencement of said term and will replace a parts and things worn out or destroyed and will on the determin tionof the said term deliver and yield up to the Lessor the demisi premises in the same good order and condition. PROVIDE ALWAYS that the lessee may during the continuance of the d raised term win and take from the coal and other mines forraii part of the demised premises coal and other minerals and mi (subject to the provisions hereinafter contained) sell or otherwi dispose thereof as its own property. PROVIDED ALSO that tl Lessee may during the continuance of the demised term, at its oy expense, make additions to, alterations and improvements in tl demised premises by opening or closing shafts or mines or othi wise for the purpose of enlarging the output of the mines ai other parts of the demised premises or reducing the cost of oper; ing the same or rendering the same more efficient and also ina at its own expense, alter the tracks and other parts of the railw included in the demiied prcmiacs and may build such additional tiacki, tidings, branches, structures and improvements as may be reasonably required for the purpose of the Lessct's business and the better operation of the said railway and the other demised premises and the output thereof. PROVIDED FURTHER that during the continuance of the said term the Lessee may in the usual course of business, but not otherwise, sell and dispose of such personal property forming part of the demised premises as may become worn out or unfit for use, or as may no longer be required for the purposes of the Lessee or at the Leasee may desire to replace by property adapted for similar use. PROVIDED ALVVWS that other property of equal or greater value shall be substituted for that so sold or disposed of— or the proceeds of sale or disposition shall be applied to the ini- proyement of the demised premises — PROVIDED that no coal mining lease or area and no ship or vessel shall be sold or disposed of without the Lessor's written consent and no such personal pro- perty exceeding ten thousand dollars (licooaoo) in value shall be sold or disposed of in one transaction without the Lessor's written consent — and that no property whatsoever which is essential to the management or operation of the demised premises or any part thereof shall be sold or disposed of without the written consent of the Lessor — but the Looee may with the written consent of the Lessor and on such terms as may be agreed on — sell and dispose of any part of the demised premises. 7. The Lessee covenants with the Lessor to insure and keep insured from time to time, in the joint names of the Lessor and Lessee in Insurance Companies to be approved of by the Lessor, the buildings, plant, machinery, rolling stock and the other insur- able parts of the demised premises (but not the coal in the mines) against loss or damage by fire, and the ships and vessels against marine loss or damage by fire, said insurance to be for such amounts from time to time as will be reasonably sufficient to cover such loss or damage ; and it is agreed that any monies recovered under any such insurance shall represent the property destroyed and be used to repair the loss or damage sustained, or to restore or replace the property destroyed, such monies to be so expended under the directions of the Lessor, or with the consent of the Lessor such monies or part thereof may be used for such improve- ments or otherwise upon the demised premises as the Lessor may approve of. The fifth part of the schedule hereto shall be taken as the basis or guide respecting the properties excepting the ships and vessels, to be insured and the amounts to be carried and the insurances to be kept up by the Lessee pursuant to this covenant shall be increased or decreased from time to time with respect to the various propertie. u the circnnutance. r««>-.M re*K.nable.„dV!L, S^^ 'he « «ch, mg insured «i .fo,e«iid^„ "he n.™». ^ '""""« "^ ' insurance, the Leswr may so in.«» i^JT ?* "^ P"""'" premiums therefor, and tL iJi!^ .h!?,'' ."'•^'f™'"' "d pi L««or the premium .» pdd ^' ■>»»>«i»tely repay*!! of thedemi^l^prJ^^Vri^.'" H" •*■"«"«> «»ioy« its attorney i^fv^^ during' """^y ""titutes the T tenn with full^^r.„5 ^^. \'heT""'"" °' "" ""» name of the LeSor inX™l .n^ .J*"*" "I*"* «<> <« needful for obSnh. ' ho d^Ln °"'" ?'?=««*"?» »■"» «" and every part the^f for 5, '"'' "W^e ">« demised prem intent ,Z 'If.eanTng rf th^ piS^anr^'?' *'"• *' ' with the Lessor to assuin, ...iTf^ V^- "** ^-""e «>vem the demised 1^™\Tsrts,actttand''^L!!l^ ~'"^''"'»» Lessor arising out of or in ! " proceedings against operation of tie d«n°sed n^™1^ *«y connected with STuse and save thfTv^l^tST ^J^ ^f^' •°'' *" '»<»«»« ment or orfer^„5^?J„° ^f" '^"'to and to any ju expenses thereof. ""' *" ">* «»ts, chaiges t contituan^^rffeeS^Tt:™!"' •!l't ^-^ "»' <'»"''« < nected with the oM^^Trf^; ^*'' 'T^ »" "■« account? c distinct from the S^^^'f 1 otT,"^ """"''" "P^t* « and completely all recriota .U '»"'".'"«'"«'. exhibiting fu demised P«mfs4 a^f ^^ .Xthel""^ ""',"«'«' »*''" same and will keep such tS>unb ^^ t "'°f"'' 8°' f"™ ' accounts now kept bvX l^f^ ^ "-I "°"'" manner to f that all such accSunl and^C'';Sl?-" '^l" ?«'**»'«": " reasonable times be open forTh, Ti!!!!!!*'''* **'«'» »!>«» at , Lessor's agents or o°Kr p^,^L^^„Z,^^^ verification of tl ^ntsand other perwM^^TntS^ -t^ u^." "•> "•«» ™< times have access to thTdemS^ ^f " "^' " »" «»»'>»'' andasceruining the r^^n^^^^.^^Zt ^^^Co^^ sold /™m Se°de™i!!S' p^^"'"^'" "^ "« lessor with the co the Lessee covena"nrwiSrrhrr^ ^ .f it'^^^ .'rXS uoMblv rcquJK. ike ■nd maintain he demim) tenn I for thepreven- with the demiaed of the Khedule precautions and nanring: or keep- any premium of ured and pay all ely repay to the ficial enjoyment tntes the Lenee of the demiaed wnae to uie the in^ and causes mised premises with the true asee covenants continuance of >gs against the >th the use or d to indemnify id to any judg- \ chaiges and at during the ' accounts con- sepaiate and chibiting fully icted with the got from the lanner to the rticulars ; and shall at all ication of the id that such ill reasonable Ml „pt words :■ --.r's sf i.i •„, .-.ectioii "■'"" ," ■/ "up'-ir- on th* nponall ,„ . ,. „ -.-..s, ears >■' 'iiiii! ri' p',,.cd and I trolled by the Lessee where said coil ■■ shall conspicuously app«,r indicating , with said coal, and where the heat engines, cars and rolling stock for, , isej, such name shall be continued, vk and rolling stock such name ^hill continued. ' conti'n'uanc^o'f tem7=:^7e™T,;i' ll'-"' "^ ''•" """"«"'« L«or', written co„^t,'^r«™' or indT^r '"u'Lu"'"'"^' or as agent or otherwise rn.«o. r„L ' ' "«» or others coal m?Sng exce^^^n tlTfde™^"'"" •'"' '" ^'" '^"»'«» "' except the coal tal-n W, ,1 demised premises or of selling coal not ^th^.X^tlTJtj7,l'ZP"^}'? ""d that ft wm name or in the „a^ "f a^??!?' *"^'y <" ""iirectly in its own any shares in theTlrital ItS^ „f " '*^"'- °' °"'«'*'« ««1"'« be concert fn Ihe bns^n^ nJ ?**".' ^ "therwise engage or «eept^^ tak* f™m ^ A *=<^' "'"'"S or of selliSg^l iiot without ™ch^tt«^i«„t*rf^'"f, ^"""f ""•' "'"t >^ will name or in the na^ «?, "Jl^°' ^"^"^ " '"directly in its own any shares in thTc^"^'"^ '*'"'•" °""™'* """"" taking of any ComM^l r,^^ " ^"^ '"'""t in the u^der- businL of ^rSg' "XI ^1" ofTn""/ '° ""^ °" '''^ I'n^or intending or endLTorinl to Z^Lk'^ ?u'"P^">' """"'" majority of shar^ or oth«^i« anv otW^nL '^ "" "**?" »' *^« intending carrying on sur^'in^"""' ^'"^"^ °^°» "^ or conti'nuanS":, ^emr^T^fwin' ^' """•""""« t"' 7* deprived of the right to hold and work such areas or rights ai remove coal and other minerals therefrom to the same extent ai upon the same terms as the Lessor is now entitled to do, and tl Lessor hereby authorizes and empowers the Lessee as its attomi and in its name, but at the Lessee's expense to do all such acts ai things as may be necessary in order that the said right may be all times preserved and the Lessor covenants that in so far as su acts and things cannot be done by attorney it will itself do them the request and expense of the Lessee. 13. All improvements, betterments, extensions and additio to the demised premises and all substitutions of properties ma by the Lessee during the continuance of the demised term, wheth consisting of coal areas or mining leases, licenses or rights, mini shafts, buildings, piers, plant, tools, machinery, cars, locomotiv and all other rolling stock, tracks, branches or other improvemen betterments, extensions, additions and substitutions whatsoev shall become the property of the Lessor and shall form part of t demised premises and all leases or licenses covering coal arc adjoining any part of the coal areas at any time included in t demised premises and all such adjoining coal areas which may any time during the continuance of the demised term be acquir by the Lessee shall enure to the ben< ''■•t J and become the propel of the Lessor and shall form part of the demised premises, a wherever in these presents the demised premises are mentioned referred to such mention or reference shall include such impro' ments, betterments, extensions, additions and substitutions a adjoining coal areas. 14. The Lessor covenants with the Lessee that the Lesi paying the rents hereby reser\'ed and performing the covenants its part herein contained, the Lessee shall and may peaceal possess and enjoy the demised premises for the term here demised without any interruption or disturbance from the Les or any other person or persons lawfully claiming by, from under it. 15. The Lessee covenants with the Lessor not to assij transfer or set over or otherwise by any act or deed procure 1 demised premises or the term hereby demised or these presents be assigned, transferred or set over or sub-let in whole or part any person or corporation whatsoever without the consent in wi ing of the Lessor first had and obtained. Such consent to be gi\ only by resolution of the directors of the Lessor passed under I authority of a resolution of the shareholders of the Lessor pas: at a special general meeting of such shareholders call^l for I purpose or at an annual general meet! ig. 73 1 6. If and whenever the rents hereby reserved or any part thereof shall be nnpaid for ninety days after any of the days on which the same ought to have been paid, although no formal demand shall have been made therefor or in case of the breach or non-peiformance of any of the covenants or agreements herein con- tained on the part of the Lessee, then and in an> such case the Lessor may at any time, re-enter into and upon the demised prem- ises or any part thereof in the name of the whole and the same have again, repossess and enjoy as of its former estate: PRO- VIDED HOWEVER that the right of re- hereby given shall not be enforceable except for breach or non-observance of the covenants contained in clauses numbers 5, 11 and 15 hereof, or for non-payment of rent resen-ed including royalty unless and until the Lessor ser\'es on the Lessee a notice specifying the default or breach complained of and requiring the Lessee to put an end to , such default and if the default or breach is capable of remedy re- I quiring the Lessee to remedy the default or breach, and the Lessee § fails within a reasonable time thereafter to put an end to such default or remedy the same and to make reasonable compensation I m money for such default prior to the same being so put an end to i or remedied. ;f '7- The Lessee covenants with the Lessor to use all reasonable J efforts during the continuance of the demised term to increase the I demand for and the output of the coal from the demised premises, Jand so to develop, extend and add to the mines, plant and machin- ■■^■T of the demised premises from time to time that the capacity ■thereof may as far as reasonably practicable be sufficient at all Stimes to property supply such demand. The Lessor and the Lessee « will from time to time confer together as to the development, ex- ajensions and additions required for the above purposes, and in order what the Lessee may be in a position "to make the expenditure T ""* *''''*^'' '"*y '* required in the near future and until the ;|Lessee can conveniently make such expenditure out of its own ^resources, the Lessor may advance to the I.essee from time to time "Ssuch amounts as the Lessor may from time to time decide to be ■retjnired for such purposes and which it may not (in the Lessor's ■opmion) be convenient for the Lessee to expend out of its own re- Isources the amount so advanced to bear such rate of interest (not ^xceeding 5 p. c. per annum) and to be repayable at such times ^nd on such conditions, including the creation of a sinking fund, ■as may be agreed on, or in default of agreement as may be settled' |by arbitration under paragraph 23 hereof—all monies so advanced •) be expended under the supervision of the Lessor upon such de- ,. elopment, extensions and additions as the Lessor may determine PROVIDED ALWAYS that so long as expenditure is required 74 for development, extensions and additions tor the above purjK the profits, after providing for payment of rent and the ot charges created hereby, derived by the lessee from the operat of the demised premises shall as far as necessary be used for si expenditure and for no other purpose. i8. All plant, machinery, tools and implements from tim< time in use on or in connection with the demised pi'emises and oiwration thereof, whether originally forming part of the demi premises or procured by the lessee for such use, shall at all tii be and become part of the demised premises. All premises wh during the continuance of the demised terra the Lessee may acqi by lease or otherwise in any city or town or other place in Canadi elsewhere for the purpose of .storing coal pending sale thereof, ; all discharging and loading plant, machinery and appliances connection therewith shall enure to the benefit of the Lessor : become part of the demised premises. And should the Ives.sor enter upon the demised premises under the terms of this leas( otherwi.se, all such plant, machinery, tools and implements shai: the property of the I.,es.soi free from any claims or interest of Les.see or of any one claiming through the I^essee, and shall yielded up to the Lessor. All coal and other minerals taken fi the mines on the demised premises shall, until actually delive off the demised premises under contracts of sale, remain part of demi.sed premises— PROVIDED HOWEVER that should Lessor re-enter as aforesaid and take possession of the coal in ba the Lessor .shall from time to time as it sells or otherwise disp< of such coal in bank pny to the Lessee or to any person or cor] ation entitled tliereto by assignment from the Lessee, the sun seventy-five cents j)er gross ton of 2240 pounds for each tor coal in bank so sold or otherwise disposed of, plus royalty paic the Government upon such coal if such royalty has been p Cmil in Bank shall only mean and include coal taken out of mines and .stored on the demised premises and not in cars pend shipment. 19. The Lessee .shall not be required to return to the Lei upou the termination of the tenn hereby demised any leases coal areas which may have expired and which the Lessee is i under the terms hereof, bound to have renewed, nor shall it Iwuiid to deli\er to the Lessor the areas covered thereby or any the property thereon, except such as can be advantageously moved in accordance with or without breach of the tenns of si expired leases. 