passengers by their first class train, nor shall the Company be responsible for the safe custody or delivery of any Mail Bags

so sent.

59. The said Company shall be entitled to such reasonable remuneration, to be paid by the Postmaster General or his Deputy for the conveyance of such Mails, Post Letter Bags, Mail guards, and other officers of the Post Office, in manner required by such Postmaster General, his Deputy, or by such authorized authority of the Post Office as he shall in that behalf nominate as aforesaid, as shall (either prior to or after the commencement of such service) be fixed and agreed upon between the Postmaster General or such authorized authority and the said Company, or in case of difference of opinion between them, the same shall be referred to the award of two persons, one to be named by the Postmaster General, or his Deputy, or such authorized authority, and the other by the said Company; and if such two persons cannot agree on the amount of such remuneration or compensation, then to the umpirage of some third person, to be appointed by such two first named persons, previously to their entering upon the enquiry; and the said award, or umpirage, as the case may be, shall be binding and conclusive on the said parties and their respective successors and assigns.

60. In all references to be made under the authority of this Act, the Postmaster General, his Deputy, or authorized authority, or the said Company, as the case may be, shall nominate his or their arbitrators within fourteen days after notice from the other party, or in default, it shall be lawful for the arbitrator appointed by the party giving notice, to name the other arbitrator, and such arbitrators shall proceed forthwith in the reference, and make their award therein within twenty eight days after their appointment, or otherwise the matter shall be left to be determined by the umpire, and if such umpire shall refuse or neglect to proceed and make his award for the space of twenty eight days after the matter shall have been referred to him, then a new umpire shall be appointed by the two first named arbitrators, who shall in like manner proceed to make his award within twenty eight days, or in default be superseded, and so toties quoties.

61. Repealed by 15 Vic. cap. 41. See post. page 254.

62. The Directors of the said Company shall be and they are hereby authorized from time to time to alter or vary the tolls to be taken upon the said Railroad or its branches, as they shall think fit; provided that all such tolls be at all times charged equally to all persons, and after the same rate, whether per ton, per mile, or otherwise, in respect to all passengers, and of all goods, chattels, or carriages of the same description, and conveyed or propelled by a like carriage or engine passing only over the same portion of the line of Railway under the same circumstances; and no reduction or advance in any such toll shall be made, either directly or indirectly, in favour of or against any particular company or person travelling upon or using the Railway.

63. The said Company, on being required so to do by Her Majesty's Government, shall be bound to allow any person or persons duly authorized by Her Majesty's Government, with servants and workmen, at all reasonable times to enter into and upon the lands of the said Company, and to establish and lay down upon such lands adjoining the line of the said Railway or any of its branches, a line of Electrical Telegraph for Her Majesty's Service, and to give to him and them every reasonable facility for laying down the same and for using the same for the purpose of receiving and sending Messages on Her Majesty's Service, subject to such reasonable remuneration to the Company as may be agreed upon between the Company and Her Majesty's Government; provided always, that subject to a prior right of use thereof for the purposes of Her Majesty, such Telegraph may be used by the Company for the purposes of the Railway, upon such terms as may be agreed upon between the parties, or in the event of differences, as may be settled by arbitration, in like manner as is provided for in the fiftieth and fifty first Sections of this Act for fixing the compensation or remuneration to this Company for carrying Mails.

64. The Directors of the said Company shall make halfyearly dividends of tolls, income, and profits arising to the said Company, first deducting thereout the annual costs, charges, and expenses of the said Company, as well of the repairs of the works belonging to them, as for the salaries and allowances of the several officers and servants, and for such other

purposes connected with the said Company as may be deemed proper by the said Directors, consistent with the bye laws, rules, and regulations of the said Company.

65. If any money be payable from the said Company to any shareholder or other person being a minor, idiot, or lunatic, the receipt of the guardian of such minor, or the receipt of the committee of such lunatic, shall be a sufficient discharge to the said Company for the same.

66. Before apportioning the profits to be divided among the shareholders, the said Directors may, if they think fit, set aside thereout such sum as they may think proper to meet contingencies, or for enlarging, repairing, and improving the works connected with the said Railway or its branches, or any part of the said undertaking, and may divide the balance among the shareholders.

67. No dividend shall be paid in respect of any share until all calls then due in respect of that and every other share held by the person to whom such dividend may be payable shall have been paid.

68. The joint stock or property of the said Company shall alone be responsible for the debts and engagements of the said Company; and no person or persons who shall or may have dealings with the said Company shall under any pretence whatsoever have recourse against the separate property of any of the individual shareholders of the said Company, or against their person or persons, further than may be necessary for the faithful application of the funds of the said Company; provided also, that no shareholder of the said Company shall be liable for or charged with the payment of any debt or demand due from the said Company beyond the extent of his share in the capital of the said Company not then paid