20. Upon the expiration of lea.ses forming part of the raised preraises hereunder, other than charter parties of vessels i 75 boats and mining leases from the Crown the Lessor shall, at the request of the Lessee, co-ooerate vith the Lessee to procure renew- als or extensions thereof or new leases of the same property, and such new leases shall, if the Lessor so desires, be taken in the name of the lessor, and the same and the property covered there- by shall be and by appropriate instnnuents sliall be made to lie part of the demised premises herenndei. If the Lessee acquires in substitution therefor by leases or otherwise other property, such lease or other transfer shall, if the Lessor so desires, be taken in the name of the Lessor, and the same shall be and by appropriate J instruments shall be made to be part of the demised premises herc- I \mder. If the necessity for any such renewal, extension or new I lease no longer exists, then the Lessee shall be held accountable g only for the value of the plant, machinery or other property upon a the property covered by said lease to the extent to which the same f can be advantageously removed in accordance with or without S breach of the terms of such expired lease. J 21. In the case of all vessels and boats now held under ■f charter and forming part of the demised premises hereunder, it is 5; agreed that upon the expiration of such charters the Ix:s.see may ^ renew or not in its own name as it pleases. Vessels or boats lierc- 4 after chartered or acquired by the Lessee in its own name shall not porm part of the demised premises hereunder. 22. The Lessor may itself make any payment or do any act I required by the terms of the leases or licenses of the coal areas or Imining rights, or by the law so as to preserve the same and the Irights thereunder unimpaired or to procure renewals or extensions Ithereof and in every such case while retaining unimpaired all its Vights and remedies against the Lessee, the Lessor shall be at once repaid by the Lessee all expenditure made and shall be indemni- fied by the Lessee against all loss incurred. 23. If any dispute or difference shall arise between the Lessor land the Lessee concerning the demised premises hereunder or the Iworking or operation thereof, or as to what is included therein, lor as to the carrying out of any of the agreements herein contained, ■ then such dispute or difference shall be referred to the determina- Ition and award of one arbitrator to lie agreed on, but in default of lagreement, then to three arbitrators, one to be appointed by the |I/C.s.sor, one by the Le.s.sec and one by the two so appointed ; and Ithe award of the sole arbitrator or of any two of the three arbitra- Itors, as the case may be, shall Ix; final. The award may determine |by whom the cost of the arbitration and award shall be borne ; and everj- such reference shall be deemed to be a submission to arbitia- 76 NnvT''^'!'- "■* '^'•'"""O" Act now in force in the Provin Nova Scotia, or any statutory enactment for the time bein force with regard to arbitration. 24- Should the Lessor reenter upon the demised oreii under the power of ren^ntry herein contained or"^,S« for the time hereinafter stated sell and supply to the I.«is«e al coal that It may require for the operation of its own wX^, bunkering steam.rs owned by it or for the ti»e b^inThi^ Th/ Tcf*^",?".^ ^P^°y^ i" "-^ business of its^saJw ^^ I«l. "°i''' ^""" '*>«" '°='»d«^ 'he whole operatk^ tl^f nf ?I,1 1 '"? fi'^"' '" '^P' Breton or any exfens hereof at that place, including furnaces, foundries, shops ov 3f'r,^T'' ''r*"!"' switching engines and al othVr Z «esSan"S r^ for the time being :TrOVIDED that h^ see shall, so long as the Ussor is willing and ready to sell a^lV""'''^'vP"l^""^ fro"- the Lesl,r and^Und pa, all coal required by the Lessee for the purposes aforesaid and^^ not purchi^ or Uke coal for the opefatiTS i"L"d wo^^ any other Company or person. The^aid coal shall be dX^ sidings connected with the main line of the Lessor's raUwir^ monly known as the Sydney and Louisburg fiXay such ^idi o be constructed if neces«ry and maintained at the ex^se of ^of'th^r '"'■ ^•'S''*l ~"' '° •* '^^"«'«' at anrshipp pier of the Lessor in the harbor of Sydney then in use and wh ttllT^- •"?/ ^*"«^?'^' ^'"' 'he Lessee shall in addition to price hereinafter mentioned pay al! current charges on vessel f,^f1,-. 1 ^ '"^'''y """*'' ""'' «> far as the same is requ for the coke ovens and the steel works of the Le^ t sha^ supplied from such seams then being worked byl^^„ Lessee may designate. All other cSal .hall ^ of a ™de1, equal to the grade of run^f-mine^oal then being supnliS^toJ' customers of the I^.,sor. The cars for the coal^are?o iTprovh ^^r ^T' I""'' '^" ""^ "> he of a type to b^ approved by & 'tV'"'' •!!,'' i° •'^ P™"P"y '"^ded and deSverrf by Z^L, ?^he period dunng which said coal is to be so lold J drolnril A n"^""' '° ^'l^ V"«= ^h^" terminate "iThf ^tJ I P ' °- '992. The Lessee shall from time to time u n? K^r ^''«^'h"S three months give notice toThe L«Sr Its probable requirements of coal for its said works for ^h rar^i;"1n':ii^"^:fThe '-^ " '"'' requiremenfat ^ 'tfme": I„i«~. • .*'''^^^°f the requirements ex st ng at the time «i notice ,s given, then the Lessor shall use due W"^ ^pre^ the Province of : time being in emised premises • otherwise, the conditions and le Lessee all the n works and for eing hired by it ! its said works. lie operations of ertaining to the any extensions s, shops, ovens, ill other works D that the Les- idy to sell and ake and pay for said ; and shall iaid works from be delivered on s railway, com- ly, such sidings expense of the : any shipping use and which addition to the s on vessel and " run-of-mine- ame is required isee, it shall be e Lessor as the : a grade fully pplied to other to be provided ^proved by the Jivered by the be so sold and ite on the first ime to time at 5 the Lessor of i for the then t any time are ;he time sucli ;nce in prepar- I 77 ing to furnish the increased requirements and the Lessor shall in any event be prepared to furnish the increased requiremenfa with- m twelve months from the giving of such notice. The price to be paid to the Lessor for coal delivered under this agreemeJit shall be the sum of $1.24 per gross ton of S240 pounds, subject at the insUnce of either ^rty hereto to revision at the end of every ten years from the 30th June, 1899, and at the end of every ten years thereafter in the following manner : If either of the parties hereto complains to the other at any such time of the then price, and no agreement can be arrived at ^rri "'■^'^" "'^" Pf^y "^y <'*'"«"<^ °f «he other that the SJtTJ V. ^-f '?■ ^""^ r^^ '"'■ "•' s''=«e» final to determine Kt?."""°"'.^"'' *'^ *° determine by whom the cost of the t^^°A ""^'^Jl'' ■"''f ^ *»""; ""-^ ^^*^ ™^h referent snail be deemed to be a submission to arbitration within the Arbi- tration Act now in force in the Province of Nova Scotia, or any stotutoo- enactment in force for the time being in r^ard to arb. mtion. The said arbitrators, or their umpire^ shall if dete,^ w3 T\ •'i^"' ^'^^'V ^'^> ""^ ^^^"8^ ■=<»' °f "ining and u T^i'"?"^'"^ "",'"8' ^°^'"« '«° =a's an*! Pieking) th? coal sold by the Lessor to the Lessee for the preceding ten years, and the cost of transporting the same from the mines of the Lessiir to die works of the Lessee :-(6) such cost at the date when such «- bitration is demanded In estimating such cost, the arbitrators or their umpire shall take into consideration the different items of expenditure enumerated in the sei-enth part of the schedule hereto annexed ; and if at the time said arbitration is had it is made to appear to the said arbitrators or their umpire that there are any other charges which should be legitimately charged to the cost of I'TViZ'T"^ '^''^T'- '*'™ *"'' '» ^""^h ^. ™eh charges ^ ^H f .^ ^^T°, The said arbitrators or their umpire sh^ also add to the cost of mming and winning said coal the rovaltv 7« payable thereon to the Government of Nova Scotia, and the pro- portion of general expenses and taxes and insurance, fairly charee able to said coal. The said arbitrators or their umpire shall also add to said cost of mining and winning said coal its proportion of the cost of repairs, renewals, extensions and reconstructions neces- sitated by ordinary or extraordinary causes. If the said arbitrators or their umpire find that the colt of mining and deliver) i^f; the coal has not changed from the average cost of the preceding t;n years, then the price shall continue un- changed for the next succeeding ten years ; and if the said arbitrators or their umpire shall determine that said cost has increased or been reduced ; then the said price shall be increased by said arbitrators or their umpire, or be reduced in proportion to such increase or reduction of the cost thereof. PROVIDED HOWEVER that under no circumstances shaft the price of said coal be less than f 1.24 per gross ton of 2340 pounds. Payment shall be made by the Leasee to the Lessor «a the aoth day of each month for the quantity of coal delivered tw the Lessor to the Lessee during the preceding month. The agree' ment above contained on the part of the I,essor to sell and supply coal to the Lessee is of a personal nature to the Lessee and is not assignable, except to the Trustee of any mortgage securing bonds issued or to be issued by the Lessee, and then only for the pur- poses of the works and undertakings covered by such mortgage and for the operation thereof by the Trustee or any purcha.ser thereof. The Lessee covenants with the Lessor that it will not sell to any person or corporation whatsoever in whole or in part the coal sold and supplied to it by the Lessor under this agreement, except as may be otherwise agreed in writing by the r.,essor. Should the Lessee establish and operate at any point between the mines of the Lessor now existing or hereafter operated and its blast furnace or furnaces a coal washing plant, the Lessor shall at the actual cost thereof allow the coal to be washed " in transit" The Lessor agrees to transport in carload lots raw materia) for the use of the Levee's works and the product of said works over its own lines of railway to or from the yards or works of the J^es- see at the rate of twenty-five cents per ton, which sum shall b<- payable whether such freight is transported over the whole or part only of said line or lines of railway. The cars shall be furnished and lo«kd and discharged by the I.,essee. This clause .shall ter- minate on the first day of April, 1992. 79 25- wherever in these presents, the L,essor or the LesKe is mentioned or referred to, sui:h mention or reference shall extend to and include the successors and assies of the party so men- tioned or referred to. It witness wh«reof these presents have been duly executed by the parties. DOMINION COAL CO., Limited. {Sjid.) Jas. Ross, Vice-President- J. MacKav, Treasurer. In pRscHce Of (Sgd) B. F. Peakson. [US.] DOMINION IRON AND STEEL CO . [L.S.] B. F. Peakson. Limited. ROBRKT MacKav, Actin|;-Presideut. J. MacKav, Treasurer. m SCHEDULE. PART I.— LIABILITIES. Notes Payable Acconnts Payable Accrued and not due 11840,000 00 161,941 so • 77.589 50 »i.079.S3i 00 CONTRACTS (Real Estate, Rolling Stock, &c.) Hochelaga Mortgage Cape Breton Real Estate Co., Ltd. Dominion Rolling Stock Co., Ltd. . Cape Breton Electric Co., Ltd. Sydney & Glace Bay Railway Co, Ltd. CONTRACTS (Coal). Intercolonial Railway, Sydney New Engfand Gas & Coke Co. Everett, Mass. (so long as contract I^*'"' Newfoundland, conti .ues> Dominion Iron & Steel Co., Sydney Dominion Atlantic Railway, Varmouth ( Halifax Canada Atlantic & Plant Co, < Sydney (. Charlottetown Fumess, Withy & Co., Halifax Pickford & Black, do People's Heat & Light Co., do Montreal do Quebec Montreal do Canadian Pacific Railway, Grand Trunk Railway, Great Northern Railway, Montreal Street Railway, Richelieu & Ontario Nav. Co., igK ^' BW BT "" f7«^''iBi| Mf^ Wf '-i Si Canada Sugar Refining Co., Montreal Laurentide Pulp Co., do Montreal Gai Co., do Merchants Cotton Ca, do Montreal Rolling Mills, do Sundry other small Contracts, Montreal, Sic P.VRT n.— LIQUID ASSETS. Cash in Bank and in hand . $317,355 36 Accounts receivable 632,344 29 New Supplies! tores and Warehouses 318,114 74 Coal on hand- .... 196,289 80 S.S. Hire and Insurance paid in advance 41,832 25 $1,715,936 44 PART III.— DEVELOPMENT AND IMPROVEMENT OF MINES, WLLIERIES AND WASHING PLANT. I. ('0 The installation at all important steam plants of a .sys- tem of mechanical stokers and machinery for handling coal and ashes similar to that being erected at Caledonia and No. 2 Mine. (b) The substitution as far as practicable of mechanical haul- age underground for the present horse haulage. (c) The completion of the development and surface works of No. 2 Mine in such manner as to insure an output of 6,cxx) tons in ID hours with the least practicable anount of manual labor. It being estimated that this requires for both Phalen and Harbor scams a system of mechanical haulage to be approved of by the Lessors. The installation of further air compressing machinery to supply all the air required by the coal cutters and auxyliar^ engines nece.isary to produce the above output. A second fan and air-way for ventilation. The necessary boiler capacity for supplying the e:igines, compressors, fans, pumps, etc. A plant for condensing exhaust steam from the engines. The buildings necessary to con tain the machinery to be bailt entirely of lire-ptoof construction of the same materials and strength as those now being erected. The completion of the surface railwa}' yard : and the addition of pick- ing belts and houses for the latter if these are found (iairable. (>') A single large engine at the washing plant (•) All new bulldingi nqnirad >k to be boilt of tnftot conitraction cqoal in itrength and dunbility to tho« now beiq erected at Na a Mine unlen other conitraction is gpedally agree upon for isolated itmctnici. II. A SvsTiM or Watkr Works with a central pnmpin itation to supply the collieries, shop* and houses of the Dominio Coal Company as may be required, the present plan being to dai McAskell's Brook and erect a pumping station near Ct dam. III. Tkansfoktation. — (u) Rolling stock, motive powi and equipment necessary to handle economically the increase products of the mines. (b) Change in the alignment of the railway at Catalone to n - move the danger of washouts in heavy storms. (e) To raise the embankment at about 8>^ and lo miles froi Sydney to decrease the limiting grade between the collieries an the Shipping Piers at Sydney. IV. Loading and Unloading Faciutik8.^o) To coi struct a new shipping pier at or near the site of the present lute: national Na i Pier at Sydney. This pier to have a storage capi city of 6,000 tons, and to be of such height and extended to sue a depth of water that two vessels of ia,ooo tons can be convenien ly loaded at the same time. (f>) To acquire wharf property at Halifax and St John and 1 other points to which it may be desirable to ship coal in considei able quantities, and to erect at Quebec, Halifax and St John an at other points where property is acquired for the purpose suitabl discharging towers and storage bins. (0) To '•oqui-t; mining leases. Crown lands, or other p rope rti t desirable for tii> protection or development of the Cool Company' business. PART IV.— DEMISED PREMISES. All mines, mining areas, seams of coal worked and unworkec lands, lands covered with water, easements, rights and privilege: mining machinery, mining tools and implements of all kinds, ei gines, boilers, houses, buildings, wharves, piers, apparatus for th loading and the unloading of coal, railways, railway engines, ca i homa md repair Rhopt and nuchinery therein, can ol all kindi and dcacription, station houio, and gencfally all tlie property of the LcMor, in the County of C&pe Breton, in the Province ol Nova Scotia, of whatever kind and description, whether owned by it or held Iqr it tinder Icaie from the Crown or otherwise (incloding the coal mined, and new and unused tools, materials and supplies of all kinds on or about the said demised mines and premises, or else- where, the books of account of said Company, bills, notes, debtsX and all its steamers, ships and vessels of all kinds, owned or chartered by it, and wherever situate, and all lands, buildings, wharves, piers, machinery for loading and unloading coal wherever situate, whether in the Dominion of Canada or elsewhere, owned by it or held under lease. PART v.— INSURANCE. Lessee to keep demised property insured as at present to the amount of ti,794,34aoo, and all future acquired insurable property to be kept relatively as fully insured as the present demised property. PART VI.— PRECAUTIONS, ETC, AGAINST FIRE. The installation of an eftaent system ot fire protection at all important works of the lessors. This fire protection to consist in a general way of an nndetgronnd system of pipes with convenient- ly located frost proof hydrants, underwriters* fire pumps of at least i,ooo gallons per mionte capacity for each mine and shipping pier, the washing plant and the shops. A properly constmcted oil house and necessary storsge tanks and piping at each mine, and an efficient sprinkler system with necessary supply tanks for all structures which are not to be re- built of fire-inoof construction. A fire-pioof structure over the boilers and fire pump at each of the plants and other fiie-proof sUucture s , as follows : Caledonia Mine. — New Warehouse, fire- proof walls around compressor house, fire-proof roof over engine and compressor house. Dominion Na i Mine. — New Warehouse, fire-proof roof over engine house, fire-proof extension to boiler house, fire-proof extension to engine. All to be approved by the Factory Mutual Fire Insurance Company's inspector. maoeon nutuTioN mi chai? (ANSI Gnd ISO TtST CHAKI No. 2) in i&ii£ MIS *'\J us ^ ^ III "1^ 1 20 I.I S^. "^ J APPLIED INA/IOE Im 84 Province ok Qi '.bsc, District ok Montreal, I, Herbert Meredith Marler, the undersigned Public Noterj- for the Province of Quebec, residing and practising at the City of Montreal, in the said Province, do hereby certify and attest to all whom it may concern, that on this day, the twenty-first day of July, in the year of Our Lord, one thousand nine hundred and two, at the City of Montreal aforesaid, personally came and ap- peared before me, Benjamin Franklin Pearson, subscribing witness to the within and foregoing Indenture, who having been by me duly sworn, made oath and said : That he, the said Benjamin Franklin Pearson, was present at the execution of the said Indenture, and did see the said In. denture duly executed by the Dominion Coal Company, Limited, a body corporate and acting in that behalf by James Ross, the Vice-President, and J. Mackay, its Treasuier, and that the said Company by its said officers, did in his presence affix the corpor- ate seal of the said Dominion Coal Company, Limited, to the said ludenturt. And also that the Dominion Iron & Steel Company, Limited, a party to the said Indenture, acting in that behalf by- Robert Mackay, the acting President, and by J. Mackay, the Treasurer of the said Company, did duly execute the said deed in his presence, and that the corporate seal of the said Dominion Iron & Steel Company, Limited, was affixed to the said deed in his presence by the said officers of the said Dominion Iron & Steel Company, Limited. I further certify that the said Benjamin Franklin Pearson, made oath before me, that he was present at the execution of the within and foregoing Indenture, and saw the same signed, sealed and delivered by the parties thereto. In testimony thereof, I, the said Notary, have hereunto sub- scribed my name and affixed my notarial seal of office at the City of Montreal aforesaid, this twenty-first day of July, A. D. 1902, to sen'e and avail as occasion may require. (Sgd.) HERBERT M. MARLER, Notary Public, Quebec. oal Conipanv, Ti:;jr>H;:x:. i'nw. A',-; .•! Tr RESOLUTION AUTHORIZING EXECUTION OF MORTGAGE. " On motion of William B. Ross, seconded by Robert Winsor, it was voted that the President and Treasurer be autliorized and instructed to execute and deliver, in the name of, and under the seal of, the Company, a mortgage of all the property, rights, and franchises of the Corporation, whether owned by the Company nt the date of said mortgage, or thereafter acquired, to The New England Trust Company as Trustee for the bondholders, and that said mortgage be of substantially the for' ind effect following, and that all the provisions and stipulation^ -ntaioed in said form of bond, and said mortgage, when executed and delivered, be valid and binding upon the Company. 5100 votes in favor. None against." The above is hereby certified to be a correct extract from the minutes of a meeting of the stockholders of the Dominion Coal Company, Limited, held on February 17, 1S93. (Signed) Attest: J. S. McLENN.\N, TVeaaurer and Clerk pro lem. DEED OF TRUST TO NEW ENGLAND TRUST COMPANY. This INDENTURE, miule this twi-nty- fifth day of April in the year of our Lord one thousand ei^ht huiidreil and ninety-three, by and between the DOMINION COAL COilPANY. Limited, a oorporatiou organized and existing under the laws of the Province of Nova Scotia, hereiuaftpr called tlie party of tlie ilrnt part, and THE NEW ENGLAND TRUST COMPANY of Boston, in the Commonwealth of Maagachuaetts, a corporutioo organi7.cy them duly authorised and approved, and all conditions neccB£i:ry to authorize the execution hereof have been complied with. Now, therefore, the party of the first part in consideration of the premises and of the sum of one dollar to it in hand paid by said Trustee, the receipt whereof is hereby acknowledged, and to secure the payment of the interest and princi>;'^i of the bonds, hereafter described, according to their terms and effect, doth, in pursuance of the foregoing power and authority, and every other power and authority it thereto enabling, hereby give, grant, bargain, sell, convey, assign, transfer, set over and deliver unto the said The New England Trust Company, Trustee, and its succeasora in at id trust, all and singular the leases of mining areas, and the mines, coal, fixtures, machinery, patents, railways, tracks, road-bed, station hoaaes, whar\-e8, rolling stock, ships, stocks, bonds and debenfnm of oilier corporations, revenue!, tolls, contracts, obliga- tions, powers, rights, privileges, eieniptions and francliiiies (includ- ing the right to organise as a cor|)oration under Its charter), and all other property, wl'ether real, personal or mixed, and wheresoever aituated, now owned or enjoyed by the parly of the first part, or which may be owned or enjoyed by It at any lime during the exist- ence of this mortgage, and more especially the following described property, the speciflc enumeration of which Is not to be construcil as llmitlDg the foregoing general statement of the property intended to be hereby conveyed : A. All the property, land and prcmlaes situated at Bridgeport In the County of Uape Breton and Province of Nova Scotia conveyed to the party of the «rst part by deed of Henry M. Whitney and Margaret F. Whitney, his wife, dated' the day of Mareh, 1898 and conveyed to said Henry M. Whitney, February 25th, 1898 by deed of John E. Bnrchell, Henriettu W. Burchell, his wife, James T, Burclicll, Susanna W. Bnrchell, his wife, Antoinette W. B. Burchell, widow, the said John K. Burchell and Antoinette W. B. Burchell as ailministrator and administratrix of the estate and ellecta of George L. Burchell, deceased, John E. Burchell and Antoinette W. B. Burchell as Guardians of the estate and persons of Thomaa Edward Burchell and Rina Emeline Burchell, minors, and lieii-s of said George L. Burchell, deceased ; both of said deeds being recorded at Sydney. Said property, land and premises were described in st . deed to Henry M. Whitney, aa follows : IBere/oUmmi demrijitm, of the land of BuTcheU hein, etc.] B. All the property, land and land covered with water situated at Big and Little Glace Bay in said County of Cape Breton, which was conveyed to the party of the flrat part by deed of the Caledor'a Coal and Railway Company dated the flay of April, 189J, and recorded in the office of the Registrar of Deeds at Sydney in said County of Cape Breton. Said property was described in said deed fron. the Caledonia Coal and Railway Company to the party of the first part as follows : — * [Hm foaow, d-KTiiition of the land and jmpeHy owned by Caledonia Voal and Railway Company.'^ C. All the real and leasehold property, interest and estates together with the raili'oad roUing stock, piers, machinery, imple' rnenti, appurtenancn, nppllmi.'ea aoperating, re- pairing and replacing the said railway or any part thereof or any of ita equipments or appurtenances, all of which thinga are hereby de- clared to be appurtenances and fixtures of the aaid railway and to be Included in and to pass by these presents and also all franchiaes which are possessed by the said International Coal Company, Limited, in connectiou with the said railway. Also the charter for said railway and any other charter or charters owned or controlled by the said International Coal Company, Limited, the shareholders thereof or other persons in trust for said Company, including all contracts, engagements, rights, powers and privileges relating to railroads existing or prospective in the Island of Cape Breton, aa well as all subsidies from tile Dominion or Provincial Governments relating to such existing or prospective railroads or in aid of the constmction thereof. inert foUoim deKriiilhn of land and property owned by the Inleraational Coal Company, Limiled.'] V. All the property, lands and premises situated at Little Glace Bay in said County of Cape Breton, which were conveyed by the Glace Bay Mining Company, Limited, to Henry M. Whitnev tiy ilernl ilatcil :lie il«y of April, 1S93, and nwonled In the ofllcr iif the Hc'«i«tnir of l)eeil> nt •aid Myiliwy; anil liy uiil Whit. any conveyed le«, hIa w'fc, William H. Archibald and Kleauor G. Archibald, hia wife, Charica Archibald and Edith J. Archibald, hii wife, Edward M. Archibald and Carrie Archibald, his wife, and Blowers Archibald, Junior, and Zaidee Francis Archibald, hia wife, the aald William H. Archibald, Chariea Archibald, Eilward M. Archibald and Blowers Archibald, junior. Bona and devises under the will of Honorable Thoniaa U. Archibald, deceased, to Henry M. Whitney, by deeOH of land and rnpnt^ mnti bg AltMtndtr OamjiljrU tl a/.j O. Alt that otrttln oocl mining lau« iHued to th* put; of tht Int put by Htr MajMty'tbe Queen, raprCMnled in that bebiU by the CominlHloner of Public Worke ami Mluee of the Province of Nova Scotia dated the dm day of April A. D. 1898, and iaiued nnder the provieiooi of eectlon IftA of an act of the legialiture of Nova Scotia paued on the SOth day o. April, A. D. 189«, being chapter one of the aoU of eald year, entitled " An Act to amend and coneoiidate the AcU relating to minci and mlnerale," and under the proviiioni of an act o' laid legiilature for the year 1893 entitled an "Act for the farther cncoaragement of coal mining," together with all and eingnlar the beda, veina and eeama of coal whether opened or unopened, witbin, under or npon the tracta of land deaoribcd In aaid leaae, to which reference la hereby made. Said tract! of land deicribed in Mid leaae are lituate at Olaoe Bay and at Cow Bay in aald County of Cape Breton and eomprlae the following ccal areaa formerly inolnded within leaaea from the Crown, via ; — [//ere/oUouw (Ulailed AfKrlpthn of Crown Coal Mining Leaf, dated April I, 189S.] The party of the flrit part hereby aaaigni and lete over aaid leaae, and tba demiaed premieea, to laid Truatee for the full te'oi of aaid leaae and all renewals thereof, intending to veat ir nnvl TrustAe all the righta, powera and privilege to whicb the party of the Aral part la entitled under and by virtue of aaid leaae, aa fully and oompletely aa the lame are held and enjoyed by the party of the Urat part, U (1) All the right, title and intereat of the party of the Ural part in and to the caplMI gtocli of the Olace Bay Mining Company, Limited, a corporation ..-ganized and eziating under the iawa of. the Province of Nova Scotia, which stock, at preaent, a* ' nda in tht namea of Henry M. Whitney and othera. (S) All the right, title and intereat of the party of the Drat part in and to the capital stock of the Caledonia Coi:l and Railway Company, a corporation organized and existing ' the Iawa of the Province of Nova Scotia, which said atook w held tor the benefit of the party of the first part. (8) All the right, title and interest of the party of the first part In and nn ier a certain declaiiitioq of trust dated April 84th, IMS, »m\ nmittA by Henry M. Wliltney, Rolvrt Wlnior ud John 8. Mclennan, of mhI ooDccrnlDK certain aharea of tbe capital aloclt of Tlie Black Diamonil MteaOHhip Company of Monlrtai, Limiteil, a sarinration organiawl and eilallnx un<)er the lawa of tbe Dominion of Canada, which aaid atock alauda In the namta of aald Whitney, WInaor and MoU-nnan aa Trnateea. I. (1) All and alngiilar a cerUIn contract In writing dated tha IStb day of January, 1«9.,, hy and belimn the Low Point BaraaoU and LIngan Mining Company and Jolin Stewart McLennan, aa agent for Henry M. Whitney, for the pnrchaae of tbe real and peraonal property, including the coal mining Icwa from the Crown, of aaid The Low Point Baraaoia and LIngan Mining Company, aa In aaid contract aet outi and which .aid contract waa aaalgnol and airt over unto the party of the llrat part b> aald Whitney, on the 241b day of April, 1898. , (8) All anil aingnlar a certain contract In writing dated tbe «Sth day of January, 1893, by and between the General Mining Aatoclation, Limited, and John Stewart Mclennan, aa agent for Henry M. Whitney, for tbe pnrchaae of the real and peraonal property, including tbe coal mining leaaea from the Crown, of aald' Tbe General Mining Aaaociatlon, Limited, aa in aaid contract aet out, and which aald contract waa aaaigned and aet over to tbe P»rty of the Drat part by aald Whitney on the i4tb day of April, 1898. (») All and aingnlar a certain contract In writing between William Roaa and Henry M. Whitney, dated the S4th day of January, 1893, for tbe pnrchaae of certain coal mining leaaea from tbe Crown and certain licenaea to aearch over tbe Point a ConI »reaa, aa In eai« «"t pmrt by •aid Whitney, on the 24th day of April, 1898. J. The following ateamahipa which were aold and tranaferred to the party of tbe Snt part b, The Bl«!k Diamond Steunahip Oooip«iiy of MoBlKal, Mmlttd, bjr Ulb of uk d*l«lii|i ninu' " Oape Bteloo," and rr(l«. tortd *l Mouirftl hi IH«». Tli« i>mci>l riuiiilH>r of mIcI ■teui.hip U 97,808 aiHl lb« port number U i. (») Brltlih Nillt •tMiiMhIp namnl "IxiniihurK" and reglattnd •t Montreal In 1891. Tbe nfflclal number of aaiil •ttamahip la 83,A8!I anil tba port number la 8. (») Hrltiih built ateamahip nameil "Oaoouna" and regialured at Montreal In 1884. The official number of aaid ateamahip la *7,99S and the port number ia 6. (4) Hritiah built ateamahip named •'Honaviata" am. regiater- •d at Montreal in 18gS. The offloial numlier of aaid ateamahip ia 87,966 and tbe port number ia d. Togetlier with all the furnltnre, ar el and appnrtenanoea to aaid eleamera iMlonging aa aold and tranaferreil to the party of the Brat part by aaid "The Black Diamond Stafnahip Company of Uontreal, Limited." The above mentioned ateamera are to be mortga^ i ly the party of the llrat part to aaid Trnatee by aeparale inatr .nta in writing which are to be recorded at Montreal, aaid ateamera are Included herein for the purpose of declaring the truau upon which aaid Truatee ia to hold the aliove mortgagee upon aaid eteamabipa and aaid truata are declared to lie the aame aa thoie hereinafter aet out In tbeae preaenU. All thoae certain llcenaea to aearch for minerala other than gold, or gold and ailver, ovr areka within the County of Cape Breton, which were aaalgaed to the party of the flrat part by Henry M. Whitney and which were aaaigned to Henry M. Whitney by John White by aaaignment dated March lat, 1898; being all thoae llcenaea applied for by aaid John White on tlie 21at and S!4th daya of January, 1898, and the 17th day of February 1898. Saving and excepting, however, any mining areaa, or leaaea thereof, ahipa or other property, real, peraonal or mixed, which may be hereafter acquired by the party of the Irat part from the prooeeda of any bonda, debeuturea or other obligationa hereafter iaaued by it in exceaa of the origir^l authorized iaaue of three to TO HAVE AND TO HOLD the (bora granted propwty, privilegea and fronclilwa onto uid The New England Trait Company, Trnatee, its ancceaaon in trast and asaigna forever, bat in truat nevertheleaa as aeeurity for tlie payment of the prinoipal and Intereat of the bonda hereinafter deaoribed, and for the oae and benefit of the peraon or peraons, body or bodies, politic or corporate, who may hold any of aaid bonda or ooapona, and for the pnrpoaea, and anbjeot to the tenna, oooditiona, provialona, covenants and stipulations herein expressed, to wit : ARTICLE I. DEFALT. In case the party of the flrat part shall (a) Make any default in the payment of either the interest or the principal of any one of the bonds or coupons secured by this mortgage, acoording to the term) thereof, whether demand for such payment be mode at the offlce of said Trustee on the days such interest or principal becomes due, or at any time thereafter, and snch default shall continue for ninety days after notice of such default shall have been given by said Trustee to the party of the first part ; or (b) In case the party of the Hrst part shall fail to make any payment to the Trustee for the purposes of a sinking fund, at the time and in the manner set forth in Article III. hereof, and such failure shall continue for a period of ninety days after demand made by said Trustee upon the party of the flrst part for such payment ; (o) In case the party of the flrst part shall at any time fail to pay to the Crown any aum which may become due as royalty under the terms of any leases of coal mining areas held by it, at the time when said sum becomes due, and such default shall continue until such time as the Governor-iu-Council shall, in pursuance of the terms of any such lease, send notice of such default to the Trustee • or • (d) In case the party of the first part shall fail to pay any taxes, assessments or public charges, of any nature whatsoever, which ma^ be lawfully levied upon the mort^a^ property, privi- 11 l«g<» or franchlKi by my pabllc inthorit; whulncrer, and anoh fiilare ihall continue for a period of ninety dayt after the lame be- oome due or payable, or If the legality of any such taxes, asseasmenU or public charges is disputed, then, in case such failure shall continue for a period of ninety days after they shall have been 8nally adjudged to be legally due or payable ; or (e) In case the party of the first part shall fail, upon demand, made by the Trustee, to execute and deliver to the Trustee such further deeds or conveyances as the Trustee may require for the better securing to the Trustee of the title to any property, powers or franchises now owned, or which may be hereafter acquired by the party of the first part, and which are intended to be covered by these presents, and such failure shall continue for a period of ninety days after snch demand ; or (f) In case the paify of the first part shall fail to perform any of the covenants ui)on its part to be pe formed, and herein con- tained, and such failure shall continue for a period of ninety days after notice of such failure served upon it by the Trustee j or (g) In case the party of the first part shall do or omit to do any act or thing whereby, if such act or omission is continued, any lease of coal mining areas covered by this mortgage may become lost or forfeited under the provision contained in such lease ; Then, in each of the cases mentioned in clauses a, b, c, d, e and f, upon the expiration of the period of time mentioned, and in the case mentioned in clause g, at once, upon the occurrence of any snch act or omission, the Trustee may, in its discretion, or npon the written request of the holders of one-quarter part of the outstanding bonds secured by this mortgage, and upon being furnished with sufficient funds for that purpose, or indemnified to its reasonable satisfaction, it shall be its duty to proceed to the foiwiosure of this mortgage. The Trustee shall, in all cases, whether acting on its own motion, or upon request as aforesaid, have the right to deter- mine which of the methods of foreclosure, hereinafter set forth, or which are lawful under the laws of Nova Scotia, or elsewherei where the property is situated, it shall adopt, and its decision npon this subject shall be conclusive. (1) Said Trustee may enter and take possession of all the pro- perty, powers and franchises, of whatsoever nature, then subject to these presents, and thereupon said Trustee shall be entitled, without let or hindrance from the party of the first part, and through such 9eci«Ily agrce. ever natnre, relating to the business or property of the party of the IS er.t p.rt In order th.t ..Id Tru.t« „,,, b. fuUy ioforiMd m t. th. «.tar., .itaatlon .nd ii..nH!en,.nt of th. Maw, .nd to .iteot. M »ch initrcawBU in writing, .nd to do .11 .nch other «t. .nd thing, Mm.,b.neceM«7 or d«ir.ble to p„t th, ..id Trn.tee in tb. mm°° ""* "Joy""" «f •» "» mortgi«ed property, The power, conferr,d npon the Tra,tee by thi. uticle «. no. in .nb.ti.a.io. for ...ch «n,edie., by w.y {. foreZnre" rtli.rwi«, « m.y be conferred upon n.ortg.ge. by the l.w. of be the daty of the Tru.tee, in c.« of def.„lt .. .foree.id, to en- .n!J f r *^ ^ '""'' ™"'"'' "P*" '« " « » •''•II deen, for the be*t Intereit, of the bondholder,. It .b.il be '• . dnty of the Troetee, in ce of .ny viotation of U.«e pre«nt. by the p.rty of th. a™, p,rt, to «rve forthwith .uch no.,0, upon the p.rty of the firet p«t, „r mUe ,uch fonn,l dem,nd upon It « n..y be nece««y under the proTi.ion, of .nb-«cti«n. ., b, . .nd f, to e.t.bli.h . d.f,nlt u,d to entitle ,.id Tmetee to forecloenre proceeding,; but the Troetee .h.11 not be held or re. quired to gi™ or Krve .uch notice unleM it i. notHed of .uch holder, of the bond, outeUnding, „d therein requMted to wrr. •ucli notio. upon th. purty of the lint put. Any notice to or dennnd upon the pirty of the llr.t p,rt «. V^l ^.!*" ^ """ ■""""■ "'y •* B*"- "o o' »~le npon eW»r the preeident or tre..ur,r or .ny two dir«rtor, of the p.rty of the flret put, .nd .ny .uch notice or deni.nd k, given orni«leri„dl be binding npon the pwty of the flnt ptrt. ABTICLK li. The bond, to be Kcured by thcM prmnt, arc of even date herewith, .ggreg.ting in unount the sum of three million (8,000,000) dollm, Me of the denoniin.tion. of one thouHnd (1,000) doUu. Md live hundred (600) doUw., rci^KctiTely, uid be» intMe.t .t 1< •li per oentnin p«r unum, ptjpabl* Hmi-Mniidl;. The bondi of the denoDiinttion of one thoound dollen are nnmlierad oontecutlTel; from one (1) upwaidi, nod tbowt of the denomination of live hundred dollars an numbered conMoutirely from A one (Al) up- warda, and an of anbatantially the form following i— No.. DOMINION OF CANADA. I PROVINCE OF NOVA SCOTIA. DOMINION COAL COMPANY, Limimd. SIX FIB 0«KI. PIHST MORTSAOE OOLD BOIID. The Dominion Coal Company, Limited, for valne received, promiaes to pay to the bearer, or, in case of legietration, to the reglstei-ed owner hereof, the sum of dollars, at the office of The New England Trust Company, in the City' of Boston, State of MassachosetU, United States of America, in gold coin of the United SUtea of America, of the present standard of weight and aneness, on the Brst day of March, 1918, with interest thereon in the meantime at the rate of aiz per cenlnm per annnm, payable aeuii . inualiy on the flrst daya of March and September in each year, in lihe gold coin, at the aame place, on th« surrender of the annexed coupons. ThU bond is one of a series issued and to be issued by the Dominion Coal Company, Limited, and ia secured by a certain mortgage deed of trust dated the 29th day of April, 1893, conveying to said The New England Trust Company, as Trustee, ril the property, revenues, privileges and franchises owned and enjoyed by the Company at the date of said morlgage, or which it may there- after acquire, with the exceptions in said deed set forth, and wUl be valid only when authenti »ted by the certiBoate hereon of said Trustee, or it. successor in said trust, that it is one of the series referred to in said mortgage. Said mortgage provides for the creation of a sinking fund in the huds of said Trustee for i. ntirement of said bonds before maturity at one hundred and .,d (110) and accraed interest. IT l« i,...l,i '""""« '""^ ""It pnrpom., and interrat will ««„. ,„ j» W.W. o„ .hi. bond, I, i, ,. ealle... f™„ .„a »r..r ,be d.7.T.J:; apo ™: t,!;':" r;; n' '" K""i" "'• " '""•'^'^•'- -^ •™""" valid nn^..n T "' '*'"' •="«'""'' T"'" Con.pnnv. .I,„II C "vel- , I"^' ""' ""' •""'' """ ™""""' -hJ-t to :pZ of ercHrr ■"" '™""" •" '^'■" »• -"'-'•'•"' »" he«l!,°.hT °' ,"«'"'""»■' " "'O""-''!. the coupon, annexed th.Md rT ■••forauld. Th. p,rty of the Dm p.rt .h.11 continne to ni.ke .uid uidu.I It 1th .."k '*f",P"""'»«' " «•"«' " l..r.ln.f,er provided, .t which time the obllg.tl„n of the p.rty of the Bret p.rt to m.ke bond, died h.Te been preKotrd for p.yment or not. The .mounu m p,id to ..id Tru.tee, including the one hundred «d twenty-fiv. thou..nd doll« .nd the two hundred .nd flftv thou..nd d«ll«, next hereinbclow mentioned .hiUl be inveeted bv It .n .uch «ourili.. „ m.y be mutu.Ily .greed upon between it .n.l •he p.rty of the llr.t p.rt, .nd .h.ll, w.th the accumul.tion, thereon, con.litute . .inking fnnd to be n«d by ..id Trustee for the pur- po.e. .et forth in thi. .rticle. 8.id Truetee .h.II re«r>e out of ..id .Inking fnnd, .nd ib.ll keep in it. hand, during the continu.nce of thi. mortg.ge the .urn of one hundred and twenty-tlve thouMud (125,000, dolkr., which .mount .h.ll be incre..eu.u,, C.N f„r „. „„, „,„„ „.7r"y " " .U o.,u...K„„K K,„d. «car,.. „y ...^ ,.r«.„,., ., ^,/i^\^l «llh un ,*r <,„. premium .nowere4|ii,t, Uotll th* part, of llw flnt put .ball mak. d«faoll aa provldad d Artlol. I of ilm pr«a»oU, it ahall to p*nnllt«l to nmain In Ito poaM»aioi> of Ito mortgaged property, Inoludlng all property, real peraonal and mlied, of every Mrt and oatare, okoM» In action, •tooka bonda, oontracla and option* aa tonlatofoie d*«»lb«] and **t forth, with fall right to tt.* and nake proOt from tto Mime. It ma, al*o, l>y anthority of It. board of director*, In tto u*nal oour»> of haalnria, but dot ottoiwlae, .ithout ..Id Tm.te*'. con*«nt, .ell or ,11^ of, free from tto lion of theee preeenu, tto coal which It may from time to time remove from It* mine*. It m.y alM, without *nch con*ent, In tto ueoal oourae of it. b«l»»** but not ottorwl*e, Mill or dl.po*e of, free from Ito lien of with It. mining opemtlon* or It* r.llway* or *ta*mrtilp line., a. may for any reawn, have ceaaed to to requl.it. for tto purpoae. of theparty of tto (lr.t part, o, which Ito party of (to i»r.tVrt .may d«.lr, to n„la« hy .imilar property, pn,vi.l«J, however, ttot H .hall not without tto written conecnt of .aid Truatee, *ell or die- POM Of in any one tmnaaction any .neb property of which tto raiue «c«.i. ten thon,and dolhra; and prt„-id«l, .l«, ,bal it .hall not without ,uch «,„„„,, „,, or di.po.e of .uy loaae of coal mining areaa or any ebip, nor .b.H It withcut *n«h con*ent *.ll or dl*po.« ation of it* mine*, raHway. or .teamehip line*. It may witb the written eonaent of ■«,. Trn.lee, but not other- wi« except ..above provided, .ell for . r,.«,«.bl. price, exchange or di.poe, of, free ,™„ ,he lien of the« p, .«nU, any M tto nZ perty covered by tbi. mortgage, providc.1. however, .ha; *„ch pro. pcrty .* replaced by other prop«-ty of an equal value, whicS-.haH to . object to tto wrm. of tbi. r,ortg.ge, or it. proc.^. appli«, ,0 eoutasding bond. ..cured hereby. M i-iiuu. inc initin tball be iiiii cr no reiDomlliiiii. -k.. .b. proprLt, o, .dv...bUi., „, ...oh ."^C ' ' '"""' " '" b.. It will „„. „„ u,. „o,„..^,, p„p,„y „„, . '^ T™«« or omit to do «, .ct or thing wh.r.b^r it. property, 1,«.. ' !„ ARTItl R V. TAXM and flRTHU AMl'RANCt. will PV .11 viid t««, ««,.™ent. .n.- public ch««,, of wh,t J ev., „..„,,, which .„., ,™„ ,i„e to .1 Jbe levieTTp™ ,r or U. 14 th., JJ^T'/ "' "" °"' •""■' '""l'" «>"".».. with „ld Tr„.t« that it will, from l.n>c to time, upon li.e reqn«t of ..id Tru.lee «ecut. .»! deliver to it .„ch further eo„vey.„ce. or ,r.o.fer. .i T,...,ee the full leg»l l.tie to .„y property now owned or which any «Id on.l ,.,„. „, ^„a» a. hereinbefore provided, Lond the three mdhon doli.r. (.3,000,000) in amount of hond-'to J.eo„r^ And tl>e party of the fir.t part covenant, with .aid Trustee that ■t W.I1 from t,me to time, upon the written reque.t of ..id Tra.tee party of the «n,t part since the date of thi. mortgage or .ince .heda^of th, l«,t preceding atatement which may'a'eLu :: ARTICLE Vr. WABEANXr. thtn^ ' """^ '"'' '"""' """""-"y •" »<"' -"i convey the property, real, peraon.l and mixed, and fr.«,hi«., privileged thatTlTw ""''""r"" "' ""'""■"'•« '" - -veyll, Tnd unto the "id T"^ " "" ""■" ""^ ""^ P»" ""'-" unto the .aid Trua.ee against the lawful claim, of all and every person or ,«rsous claiming or to claim the same ^ ARTICLE V/1. bUTlES or TBUSTEII. Said Trustee .hall not be respcsible or liable for any destruc .on .njury or damage ,„ the property hereby mortgagL by tl -d party of te fl,.t part, or by any other person or ^3. In,! irustee be or become responsible for any eiercise of judgment or TrltlT '" ""' '"""" " """^ ■' -foresaid , no sh.7 .id Trustee be responsible for any moneys or pro,«rtie,, eC .„"' •• "hali come into its ii<>»j. own willful neglect or for ^mLlt^.TT " """«• «"P» "« hereby created. '"' '"'•'''' •>' "■« t™.t herein .nd .nee" t"e''a:;i'4%To'fl'""""^'-'' ''«»' «■>- other „.i... or any counsel or a,e„t e-n.^lyed tT. "t! "',"" '"^"«"" «" -hall be aelected in good fa itU, andf. 1 Jn '" "^'"^ " ^'"^ n-atter of rii,p,„e between itae f .1 .. '' P""" '" '"" "-y »uy other persons, „!«„« o„7of tb. "°'"' "' "" "™' P"'- O' .rbitration of three ^.ZZt:^ ''ZT""" "' """' '™"' '" "« rrua.ee, one by the party of the ZZ' "* "* "''™'° "^ "'" "d the thi«, by the t.o'ao ohL Jl ''.b"; '"f'"" ^'■"""' fatora, or a majority „f ,be„, "hj, he „ ,"""' °' '"'"' "'''■ -p.Mh:\;:aL"t;brct'::er„pr .r^ "'- -^^ '^-^ it shall not be held liable fcTIn. /n """" ^"'""on that hereby conveyed, nort: ny ™L'.""7 f°'/'"° '" "■" P"™'" «™n,ent, the same being a redtTIf th ' """""'^ '" ""« ""- t"...ee, nor for the suflfcien y ^ °L ' „T'^'*°"'"" '"" "' '"» herein provided. But it >Zt Z ^" ''""••'™« or the security .hat said mortgage is prop^ ly rc^isted7d°' "^' ''^""'= '" - of the Commissioner of pTblic Wo w , ,?• "'™"'"' '"■ ""' <"»« d-eaa of said Trustee is afso herelir ;^""'' "•"" """ "■" "<)■ entitled to be reimbursed or al UtsT^""- ''"^ ''■™»'ee shall be n..are, incurred in the di«,h.t of ZTr'na, !,' °' ""^ »"" »■• to advise with counsel, and to Z «imhf. ' ,^°'' """ "* """ed and to receive a reasoiable lid n™l ' "" "" P"" '"""'o'- or service i, may perform' '^ ' """Pensation for any dut; enf„,:xrtrror:rurof^brm"X " '"^ -'-"-' '--'= ta^ed therein, until f.rZT.ZIZ'slrj"''''-'''" •^^'■ indemnified to its reasonable satisflcHn , " P""^"*' or compensation, if no. paid by the tont^u " '"'" "P*""' "d party of the «rs. par.f „„., ff n^ ^iTZr l'"" *" ''" "^ «- »> Iruslee, un.il called upon to take Live 1 force the secarity, by fo«clo.„re „r othe^L ^,,1 T""""' '° ""- .hall be m no way re.pon.ible for inanZr' 7 ""' ""'™°»y. "3. other matter a«ecting the .ecnrityTr Lrera" 1.^"^ it •tood that prior to being to called apon, ita duty iiconBned to Mieh mattem as are ipeciilcally mentioned in tills indentnre. In all cases df any inatmctiont or requests by tbe bondholders to tbe Trustee, the snuie shall be in writing, and tbe Trustee shall have tbe right to demand proof of the ownership or legal holding of the bonds, the alleged holders or owners of which claim the right hereunder to instruct or request ; or the Trustee may require de- posit of said bonds. In any eyent, the Tmstee shall be JustlSed in dealing with the persons presenting bonds as the tme owners. In cose of a vacancy occurring in the oBloe of the Tnistee, hereby created, the party of tbe «-et part, or any of the holders of tbe bonds secured hereby, shall be at liberty to apply to the Su- preme Court of Nova Scotia, or to a Judge thereof, to appoint a new Trastee or Traste^s, after giving notice of such intention to apply, by ndvertleing throe times a week for two weeks in one or more daily newspapers in each of the oiliea of Halifax and Boston, aforesaid, and such court or Judge may, on such application, ap- point such new Trustee or Trustees. ARTICLE Vlll. If the party of the Srst part shall well and truly pay and dis- charge all the principal and interest of said bonds, at tbe times and in the manner therein specified, and shall well and truly do and perform all and every other of the matters and things on Its part to be done and perforuied, and herein set forth, then and in such case, these presents shall become void, and tbe estate, right and title of said Trastee, hereby created, shall utterly eease and determine, and it shall forthwith execute to tbe party of the 6rst psrt a good and sufficient release in low of this indenture and the charge hereby created, and shall restore and surrender up possession to the party of the first part of any property of the said parly of the Hrst part of which it may have taken possession and shall not have sold under and by virtue of this indentnre. But otherwise, and until such payment and performance, this indenture shall be and remain in full force and virtue. IN WITNESS WHEREOF, the said DOMIKION COAL COMPANY, Limited, has to these presents and to three other Instruments of like tenor and effect, caused its corporate seal to be Nathaniel H. Hcehman Tu O^""^'.'", "" '° >* ""'»«' ^y in«n,„,e„,. or like tenor ^^dtje^P^' ""' °''° '° "'" '"■« »««' ^'"•"'"'«M''(*).ig,.ature., FBEDKKIC TCJDOB, Jr., 94 Milk St., Boston, U. S. A -ommos CO.. COMPA.V. u^„. ,, *^'''""- """■ Loouteiiigned J- S. MtLlKKAl,, TVwMttw. I SEAT.. ( NEW ENGLAND TBUST CO., by WILIU. E,D,COTT, J»., /.„„.■. M May, A.D. 1898. Then personally appeared Frederic Tudor Ir ,k .. wuneee to the within and foregoing Adell.H '"""""« before n,e, that the Dominion 0^ fn™ ',. " ""''' """'. New England Trn.t Con! n;^"^7r''t,t' "■"::!• ««' T"" .everally signed, sealed and^deL.^, ^^Z., thirptlner ' [t. S.J W. H. STUAET, BritM nce.Cou,„l. J, >8 OPFICK ir RBAISTRV OF DRm>S. CAPR BRETON SS. SYDNEY. C. B., April la, 190a. I certify that tliC fangfAng ia a true and comet copy of the Deed in Tnut from the Dominion Coal Company. Limited, to the Ne* Bngland Tnwt Company (tavinK and excepting thereout the descriptions of the lands therein described), r^stered in this office on the 8th day of May. 1893, in Book S7. on pages 321 to 403, inclusive ; and also filed in this gffi;.'e and numbered 2640. JNO. GILLIS, Regr. 0/ Dteda. Office of the CusiCMissiaNER of Prauc WcHiKd and Minks, HALIFAX, N. S.. May 10, A. D. 1893. I hereby certify that a duplicate, original of the annexed and accom- panying mortgage of the I?omtnion Coal Company, Limited, to the New England Trust Company, dated the ajth day of April, A. D. 1893, was filed in this (jfBce on the 5th day of May. A. D. 1893. and that the Mid mortgage w«s registered on the gtli day of May, A. D. 1893, in Coal Lease Register Book No. 3. page 187. I further certify, that the making of said mortgage was ratified, and assented to by the Gov(inior-i:l-Council, by order In Council, dated the 9th day of May. A. D. 1893. I further certify, that tiie posi-office address of the said "The New England Trust Company," the Trustee named in said mortgage to wit: "The comer of Devonshire and Water Streets, Boston, County of Suffolk, State of Massachusetts, in the United ^ates (rf America," was duly registered in this office, on the 5th dav of May, A. D. 1893. (Signed) CHARLES E. CHLTlCH, CommUfiontr cf Publie M ort« and 3lin«t. ] SEAL OK COUMISSIONER t (OF PUBLIC WOKKS AND) f MINES, PROVINCE OF ( \ NOVA SCOTIA. ( SUPPLEMENTARY DEED OF TRUST OF DOMINION COAL COMPANY, LIMITED, TO THE NEW ENGLAND TRUST COMPANY. n.orlg.ge iudenture reference i, hereby m^ ' '"'""' tl,cXL, IJ f ' V '" '" """ "' "PP'^'We to tiM property iiicreiii aet forth, trsusferrcd t.id conveveH •. it th. ..ij ' Lj cxiiting under the !»« of thu Provlnoe of Nov* Seotit, In con- •identlon of the premleee >nd of one dollar to it in bund paid b; Tbe New England Truat Company of Hoaton, in the Commonwealth of llaaMcbuMtiB and United Statea of Amerioa, a corporation organiied and existing under tbe lam of aaid Commonwealth, the receipt of which is hereby acknowledged, and to aecnre the payment of the in'tertist and principal of tbe bonda deacribed In aaid mortgage indenture according to their termi and effect, doth, ^ purauanoe of every power and authority It thereto enabling, hereby gi»-e, grant, bargain, aeil and convey, asaign and tranafer, aet over and deliver uuto the aaid The New Kngland Trust Company, Trustee, and Ita ancceHBora in said trust, all and singular the following described mining aieas, and the lose and leases covering the same, and the following mines, landa, premises and property, via. : (A) Certain coal mining areaa described and included in the leaae issued by hec Majesty the Itueen to. the said Dominion Coal Company, Limited, dated April 1, 1893, which areaa were formerly held by the Sydney and Loulsburg Coal and Railway Company, Limited, and which areas anil leases covering the same were de- scribed in the conveyance of said Sydney and Louiaburg Coal and Railway Company to the Dominion Coal Company, Limited, aa follows : (Herefottowt deKription o/property.) (B) Certain land and premises, with the buildings thereon, situated in the County of Cape Breton, in tbe Province of Nova Scotia, being the land and premises conveyed to the said Dominion Coal Company, Limited, by the aaid Sydney and Louisbnrg Coal and Railway Company, Limited, via. : (Here fottoKB deKription of property.) (C) All the railway, tracks, oflseta, sidings, awitohea, road- bed, cars, engines, stations, railroad appliances and franchises formerly owned by the Sydney and Loiiisburg Coal and Railway Company, Limited, and bargained and sold by them to said Douiioiou Coal Company, Limited. Or however otherwise aaid leasehold areas and said lands and premises, and aaid property, may be bounded and described. Intending hereby to convey and tranafer, and her by conveying and transferring, all the property formerly owned r poesessed by the said Sydney and Louiaburg Coal and Railway Company, Limited, and conveyed, transferred, acquired or sold by it to the said Dominion Coal Company, Limited. SI TO HAVE AM> TO HOLD tlie «bov. grwud pmrnim. pnTikgM, |„Hi ami fr.nchiM. to The New KDglann.l Intereet of ,1,. bond, above de«,ibed. .od for the u.e .nd beneUt of the pereon or pereon., body or hodie., politic or corporate, who nw, hold any ol ..id lK.n,l, or intereet coupon, thereon, and for the purpM.. and .object l„ the term., condition., provi.ion., covenant. "mI^" ' ""' '" "'■' "'"'«'«' '"'•entn™ of April 2Sth, 1898, ex- It i. under.tood and agreed that the various provi.ion. of .aid Indenture of mortgage, including the prov .i„„. .. ,„ ,|,e .inking fund and a. lo the dutic. and exemption, of the Tru.lec, and ,dl other prov..ion., condition, and .tipulation., .hall be applicable to the proiwrly herein mortgaged a. fully and completely a. if thoy Were herein set forth and repeateil. IN WITNKSS WHEftKOF the .aid Dominion Coal Company. Um.ted ha. lo thew prewnt. and to two other instrument, of like date and tenor caneed it. corporate ,c.l to be afllxed md tlieec P««nt. to 1« ,igne,l in i,. behalt by Henry M. Whitney, ,t, Pre..dent, and countersigned by John 8. McLennan, it. Trcurer, thereunto duly auttori.ed ; an.; .aid The New Sngland Tru.t Com- pauy, rruetee, ha. likewiK to thcM preeent. and to two other in- •trument. of like date and tenor caured it. corporate .eal to be •Mixed and the« prewnu to be .igned in it. behalf by David R. Whitney, it. Actuary, and Charle. W. Merrill, it, A«i,l.nt Sec™- tary, thereunto duly aulhorlied. Signed, Maled and delivered in premnce of WILLIAM A. GASTON to all fmr >igmlum. Addreu, 587 Beacon St., Boston, Ma... ^ Occupation, Lawyer. DOMINION COAL COMPANY, LIMITED, by Hekhv M. Whitkev, Preni'lenl. Countersigned by John S. M.Lbxjiak, Tremuvtr. !8IAL or DO- \ M'NION COAL t CO., UttlTKD. J THK NEW ENGLAND TRUST CO., by David R. Whitnet, Actuary, ^^^ Cp4»lb8 W. Merrill, AsaiatwU Secretary. I SEAL or 1 NIWKirOLAND [ TRUST (<0. f M COMUONWKALTH OF MASSACHUSETTS. SicroLK, ». B""""' •'"■» »• '*»'• TUen pcrK)D«lly oppeareH WlllLm A. C.MtoD, who, being ■worn, tny» that ihe above nnni«l Dominion Co«l Company, Limited, »ml The New Kosjland Trint Company, Trustee, duly Kilned the above Indenture In hli preaence. [I,. S.l W. H. STKWAUT, Hritlth Vict-Coiiiml, HoalON, MAaa., U.S.A. OrnCK OF COMMIMIONKR OF PUBLIC WORKS AKU MlNKS. HALIFAX. June ii, 1893. I Charles K. Church, Commissioner of Public Works and Mines, in and for the Province o( Nova Scotia, do hereby certify that the post-olBce ad- dress of the New Enuland Trust Company, the Trustee named in the within mortgage, bar icen fileii in this oSce, and that such address is ■' Corner of Devonshire and Waler StreeU, in Boston, in th« United Stsles o( America. ' CHARLES E, CHURCH. CosimiMionrr 0/ y>ii«ie H'oris o»d J*t«». [sral] PROVINCE OF NOVA SCOTIA. CAPB BRETON SS. Office of Riicisrv of Dkkm. SYDNEY. June la, 189J. I certify that a duplicate original ot this instrument was registered in thU office at ten oclodc. p. m.. of thU day, in Book No. 57. on pages 464 to 49Q. on the certificaU of W. H. Stewart, British Vice-Consul, pursuant to Uw ; and I further certify that the said instrument was duly filed in this olfice at ten o'clock, p. m., and numbered 3657. JNO. GILLIS, Regr. 0/ Dtrdl. OFFICK of THK COMMISSIONEa OF PUM,IC WORKS AND MINES, HALIFAX, June 16, 1893. I Charles E Church, Commissioner of Public Works and Mines, in and for the Province of Nova Scotia, do hereby certify that a duplicate original of the within mortgage was filed in this office, on the twelfth day of June, A D 1893 I also certify that the Govemor-in-Council, by order dated the thirteenth day of June, A. D. 1893, certified said mortgage, and I hereby signify the same under my hand and seal. CHARLF.S E, CHURCH, Commtirioner 0/ PubHe H'orts and Minti. [seal] SUPPLEMENTARY MORTGAGE OF DOMINION COAL COMPANY. LIMITED, TO THE NEW ENGLAND TRUST COMPANY. mh 893, oonve, «d ...ig„ 1. mortgi*., ,„ Th. New KngiL teM«hold, to ««a« th« p.,n,.nt of li.l,«.i ,ad prinolp.1 of o.rt"n Mortg.ge Indenture refennoe U l»reb; mmde ; .ml Whhi.*, Mid Dominion Co.l Company, Limited, I,.,, with the oon«„,„f MidThe New Engi.nd Tm.t Company, «Id .nd c^„! veyed «rt«n of it. l.nd. „d p™ml«. in the Connty of Cpi Z. rjld J '. • "' *""•"*• ""' '■" '" ««<»^»»« with the term. rf«ld MortgK. „conUined in Article IV thereof, .greed to re- pl«e «id l«,3i .nd premi«. with property of .n .,„., v.me , .^d Wbkk.*, „id Dominion Co.1 Company, I,imit«l, h« iMel, «qn.redeert.,nBe.l F«.,. .nd Per«n., Property he^ln.fte,^' forth, of the .ggreg.te viUne of $1»S,S14, „d In pnr.««,ce of Jd l^reement i. deeirou. of conveying the «me by Mortg^e to .i«d The New Eng^d Tm.t Comply, „ ^,i,^ ',„ . Jp%„„3 lnte™.t ^ Princip.1 of .«d Bond., to k, held by ..l5 1™"., Engl.nu Tnut Comply upon the ume trn,ta, condiUon. wd T^'°T " *? "P"""* '" •«"' Mo"*-*' Indenture of April 2Sth, 893, In relation to .nd u .ppUcable to the property herein- after « forth, tranrferred and conveyed, a. if the .1 property hereu.afler«,t forth, had been e.pre..,y mentioned .nd L^Z in .aid Mortgage Indenture of April 25th, 1898. DomM^' J^T""' "*"' "* "" " ""« ■•-»«"". that ..id Dominion Coal Company, Limit«i, a corporaUon organized and e«stmg unto the Law. of the Province of Nov. Scotia, in con- .■deration of the premi«. and of the .urn of one dolkr to it in hand weU and truly paid by .aid The New England Trust Com- M pui;, or BMtan In tiM CommonwtiUtb of MuMMsboHtU wd United SUtM of Amerlo, > oorporation orgutwd and •zUtIng under the Uwi of uid Commonweeltb, the receipt of which le hereby Mknow- ledged, end to eecure the ptjrment of the Intereet end Prinelpel of the Bonde deecribed in eidd Uortgege Indenture Hoording to their termi ud eSecti, doth, in porenence of erer; power end nnthorltj it thereto enabling, hereby give, grant, bargain, aell and convey, aaeign and tranefer, eet over and deliver unto eald The New Eng- land Troet Company, Truetee, iU aaooeaeora In eald Tmet, and aeeigni, all and lingular the following deecribed lande and premleee and peraonal property, vU :— ALL thoie certain loti, pieoei and parcele of land iltoate, ly- ing and being at Loaiibnrg In the County of Cape Breton, which land! and premleee are folly deecribed and eet forth In Schedule "A" hereto annexed, and the buildlnge, betedltamenle, eaiementa and appnrtenanoee to the lame belonging and the reverelone, re- mainder!, rente, leenei and prollta thereof, and all the eetate, right, title, Intereet, claim and demand of eald Dominion Coal Company, Limited, of, in or to the eame. Aieo, all that certain peraonal pro- pei'.y, machinery and plant, eet out and deecribed in Schedule "B" hereto annexed. TO HAVE AND TO HOLD the eald granted land and prem- laea and peraonal property to the eald The New England Tmet Company, Truetee, Ita ■nccenon In eald tmet, and aMigna forever : but in truat nevertbeleee, ai eecurlty for the payment of the princi- pal and intereet of the boode above deecribed, and for the uie and beneHl of the pereon or pereoni, body or bodice, poiWc or corpor- ate, who may hold any of eald bonde or intereet coopone thereon, and tor the pnrpoeee and anbjeot to the termi, oonditione, pro- viaiona, oorenanta and •tipniatlooa in aald Mortgage Indenture of April SSth, 1898, ezpreeeed. It i> understood and agreed that the varions piovleiona of eald Indenture of Mortgage, including the provisions as to the Sinking Fund ana us to the duties and exemptions of the Trustee, and all other provisions, conditions and stipulations, shall be applicable to the property herein mortgaged as fully and completely aa if they were herein set forth and repeated. IN WITNESS WHEREOF aald Dominion Coal Company, Limited, has to these presents caused its corporate seal to be affixed and these presents to be signed on its behalf by Henry M. Whitney, its President, and countersigned by John 8. McLennan, iU Trea^ M «iw, ttem.u> doty ■mtboriwd «i thi. «w«tT..I,U, d.T of If.. A.D. IW. ..Kl «.d Tb. N., E.„.«, TrJ'Z^'y^L"^ ^g.jd o« lU b.b.1, ^wmiau, Kodlc... „. IWta.'^ N^Jr dgiiui rt«j or Jnljr, A. D. IMl. 8lgn«d, MtJcd and delircnd In Uw pnwnwor (Sgd) B.1,.K*«,. WitntH FKiDnicuW.Aun DOMINION COAL COMPANY, LIMITED, (Sgd) By Uni«T M. Whit«t, (t,.8.) Pmldtnt, (Sgd) JOHII 8. McllKIIA,, Treuanr. THE NEW ENGLAND TRUST COMPANY, (Sgd) B; WiiiiAM E»Dicon, (L.8.) Prntdcnt. AUmi. (Sgd) N. H. Hehchham, Soontuj. SCHEDULE "A". iBmfiOcm OaeHplim of Rtal Elatt.J SCHEDULE "B". [Bmfittom incrifUo* of Arjonai ftxfpert,.] COMMONWEALTH OF MASSACHUSETTS ) CouxTT or Sorrou, 8. S. \ ,«I.h ^*« *'T"^' ""^ ^'^^' '" "^ '^ "» Con.nH>n. w«^thof M«.«ha«tl., by l.wfol anthority, duly ooBin,i„io„ed Md .worn, re,idii.g and practtaing in tbe City of Botton in tbe County of 8n«olk, in tbe Coa.monw«lth of MaiacbnXdo S«"- and appeared before n>. at tbe City of Boeton, B. L. Eaton tbe •«b«rib,ng witneH, to tbe foregoing Indentore, wbo baving Leen by me duly .worn, niade oatb and .aid tbat tbe .ame wa. ex«nt«i M m"' J"l ^m""""""" ^"^ ^"•P">'' I'™""', "y Henry M. Wbuney, it. Preaident, and Jobn S. MaoUnoan, it. Treawrer, I ud Iqr Ibt Cotpanta 8m1 o( tb* Mid IKmIdIm Coal Coapuy, UatM, Maf land UMftlo b; Hmijr M. WhUMj, Prnkhat. IN TRBTIMpNY WBEHXOP, I, Um mM N0U17 PbUIo, hm b*r«into •ubMrlbnl ■; uaM »nd afflsad mjr Notarial :Saal at tha aald at; of Boatoa. tbia taath da; of Jaar, la tha ftu of oar Lord, oaa Ikoaaaod ni la hoodrad aadoaa. (L.B.) (Hgd.) FEUX aCHOENTHAJ^ Notarj Public. COMMONWEALTH OV MASSACHUSETTS ) Coi'irtr or Surruu, 8. 8. ) I, Fnatar M. Hoopar, Notar; Pnbllc, In and for tba Commoo- waaltb of Maaaaebnaatta, b; lawful antboriljr dolj coaimiaaloned and awom, raaiding and praotlaing la tba CItj of Boatoa, Uountj of SuSolk, In tke Commonweal lb of Maaaaohuaatta, do harab; oertif; that on tbU elgbtb day of Jaly, 19UI, panonally came and appeared before me at tbe OH; of Boatoa, Fredorick W. Allan, t^1 m <> tib- Ing witneaa to tha foregoing Indantara, who having bean by me dnij awom, made oath and aald that the lame waa executed In hia praaenoa by Tba New England Tmat Companj, b; William Endi- oott, Ita Ptealdant, and N. H. Hanehann, Ita Seerataty, and by tha corporate ieal of Tha New England Tmat Company balng afflzad by IN TFATIMONY fBEREOF, I tbe aald Notary PabHe hare barannto aubaerlbed my name and afflxed my Notarial Seal at the City of Boeton, tkli eighth day of July, In tha year of our Lord, one thouaaad nine huadrad and (L.8.) (Sgd.) FOSTER M. HOOPER, Notary FnUle. •hwlW. . » BOO* 1(7, OB p,g„ „, ^ ^ ,^_ JNO. GILLIS, "V- of I),«i,. i AN ACT TO INCORPORATE THE DOMINION COaL COMPANY, LIMITED, Being Cbupter 146 of the Statutes of Nova Scotia for the year 1898. PiuMd the lit day of FsbruKry, A. D. I8BS. Be it enacted by the Governor, Council, and Awenibly, a» followB : 1. Henry M. Whitney of Boston, Henry F. Dimock of New York, Frank G. Webster of Boston, Fred. S. Pearson of Boston, and William B. Boss of Halifax, and such other persons as they in writing may associate with them, their successors, associates, assigns, and such other persons as may become share or stock- holders in the company hereby created, are hereby constituted a body corporate, by the name of the " Dominion Coal Company, limited," with a common seal, and shall be hereafter referred to as ** The Company." 2. The objects of the company shall be as follows : (a) To mine, quarry, work, mill and prepare for sale by any process, and to carry, sell and deal in coal, coke, ironstone, copper, and copper ores, manganese, and other minerals, clays, or mineral substances, and generally to carry on the trades of mine and coal owners, iron itastere, founders, smelters of metals, quarrymen, ore and metal dealers, and to transport on land and on water from places in the province of Nova Scotia, freight and passengers. (6) To purehase or acquire any interest in, and to hold, use or occupy any lands, buildings, coal and other mines, minerals, mining or other rights, casemento, or privileges, and the company may sell and convey the same by deed or deeds with the usual covenants. (c) To let or snb-let for building, mining or any other purpose any property, and to give and grant any rights, licenses, easements or privileges. (d) To construct, purchase, alter or maintain, or t" contribute to the mirchase, oouBtruction, alteration, or maintentnce of any building, railway, tramway, wire rope tramway, canal, v ..'rf, bridge, pier, road, or other work calculated to afford any facility ill carrying ou or extending the business of the company, and to 39 operate such railway, tramway, wire rope tramway, and other works by ateani ^'«.?tricUy, or oilier motive power. (e) To --i/cliase, hiit, : a struct, or manufacture for use in con- nection w J rny busineti of the company, any shipa, barges, rolling atot';. i'.iiu;hiucry, o plant. (/) To acquire any eitolusive right in lettera patent, franchises or patent rights, or privileges, or lands in connection with the basiness of the company. (g) To farm any land held by the company, and for that pur- pose to buy, sell, and deal in any farming stock or prodi ). (k) To construct and maintain telegraphs and telepboijs, and to carry on the business of a telegraph and telephone company on the line of their works and railways, or otherwise. (0 To acquire the good will of any business wKhin the objects of the company, and any lands, privileges, rights, and contracts ap- pertaining to the same, and in connection with any such purchase to undertake the liabilities of any company, association, partnership or person. (j) To sell or otherwise dispose of the whole or any branch or part of the business or property of the company to any company carrying on, or formed for the purpose of carrying on, any objects similar to those of the company hereby incorporated. (k) To acquire by original subscription or otherwise, and to hold, sell, mortgage or otherwise dispose of shares, stocks, whether common or preferred, debentures, debenture stocks, bonds and other obligations of any company carrying on, or formed for carry- ing on, any trade or business within the objects of the company. (l) To apply from time to time any part of the funds, stock, whether common or preferred, bonds, debentures, and other obliga- tions of the company, for any purpose of the company. v'm) To purchase, lease, or otherwise acquire, bold, and enjoy all the property, franchises, rights and privileges held or enjoyed by any other company or companies carrying on any business similar to that which this company is authorized to carry on under the pro- visions of its charter or otherwise ; and such other companies are hereby anthorlzed and empowered, by a vote of a majority in interest of such of their stockholders, and all persons legally entitled to vote at meetings of the company, as shall be present in person or by proxy at a meeting of the stockholders called for that purpose, to 40 sell, mortgage, lease, or otherwise dispose of such property, franchises, rights or privileges unto this company as fully and effectually as if the said other companies were empowered so to do by a special Act of the legislature of the proTlnce of Nova Scotia. Said property, rights, franchises and privileges, when purchased, leased, or otherwise acquired as above stated, shall be owned and enjoyed by this company as fully and effectually as the same were heretofore held and enjoyed by the company from which the same were so purchased, leased or otherwise acquired, subject to all existiug valid liens and charges. (n) To exercise and enjoy the rights, powers, and privileges which by an Act of the present session of the General Assembly of the province of Nova Scotia, entitled " An Act for the further en- couragement of coal mining," it is provided may be exercised and enjoyed by a company to be oi^anized by the said Henry M. Whitney. 3. The said company shall have power and authority to do any matter or thing necessary to carry out any of the above objects, or incidental or conducive to the same, subject, however, to the laws of the province. 4. The capital stock of said company shall be $1,000,000, divided into ten thousand shares of one hundred dollars each, with power to increase the same as the wants of the company may re- quire upon a vote of a majority of the stockholders at a special meeting called for that purpme, or at any general meeting of the company. 5. Aliens, whether resident within the province or elsewhere, as well as British subjects, may be shareholders, directors or officers of the company, and shall be entitled equally with British subjects to all rights as such shareholders, directors or officers, and any aliens or foreign or domestic corporations who are or may be holders of any bonds, stock or debentures of said company, shall for all par- poses have the same rights, privil^j^s and powers in respect thereto as if they were British subjects. 6. The company is authorized to transact any business oat of the province necessary or incidental to any of the parposes for which the company is incorporated. 7. No member of the company shall be liable in his person or separate estate for the liabilities of the company in respect of any shares, whether common or preferred, held by him which have ^q 1 41 iMued by the company or iti director, u fully paid aliarei aoder tlie provi.ion. of lectiona 13, U or 15 of tliia Act, or otherwiae; nor aball he be liable in reapect of any aharea not ao iaaaed to a greater amount In the whole than the amount thereof held by him after de- ducting therefrom the amount actually paid to the company on account of anch aharea, unleaa he ahall have rendered himaelf liable for a greater aum by becoming aurety for the debta of the company ; but no ahareholder who may have transferred hia intereat in the atocli of the company ahall ceaae to be liable for any contracta of the company entered into before the date of anch trmnafcr, ao aa any action in reapect thereof ahall be brought within aii montha after anch tranafer. 8. The peraona named in the firat eection of thia Act, and anch peraons aa they may in writing aaaociate with them, are conalituted proviaional directora of the company. The proviaional directore ahall hold office aa anch until the flrat annual meeting, which may be called at anch time and place, and upon anch reaaonable notice, aa they may determine, and until anch meeting aaid proviaional directora ahall have power to open a stock aubacription Hat, and to aaaign and nUot stock of aaid company, and have and eierciae all the powera of ordinary directora of the company under the pro- viaiona of thia Act. Vacancies cauaed by death or reaignation ahaU be ailed by the other directore until the next annual meeting. The number of directora of the company ahall be not leaa than three nor more than nine. 9. The annual general meeting of the sbareholdere, and all other meetings of shareholdere or directore, shall be held at anch timea and at anch places, within or without the province, as may be ap. pointed by the by-lawa of the company. 10. No person ahall be elected a director of the company unleaa he ahall be holder and owner in his own right, or aa trnatee for any corporation, of at leaat twcnty-flve ahares in the company, and ahall have paid up all calla made thereon. 11. The tranafer of shares in the company ahall be valid and effectual only from the time auch tranafer ia made and entered in the booka of the company. 12. The company may snbacribe for, take, hold, and diapoae of aharea In any other corporation organiled or to be organized, and this company ia auUioriied, through auch agenta aa the board of directore may appoint, to vote oa a atockholder in telatioii Ut th« if Bharet so held by the oompany in such cori>o»tioD, and the eald corporation is hereby empowered to accept tach agenta' vote and re- cognize the same 13. It shalt be lawful for the company to enter into agreementa with other companies, corporate or incorporate, and individuals, aa- sodationa, or govemmentSf to purchase, lease, operate, or acquire ooai, iron, copper, and other mines, other lines of railway, tram- roads, wire-rope tramways, water powers or privileges, rolling stock, plant, machinery, and appurtenances, or other estate real and personal, and to build, construct, equip, and complete the whole or any part of the com^iauy's works, and to receive, by way of gift or bonus, any lands, sums of money, securities, debentures, real or personal estate, on such terms as may be mutually agreed upon ; and the company is hereby authorize purchasers from said trastc } or trustees, in case Ihoy shall talce possession of said property under the provisions of such mortgage or deed of trust, may organize themselves into a corporation In the manner provided in thib Act for the organization of the company, aud the provisions of this Act, or any Act in addition hereto or in amendment hereof, shall apply to snch corporation and its members, and such corpora- tion shall l>e entitled to have and en}oy the powera, privileges, and franchises conferred upon the company by this Act or any Act in addition hereto, or in amendment Itereof. The holders of said bonds or debentures, whether they shall organize themselves Into a corporation as herein provided or not, or said trustef or trustees, or any persons or corporations claiming by, through, or under them, shall in case they take possession of said property under the pro- visions of said mortgage or deed of trust, be entitled to hold, own and enjoy the same as fnlly and effectually as did the company heretofore, and they shall be entitled to hold and enjoy all the powers, rights, privileges, frnnchiaes and exemptions in reference thereto which were held and enjoyed by the company, whether nnder any letters patent, or lease from, or contract with, the crown, or under this Act, or any Act in amendment hereof, or any special or general law in force in the province of Nova Scotia, or otherwise. The company may in and by said mortgage or deed of trust provide for a periodical payment to said trustee or trustees of such sum as they may determine, which sum, with all accumulations thereon, shall constitute a sinking fund, to be applied in such manner as shall be stipulated in said mortgage or deed of tnist. Any foreign corporation or trust company may act as trustee under such mort- gf^e or deed of trust. 16. The directors may from time to time make, alter, amend, or repeal such by-laws, rules, or regulations, not inconsistent with this Act or the laws for the time being in force in this province as they may deem necessary and proper for the management of the affairs of the company generally, and the same when approved by the (Jovt^-noiNln-Council, shall have the force of law. u 17. The oonnoll of iny town, city, connty. or diitriel thioagh which any lines of rellwuy or branch thereof, oonlempUted by thle Act, may run, or which will be beneflted by the same, are hervby anthoriied and empoweml to anieai for any aid whataoerer that ■nch cout il may decide to grant to the company, In the aame man- ner, and at the same time aa the ordinary asaeaaraent for the pnUie purpoaea of such city, town, county, or diatrict are made, prorided that no anoh aid shall be assessed until a favorable vote of the rate- payers atrected shall flrst be obtained. 18. The company shall paint or affix and shall keep painted or affixed, Its name, with the word " limited" after It, on the outside of every office or place In which the business of the company is carried on, In a consplcnons position, in letters eaaily legible, and shall have its name, with the said word "limited" afUr it, men- tioned in legible characters in all notices, advertisemenU, and other offloial publicationa of the company, and on all billa of exchange, promissory notes, cheques, orders for money or goods, purporting to be drawn, made, signed, given or endorse' mte one eppniKr, end tuoh ownen or other partiM having ol^lm thereto to nominate one appraiaer, and the Judge ahall nominat.. a third apnaiaer, but in caee each ownen or other partiea having claim tbento do not attend, or ahall neglect, or refute, or cannot agree to make inch nomination, the judge ehal! on proof of auoh poblication or tervloe of inch notice nominate two appralaera, and ahall by an order In writing direct eoch three ap. praiien to value the landa or eaaemenia eo required, and the appralaera, having Drat aubacribed an aOklavIt in writing, to be •worn to before a juatice of the peace and annexed toauch order, to the effect that they will faithfully make anch appraiaement, ahall with all convenient epeed proceed to appraiae anch landa or other properly, and ahall make auch appraiaement In writing, and return it under their handa or the haoda of a majority of them with auch order and affidavit to a judge of aaid court, who may conflrm modify, alter or reject auch appraiaement, or direct an appraiaement rf« Moiw. The company ahall pay or tender the amount of the ap- pralaed value of auch landa aa finally confirmed, and the expenaea (to be Uxed by a Judge) of the ownera on auch appraiaement to the ownera, or in caae of diapute to auch partiea aa the Supreme Court or a Judge thereof ahall direct, or ahall pay the tame with aii naontha' intereat thereon to the Prothonotary of the Supreme Court of Halifax, in the manner hereinafter provided, and shall regiater copiea certified by the Prothonotary at Halifax, of anch order, affi- davit, appraiaement, and confirmation, in the office of the registrar of deeds for the county or district in which auch landa lie, who la hereby required to register the same. 23. Upon payment or tender of the amount of the appraised value as finally confirmed to the party entiUed to receive the same, or upon the payment of the amount of auch appraised value to the Prothonotary of the Supreme Court at Halifax, in the manner here- inafter mentioned, the award or appraisement and the confirmation thereof, shall veat in the company free from all chargea, liena and encumbrancea, whetler by way of dower, mortgage, Judgment or otherwise howsoever, the whole and entire title to auch landa, or If an easement only is sought therein, then the right to nse the same in the manner desired by the company shall veat in the company, to- gether with the power forthwith to take possession of the same, or to do the thing for which anch compensation has been awarded or agn.<"l upon ; and if any renistance or forcible opposition be made bjr iDj pcnon to tiMir to Mag, Um Jodgt bwj on pnof to hU ut- Ufaction of noh >w«nl ud ■ppralMnwiit, Iwnt hli wirrant to th* •berilt at the ooaatjt wlwraiB •uoh propartj !• dtuatt to pat tha oom- pan; in poaaeaalon thanof, and to pat down aacb nalatanoa or oppoaition, wUeh aneh aharllt, taking wlUi Un anfflolonl aaalatama, ahaU do. Si. Tha oonpaaaaUon for an; Unda wbM ma; ba takan with- oat ooooant of tl j proprietor aball ataad in lien tberaof , and an; oloim to or enoumhraooe upon auoh landa or an; portion tharaof •ball, aa againat tka oompan;, b< oonrartad into a elalm to tba oon- pcnaation only, or a llln portion tlxraof, aa tba oaaa may ba. SA. If the company haa reaaon to fear any olaima or incum- branoea, or if any party to whom tbe oompenaation or any part thereof ii payable rafnaee to execute the proper conTeyonce of tbe land, or if the party or any of the partiaa entitled to claim tbe aame cannot be foona, ..r ia unknown to the company, or if for any other naaon whatc/er i'k company deem It adviaabic, the company may pay the appraiaed value of lucb landa Into the office of the Protho- notary of the Supreme Court at Halifax, with Intcreat thereon for aix montha, at tlie rate of aix per cent, per annum. 26. Nothing in tbe four next preceding aectlona ahall authoriie any interference witli any mining righta or operationa owned or condaetad by any partiaa other than tba company hereby incb/- pomted, S7. If the company does not bonajtde commence bueineaa under the proriaiona hereof within two years from and after the paasing of thia Act, then thia Act ahali become and be utterly null and void and of no eOeot. AN ACT TO AMEND THE ACT TO INCORPOR- ATE THE DOiMINION COAL COMPANY LIMITED. Being Chapter 14« of tb, St.tat«of Nov. Scotia for the year l«M. H»««i the SStb 2 of Maid Ciiaptcr 145 of the Acta of IKOS ia amcmlcd by in«:rtii)g after the wonl 'Manila" In the Bucoml line thereof the worda " or landa covered with water" and further lo- aerting after the word "railroada" in the aixth line thereof, the following worda : *' or for the piirpoae of making, building, laying down and maintaining reaervoira, water worka, ciaterns, culverta, Alter l>edB, maina und other pipea and appliancea for obtaining, atoring or diatributing water for the purpoaea of the Company." *t AN ACT FOR IHE FURTHER ENCOURAQEMENT OF COAL MINING. faual lh« 1.1 day rt Fiibnurr, A. D. Un MiDM and Mlu.r.U Act, mi,- It wo. onicted u follow.— " Not,i,|,.,.„dl,H! .nythlng oo„„|„„, ,„ ,,,. tmb, „H,b, „ \tnib «ctlou, or in .ny oihor p.rt of thi. chapter, whenever it •h.ll .p|«,r to the ..tl.f.ction of Ih. (Jovernor-in-fonncll that any company or per.on working; or propoalng to work, any coal mine or ininea, i. willing to pay to the Province a greater royalty '• per u,n than that Hx«l by the .aki 117th Mction, or I. prepared " to proeccute coal mining o,M.«.i„n. on .uch an extenaive wale m • would without a higher rate of royalty, largely increa.. the Pro. vincial revenue derivable from roynilie,, the Governor-ln-Connoil may authorlae the Coromi.»ioncr of Public Work, and Mine, to " accept the .urrender of any coal leaae or le.». held by ,nch com. • pany or |>er.on under the law now cjl.tlng, or .uy le.K or lea.e. ■ that may be l>.ned under the provl.lon. of the ISSth wclion of " tbi. chapter, and may i..ne In lieu thereof a new leaae or leaM. " containing .uch term, and condition, a. may Iw deemed ei,«dlent " a. re.pect. the area of «„y ,„ch leaw, the period for which the ' le.K .hall run, the rate of royalty to he Impoi^ dnrlng the whole or .ny part of »uch iwrloil, and the taxation that may be " levle.1 on the properly of .uch company or per,on. Provided ' however, that iu no c,«, .hall any .uch new leaw lix the rate of " royalty lower than that Nxed by the 1 1 7th wctlon of thi. chapter" ; A,ut Whrrm,, hi pursuance of the >ald Mctk.., the Govemor.ln Cooncil, by a certain Order-in-Conncll pa.«d on the twenty-third day of May, m the year of our Loi-d one thousand eight hundrwl and nlnety-two, and by a certain other Order-in-Councll, pauetl on the twenty.fonrth day of October, in the ..me year, made certain ar. rangcmenU with Henry M. Whitney, of Boeton, in the United State, of America, for the purpose of Mcurlng the pro.ecnlion of coal mining on an cxten.ive ecale, a. contemplated by the .aid one hundred and (Ifty.alxth action of the .aid "Mine, and Mineral, Act, 181)2 '*: n Anil Whemu, doubt» might hereafter arise as to the authority of the Governor-in-Council to grant or pledge to the said Henry M. Whitney and his aBsociates all the rights, powers and privileges granted or pledged, or purporting to be grante one hundred and fifty-sixth section of an Act of the Legislature of Nova Scotia, passed on the thirtieth day of April, In the year of our Lord one thousand eight hundred and ninety-two being chapter one of the AcU of the .M j«r, ,.utr«, M.t.t-MtrreaTflt:'" -" ■-- ^«- - .. l2llh!"r"'"'"°* ''°^"""« ""'""'■"* '■■ «"« •""■. 118th, or 12(Hh .eofon, or ,n any other part of thi. chapter, ;h.neve, i .hali appear to the ,atisf«„i„„ „, ,h. Governor-in-Coanrth. any company or person working or proposing ,o work any coll n„ne or mine, ia willing to pay to the I^ovin^ a g^uTLTy per ton than that ».ed hy .he said MTth section, 'r i. pZ«J U> p^ecntc 00.1 „,ining operation, on -such an ei.enaive Zira^ wonlrt withont a higher rate of royalty largely Inerea'e thTpro vincalrevenne derivable fron, royaltie., ,h. Governor.in-Co.fndl n,ay anthonze the Con,n,isai„„er of Public Worka and Minet accept the surrender of any coal lease or le. , held by s7ch " ™° that n.ay be .ssned under the provisions of the 15«th section of h.s Act, and may issue in lieu thereof a now lease or leases con tainrng snch terms and conditions a, may be deemed expedient a, respects the arc. of any such lease, the period for whichVhe lease .ny part o such period, and the taxation that may be levied on the property of snch company or person. Provided, however Uiat m no case shall any such new lease fix the rate of royaltj lower than that Bxed by the 117th section of (his Chapter." ; And whereas, the p-._ being the holder of ie.se „f "^' „„..,„ ^., fZ .*^' *^°""'y "' '^'^ B'^'°°- •«« by petition to the Governor-in-Council, dated the day of prayed that it may be permitted to avail itself of the privileges con templated by the said section , pnvueges con- And Whereas, the Governor-in-Council has, by an Order-in- Council, passed on the dav of / ■ , '. . , " "' > approved of the said petition and authorized the issue of a new leasi to the s«d company under the provisions of the said one hundred and Bftv- sixth section ; * Now this Indenture witnesseth : 1. That in consideration of the rents and royalties hereby re- served, and of the covenants and agreements herein contained, and on the part of said lessee, its successors and misigns, to be observed and performed, our said Sovereign Lady the Queen, of her special grace, certain knowledge and mere motion, hath granted and demised 6« and by these presents doth grant and demise unto the said lessee, its successors and assigns, all and singular the beds, veins and seams of coal, whether opened or unopened, within^ under, or upon all that tract of land situate at in the County of Cape Breton, and Province aforesaid, and described as follows, that is to say : containing square mile , more or less, in manner and form as the said area is specified and delinbated, reserving hereout a strip or margin of yards in width, running all around the lot described, which said lot is set forth and delineated upon the plan hereto annexed ; and also, so far as Her Majesty can or lawfully may give or grant the same, full aud free liberty, license and authority to and for the said lessee, its successors and assigns, and its tenants, servants, agents, or workmen, to search for, dig, work, and take such coal, and to make . ad use any pit and pits, trench and trenches, quarry aud quarries, groove and grooves, to drive and use any drift and drifts, water gate and water gates, way gate and way gates, air gate and air gates, water course and water courses, as well for working, winning, obtaining and getting the said coal, as also for voiding and carrying away the water, foul air and rubbish from the mines thereof, and also to make, use, or enjoy sufficient and convenient pit room, ground room and heap room, within the limits of the said tract or district hereinbefore described, for the laying and placing, as well the coal which has been heretofore had, wrought, won or gotten, or which shall have been from time to time hereafter had, wr. Tht, won, or gotten from or out of the said mines or any of then* , as also all such stones, gravel, sand, deads, unmerchantable coal and other rubbish which has heretofo: e proceeded or been had or gotten, or which shall from time to tim;^ hereafter proceed o be had or gotten, from or out of the said mines, or in the working or digging thereof, or in getting or raisiup the said coal, and also to make, place, erect aud set up or use, within the limits of the said ti'act, all such gins, engines, furnaces, refineries, cupolas, foundries, cranes, forges, mills, bouses, stables, hovels, lodges, sheds, offices, and other machinery, buildings and erections as shall from time to time be needful or convenient for opening, working or diawing the said minps, or any of them, and for lodging, stacking and depositing or placing the same, and for burning and making bricks, tiles and pipes, and for withdrawing and carrying away of water from the said mines or any or every of them, or for the standing, lodging, laying or placing of the workmen, workhouses and workgeor to be mi n mt^ojtiia.m- sl)put.tl)< atikiog or cnying on tb. worki oi;^e.,»id mines, »nd alao within tlie |lmit> of u'e ,M tawt 'to a»9 »nd .^Jo, all .nch gin., e»gine., fiirn,^, ' rf^neriw, cnnpl«, fonndfte., Cfwe., fprge., mUl., l,oo.e,, ,t,bl„; hovl., iSL,, •fc.d.,.offloe.,,.n(^,other n.«l,j,«y. bnilding, „d er«,tion. uSye ,»>een,)^U)^<,„ „;^le, p|,ced „ erected, or wt qp, within th. limit, of theM,dtr«tte,thepMrpo«. irfpreM|d, .nd « now^uSg or being thereupon , and alaq within the limit, of the i(d teMMo n»e and enjoy. .ulBeient and convenient, way, leave nd liberty' of fmno, m liberty to make, lay, or pl«» „„e or' more way "or way., raUway oi; railway., tramroad or tramroad., and to 'remove take away and amend and repair, alter and nhange the ..me re- .pectively, and to take, lead, drive, and carry away,' in; thrcigh -long and over the .aid way or w.y., railway or r.llWay., tramr«,d or tramroad., and in, through, along and over any -way or way. railway or railway., tramroad or tramroad. heretofore made and now .nb.i.ting within the limit, of the .aid tract., and with hone, cart., wain., waggon., and with any other carriage or oarria«.' •nd with engine., all the coal to be had, wrought and gotten forth and ont of the .aid mines, and aU other article., material, uid .nbatance. necewary or convenient to be removed therefrom or con- veyed thereto, and generally to have, hold, use and enjoy, dnrinit the continuance of thi. grant or demiae .11 other power, and prta- lege. whatKwver within, over and upon the .aid tract whiish ^all or may be nwfnl, necewary or convenient i -, in or about the K.reh- ing for, winning, working, h.x-ing, eierciaing, digging, getting or drawing of, from or out of the »id mines, or any of them", and taking and carrying away the same, and for staoking or lodging the same or any part thereof, and which Her Majesty can of lawfuUv may give or grant the .aid Ie»e«, Ite .ucceuors and auign., and it. tenant., nrvant., agent, and workmen, doing a. llftle .poll and damage of ground as possible within the limits of the said tract in searching for, winning, working, having, exercUing uid enjoying of the premues, and of the fwveral poWer., libertfe. and privUeaes hereby granted and demiwd : - To, have and to hold Jhe said , b?ds, vein, and scam, of coal area.,,mines, power., authoritie«,,and all an^rin^lar pthkr theirei miw. hereby gran.ted or, demised, or eiprewed or inte'ill]r ; ibd \{ M uld le«Me ahsll, beton the time Ixiid for tbc p>jriMnt of lacli ad- dltioDiU rojdty, ^e notiM in writing U> tkt CommlMiomr' of Poblio Worki rad UIdm thirt it elaimi that the deHoltno; hu liMa OftuMd by clrcamaUaoM b«jond tti reasonable control, the payment of each additional royalty ahall be aaepended pending an inqairy Into the merlta of anoh claim by the Commlisioner of Pnbllc Works and Mines, and If, after sboh inqniry, the Commissioner thall decide that the claim has . it been sustained, and shall notify the lessee of each decision, the leasee shall within ten days after the giving of each daeialon and notice thereof to said lessee, have a right to de- mand a Kference of the queation to arbitration in the manner hereinafter provided, and if snch demand be made, then the addi- tional royalty shall not be deemed to be dne and payable until it ahall hare been determined under the j^rovialons of said dauae pro- viding for arbitration. 8. And the said .lessee, for itself and its successors' and assigns, covenants w^tlfonrJ^0V«'e^ Lady the itneen, her heirs and suc- cpssors, that the said lessee, its successors and assigns, shsll, by ^If, its tenants, servants, agents or wbrKmen, open, dig and bona ids and effaotn|il|y work son^e mine or mines, seam or seams of coal within the^said lai;^ berefn'befor^ described, snd will extract and raise therefrom ^nd t^n||part and send from thence for sale or use, fui shall f roi|i henbefor^ continually afterwards, durtiiK the con- tinuance pf th|s ^ease, bona llde and eSectnally work ihe said or other, and avaua|)le miii^ or mines, seam or seama of coal within the aaid land hereinbiefc^ described, and sell or transport for sale the ■1- 'vT I...T..I .■-, . li- '".■.,1 , ■. ■ ... . oosjl so extracted or raised therefrom, according to the true intent and meaning , of th^e presents. And also shall well and truly pay or caused to be nald ui^toour Sovereign Lady the Qaeeii, her heirs and eudmaioini, through the ({uids or by the recelpi; of the Commia- eloner of Public W^rks and Mines of the said Province, at tbe time and in this manner (leieln provided, the said rente or royalties hereby reserved or inter -'ed so, to be ; and thai the said lessee. Its succes- sors and assigns, shall and will, during the continuance oiT ibis demise, ke^p or cause to be kept, one or more book or books of account, wherein true entries shall be made of all such coal as shall from, time ty tlm^ be wrought or gotten forth or put of the said lands and the beds.^and seams hereby granted and demised, and of all ooal Bold or otherwise uan^ and consumed by the said lessee, its suc- cessors 01 assigns, its workmen or servants, dui^ng the con'tinuahce of this grant or demise, and thait it shall be lawful for the Confmi;- n !*>.« of nm Work. .„<. Mln« for tb. tim. bri,g, or m^ ST"^ H r^' " "• """ """""' -■■'" "'■ "■"«'. '«>■» "■»• to lb. ..Id book or book, of «co„„,. And tb.f th. own.r, Z», „, »..n.g«, .b. 1 „d wni, on or b.for, ,h. tentb d.y of LZ^IZ of J,n„.ry, April, Jnly .nd October, in .«h .„d Lrj y„r, IZ and d«tld.tlon of the ..n.., „a the .mount of roy.lty which u« «cru^ npon .nch co.l ,x,r.c,ed .Inrbg the pL„„. ,u«t»7 And llkewl« th.t the ..Id owner, .gent „r ^^„^r, .h.11 .nd wi iL^r "r '"* ''" "' ■'"""'• ^P'"' -'^ •"" O^otr "n r„r.l:'*", .'~T' '""™ •" "" Con,n,l,.i„,„, .pcclfying .T/Zli""f^"* '"'"' ""'" •"'" K™'"'" "" ••»" .. princlp.lly employed In or .boat IT !? ; "'"•K«-«'««t of .nch mine before . comntMloner or . }n.«ce of the pe.ce. And .l.o th.t it .h.ll be l.wfnl for uy l„. •pectoror intpector. of mine., or for «ny viewer or viewer., uent or .gent, lo be by the CommlMloner of Pttblio Work, uid Mine, .ppolnted onder hi. h,nd .t .ny time during the contlnn.nce of thi. prMent gr.nt or demlw, when .nd «> often u .ny of th. rt.ft. of the ..Id nine, .re ,t work, to de«end by the rope., gin,, roller.. „ ^'l'',.?;"."'!:".'"""" ""^ •• "y "' •'»•'••'«• of, or belonging, or Which .h.ll belong to th. ..id mine. te.pe«ively, „r .n, of them, into the ..id mine., ,h.ft, or pit,, or .ny of them to plomb Hne, view .nd eorvey th. work. th.r«>f, „d to view .nd m. th.t tne ,«ne .r. regol«ly .nd f.irly wrought .nd cwried on, .nd by the .,m. w.y. .nd men, to .wend .nd come up th. .ud mine,, .h.rt. or pita, or .ny of them, .nd .h.11 «id may in the doing thereor h.ve the help .nd .«,i,t»nce of the workmen ud .ervuit. employed in or .bout the .aid mine., or of .uch other pereon or poTMnn a. he or they .h.ll think fit. And .Iso th.t the Mid leuee Ita .ucceuor, .nd w.ign, ,h.ll .nd will from time to time, ud .t .11 tine, during the continuance of thi. grut or demiw, wdl ud e««ot«.lly munUin .nd .U|.port .11 ud every the working pita rti.fto, level., drift, .nd watercourres, .nd all and evwy tLe workJ r«inirin^ the une of *nd belonging to the uid mine,, with .U ,ufl, ^1 ^ I timber »<] dealt and other matertali u shall be reqalaite or ncoea< •try for that purpoae, and ao aa to prevent the tame and the roofi of the tald mines from falling In or being otherwtee damaged. And aleo that the said leaeee, ita euooeaaon and aaslgna, ahall during the oontiauance of Uila demise, well and Imly open, lay oat and work all mines opened or worked, or which shall lie opened or worked within the said land hereiDbefore deecribed, during the said term, In a skilful, workmanlike and solenttflo manner, and shall from time to time and at all timea ailequateljr provide for the strength and security of the mines, vaults, plu, and the walls and roofs thereof, and the ventilation within, and the drainage of the said mines, and each of them, according to the most perfect ways and means which are or which may hereafter he known snd approved and be used tn fair wrought mines, and shall ol>ey, abide by, and keep all such regulations as have heretofore or shall hereafter be made by authority of law for or In res[)ect of tlie proper working of the said mines, and shall and will at tiic end or other sooner determination of the said term and of this lease, peaceably and quietly yield and deliver unto such person or persons as our said Sovereign Lady the Queen, her heirs and successors shall appoint under the sign manual of the Lieutenant-Governor of the said Province for the time being, or under the Great Seal of the said Province, or under the hand and seal of the Commii'sioner of Public Works and Mines of the said Province, to receive, and take poasession thereof, all the sidd mines, and all and aingular other the premises hereinbefore mentioned, except snob farnaoes, engines, mills, foi^es, foundries, railroads. Implements, houses and buildings, as shall not be attached to the freehold, in such good order, plight and condition as fair wrought mines ought to be left, with such timber, deals and other materials aa aforesaid. 4. And the said lessor hereby covenants with the said lessee that It shall be lawful for the said leasee, paying the said several rentals, royalties and sums of money hereby reserved and made payable at the days or times * nanner aforesaid, and performing and observ- ing the several covenants and agreements herein contained, and on its part to be observed and perfurmed, at all times during the con- tinuance of tliis lease — peaceably and quietly to have, hold, use, possess, exercise and enjoy all and every the said mines, powers, liberties and premtses hereby demised and granted, or intended so to be, with their respective appurtenances, without any eviction, denial or disturbance of, from or by the said lessor or any person or persoQS whomsoever lawfully or equitably cMming or to claim by, .11 p^vinoi.. burd.„. or .„„ .,„,„ ,f„;:^n u,^, '" T il hereby demlwd or gr.nt«l, or J, ottkl^ .1 ■"*""■" royUtl.. b.«bv r,«rv«l or Jv„tZ ' " ™ ""«""• "'1 -' occupied b» the ..un^2^', , ""' '"''•°"»'' °"^' ""•' othe corporation, am or pcr.oa for tlie term of M, hZ Z Z any longer term at an, lower rate, of rovalfv or ™„ T^h ll rate, which the .aid le.,.e i. herein rcq„ L ^ pav to h f" ""' -on lee. onerou. condition. than''ar.ll7n.;;:S'oXT; -yaltie. hereby reeer^-ed being „r.t pai^ ira-nd^'ofre r.." IcMee, ,t. .ucccor. and a..ign. during the pc.d.ncy of tJ. ^t'thelTV"'',^'' ■"*"• '■"* '■"^"'«" "'-"y "-'-ed " any part thereof, for the term of .«d lea« or any portion the.Jf ^^ de.,re..„,„do, toany per.o„, flr™ or corporation, Ltr^id Iceor w,ll, upon :-,ue.t in writing, give 7 gran.' nn,^ h 1 , it. .«cce.«,r. and a,.ign, any nece,..ry licen«, con«nt or :l Approbftlton tbanfor aiidtr Um hwid mkI m«1 of tht ConiiDiMloiMr of Public WorkA and Hiaet, or will ratirjr or will Mcurc tli« r*tlfloa- tioo of tb« Uovernor-tD-Counoll UmtiU), slgnldad UDiler the bftnd Aod Mftl of Uw Mid CknnmlHioiwi of Public Works and MlDWt u tbt CM* »ftjr ba, tnbJMl to tlit teraw, •ondUlooi and ooveoutt of tbialMM. 6. The iftld iMior futtbtr ooreuRnta Rod Kgrn* to and wHh tb« Mid Imm«, its •noMMora Md Mtlgna, thit th« iMMr will not dur- ing the p«Ddcnoy of thlt leu« gtiw or grant to any other pereon, flrm or corporation anyllcenH to teareb or work, or any leaee to mine any mineral In, over or under the arcM beraby deuilacd, eioept upon the condition that the laid person, flrm or oorporatlmi aball not Interfere with any of the power* hereby conferred or the pre- mlaei hereby demleed. 7. And It la hemby agreetl and declared by and between the parties hereto that If at any time duripg the ooatlaoaace of this demise, or after the expiration or sooner doterrataation thereof, any dispute or controversy shall arise between the said lusor and the said lessee, touching or conoeruing the construction or meaning of thcM presents, or soy of the oovBnaots, provisos, cUnsee, or con- ditions herein contained, or u to any other matter or thing in ai^wlse relating to this iMse, the Mme shall be inquired into, settled and determined by the usual proocM of law in the courts of (he Provinoe, if snch dispute or controversy ma be lawfully raiaed tn such courts, under the provisions of the law respecting roine* and nUnerals in force at the time of such dispute ; and if any .such, dis- pute or controversy arise which, under the af(Hr«aai<1 Qiining laws of the Province, oannot be so dealt with by the courts, then it shall be referred to and decided by two competent and iudifferent arbitrators, one of thorn to be appointed in writing by or on the part of each party In difference, or, of an umpire, to l>e by the said arbitrators in like manner appointed Iwfore they enter upon the reference, and Chapter llS of the Revised Statutes, Fifth Series, of the Province of Nova Scotia, " Of Arbitration," and any amendments thereof, arc hereby dectartd to be applicable to any snch arbitration. 8. And it is hereby agreed and declared by and between the parties hereto that in case any default shall be made by the said Company, its sucoeiMors and assigns in payment of the said rests auJ royalties hereby reserved for the space of forty-two days after ■thi) period hereinbefore appointed for paying the same, then irhen 1 i«— «'H. .o d.u™!!;. tbl «lJT,^''''"':!!r -^"'^ <" »"-r -l.n .ft.« a..l J»dg„ri.JXr,"""" '»' "■« period o/ fort,.L .«oh bond, or debenture., .nd T^t ^ "T'" "" ■""*" ■>' . tb. Governor-In-CouacU rhe™h. TTj'^'l "* '^™" "> in the fonn of word. ^ .o eCt . /u'^prr." tZT' ""' g«ge" was omitted. P>"PO«e the word " mort- The Coancil reoommend that Mr Whit... k ■ . wo^ ..»K.rtg.ge-. wiilbeinLr^^r^X': 'tr'.'''' "" *1» l«»»e form. P"* "' section S of Certifled. (Signed) H. CBOSSKIII,, C'ltrk Bxtmlim OmneiL i BY-UW& ABTICLE I. Section 1. The «iiiuml general neetings or the Shneholden ot this Company ahall be held in Halifax, Nova Sootia, or in Boaton, Maasaohoaelta, or in Montreal, P. Q., aa the diieetora nty thm time to tine determine, on the eeoond Tliunday of JOM tn ca«h jrear for the electioD ot directors and to reeeire the n)|>li>rt tf the directora for tlw past year, and for other general pnrpoaea relating to the management of the Company's affairs. AeconMa ot the Company to be annually closed on the laat day ot Febnitfy. Section 2. Special meetings of the shareholders shall be called either in Halifai or in Boaton, by the Secretary, whenever a ma- jority of the directors or shareholders holding at leaat one-fourth part in value ot the capital stock shall make application to him therefor, stating the time, place and objecta ot said meeting, and the Secretary shall also call special meetings ot the stockholders whenever he Is so directed by the President. In the case ot all special meetings ot the shareholders the objects for which the aame are called ahall be stated in the written reqnnt, and is tba ostict caUng th* aseeti^g. Section S. ITotiee of the time and place of hoMhff the anquiil meetings of the shareholders ahall be given by the Secretary 6^ paT»- lishing notice thereof in daUy Mwspapers of general circulation, both in Halifax and in Boston, on at leaat two separate daya, th6b laat publication to be at leaat seven daya before the holding ot said meeting, and in the case ot apecial meetinga of the iSareholders, the Secretary shall, in addition to the notice by publioition required in the caae of the annual meetings, mail written lattice ot such apecial meeting to each aharehoider ot record, at hia registered ad- dreas, at leaat nine daya before aaid meeting. AKTICLE II. orricuu. Section 1. The officers ot this corporation shall consist of a Preeident, Vice President and second Vice President, Treaanrer, Secretary, a board of eleven directora, and auch other officers aa the needs of the corporation may require. 1 Ing I. not held, . b«rd of ..! 1,! ' **" "■• »"»''•' ""««- without farther notii' !J „'^.1 o/.hr.Z.'. *?" " T""' election of officer, .nrt .h.ii i . '' "'«•"■'«. 'or the the Corpor«ror;nd .hiu . rln """l "°"'''' ^^'"""■" "" Vk»P«iden,,;nd,h4l,'rrItrTl '^ T^' *" "^ The P«.id,„t „d VIo«T«idIi .h ,, l^T"' '"'* Socreury. .nnn.l n.e«,ting of the .h^T^iH ""''' ""^ "■"" '^ "«« elected .nd ,«i!,.el 1 te^^^^;.:; "' Di^;:""''"^ "* meeting, or ,t „y other meeting oft^a^JP'T.".™' "' """ nan.berwho,withthePr«irn7 . I, ' "'•*' '"»'•'>',<'»'' . hoid <^:rrz.r:f r zroi oirr-" nnr.reU.,l\^7dr.:'^ l-Xr^-- the^^^^^^ forborne corpor.tlon of .t 1...; . . 1 ^*'"' "'■ " '""»" «.e.oft.'?:„^r^n^h.:x;rj::rthr.' ABTXCXE m. rUSIDIXT. Section 1. The Preeident ahtll be ohuml .i>h .k •IgM, rare .nd manwement of .m ^^ * ^'""' *'"- He shall sign ,ii certiflcte. of itock ho„rf. j ■,. ^ ABTICU; IV. Tie« PUHiDurr, 70 ABTIOLE V. StCRBTART AND TRUSVRm. 8«tion 1. The SeonUrjr ud TreMurer thall perform aoch dDtiee H m»y be reqaired of them from time to time by the Boan) of Director!. Section «. The Secratu; .bail Iceep a record of all meetinga of the atockho'den, of the director! and of the execuUve committee. ARTICLE VI. BOAHD or U1IN0T0B8. Section J. The Preaident of the Corporation ahall, ex ojfkh, be Preaident of the Board of Directora. Section J. The Board of Directora shall have the miinagement of all the property and bd^iueaa alTaira of the Corporation. Section 3. The Board of Directora ahall have power :_ (a) To caU a meeting of the atoekholdera whenerer they deem It neceeaaiy, in the manner provided by ArUole I. of theae by-lawa. (b) To appoint and remove all employee! and agenta of the Com- pany, preaciibe their dntiea, Ji their compenaation, and require of them aecnrity for tiie faithful diacharge of their dntiea. (0) To make rules and regulations not inconaistent with the charter of the Company and the laws of the Province of Nova Scotia, for the guidance of the oAlcera and management of the buainess and affairs of the corroration. (d) To declare dividenda out of the surplus proata; (e) To borrow money and incur such indebtedness aa they may deem necessary, and to authorize the mailing, drawing, or acceptance of Mils of exchange and promissory notes on behalf of and for the purposes of the Company. (i. To purchase and aoqaire any and aU Unda, huildinga, raU^ waya, mining leases, stock, maohineiy, Hxtnres, patenta and property of whatever nature mentioned in Section U. of the Act incorpor- atiug the Company, or which may be neceaaary or advantageous for the carrying out of the objecta of the Company therein mentioned • and they are hereby authorised to iaaue the common and preferred atook of the corporation in payment therefor; in accordance with the proTiaions of the charter of the Company. (g) In addition to the foregoing powers, the diractors shaU be entitled to exercise all the powers of the Company, except those I I power, whicb .«, either by the chmer or by «o«nU l.w oonf.r™H •aclMively upon the .tockholden. ' ""'"^ S«Uo., 4. It .h.11 be the daty of the Bo«d of Dlr«,t«™ - J.) To c.a« to b. kept . complete re«,rd of their meetl,,. „d _ Section S. The Preeident may e.11 special meeting, of the Bo«d .Koc^l meeung. of the Board of Director. JZ the^to requited 117"°* ''V"»J»'"y <" "» Board of Director., .«d inc^^ negtect or ref«.. to call .uch meeting a majority of the l^ ° Director, may call a apecial meeting of the Bo.M h.T^. printed no..« the„f or, .igned by thL 'aid' m"^ 'to'^h^ror at h., la., known pla« of re.id.nce or ba.ine«, at Ie«, ,™w.' fonr hour, previou. to the time of .uch meeting. ' Any meeting, of the director, at which all the director. .„ „~ «nt or of which the al«n. di,«,„„ .hall h„e tal^Z^h^; be . legal meeting as though called a. herein provided. Section 6. The Executive Committee .haU, when the Board of .^TotL."^" ''"'"- ^-^^ "" «-'" "" ^ ^«^- pe«n'!°° '■ ^ '"'*""' "' "" °"*"°" """ ^ «™ P"»"« » Quorum of the Ex«>nav. Committee .hall be three pre«nt in I M i I! 7» ARTICLE VII. TACAKCIU. 8«tton 1. Tlw Baud of Oineton •h.II have power to tU ut TMMoy, howmTer ouued, in the baud of offloen of tU* Com- ptoy Mid .ho In tb. Boud of Dinotori, nntil the next uniul meeUng, or meeting held in i:«i tlwreof. AHTICLE.VIU. vomia. Section 1. At ell meetlngi of the corporation, eiub ■hinholdw of record either by hlmeelf or by hi. duly q>pointed .ttomey, .h.U be entlUed to cut u muy rate, u he hold. thm. of .took of re- cord, whether common or preferred. ABTIOLE IX. cunricATU or nocK. Section 1. Ewh ■h.rebolder .hiUi be entitled to . certiflcirfe ibowing the nomber of .hue. of the cpitid rtock held by him. whether preferred or common, which ehiJI be nnder the eeid of the CmipMy. ud .h.11 be .Igned by the Frcident .nd by the Treuarer Md .b.11 be ooantenigned by . dnly .ppolnted tnnefer i«ent. ' In cue of the .bunce or ln.baity of the Treuorer to Mt, the Secretuy may aign .ncfa cartUcate. in hi. ateKl ; and in ca« of the abeenoe or inabUity of the Preaident to act, the Vice-Piuldent or •rtoh other oMcer of the Company u the Director. m.y deelgnate. may eign .nefa certiUcatea In hi. Mend. ■»""». ««»«• may be tranaiemd by . conveyuice in writing recorded opon the book, of the Company. On making the tranafer and .orrendering the old oertilcate a new oertiActe .hall be granted. In oau of the lo« of certiUcte, a duplicate oertlAcate may be iMued, upon .uch to-m. u the KzecntiTe Committee .hall preeoribe. 8e^ J. AU ahare. of atock which hare been luoed u fuUy prtl .hare.. In accordance with the Charter of the Company, w which, a^tbongh not iuued u folly paid .hue., have enbeeqnenUy upon mU been paid up to the unonnt of their pu vaine. ahaU h« thereafter non-uaeuable. ' -i~ •» Sections. The Dta»tor. may olo« the tranrfer book, .t any time for a period not exceeding fourteen day.. 78 ARTICtE X. SectloB 1. No buiiant except to orguUe aod idjoora for . hoKler. „nle.. tbere .re pre«„, |„ p,„o„ .t l.„, flv. .hweholZ ZZVt^i' ^r"" " "' ''"°"''' •' '•"' "...tenth of th.: c»plt.l itock of the corporation iMued or .ubeoribcl. ARTICLE XI. Section I. The«> by-l.w. n,., be .Itered, .mended or rep..l«I fromtlme to time by the B„.«, of I>lr«,tor., .nd m.y llkeX J. of the .tocl(Uolder.prc«n, .nd voting at an, a„m,.l meeting or .„y •l>ecl.l meeting c.lle.1 for that purpo«. » .' ^ ..«## \ H AMENDMENTS TO THE BY-LAWS Hoetlng of Dincton of Ibe Domintoa Coal Oompu;, LImittd. HonuAi., \»th June, 190t. On motion It wh SatlMil: Tint tlM bj.'lnm of tbh Oomfay be md u* benbjr umndad w foUowi : Seotlon 1, Article 1. Be wnewled by ioMrtiag >'*" tbe wofd " Boiton " in nii) Section tbe worda " or In Montreal, P. Q." Bcetloa 1, Article i. Be nmended by ineerting after tbe wonl ■■ Boeton " in eaid Section tbe wonU " and in Hootroal, P.Q." Section 1, Article i. Be amended by atrililng oot the word " elei-en " and inierting tbe wonl " twelve." Section 2, Article i. Be amcndnl by •triking out the word " eleven " and inierting titc wonl ** twelve." -■***«,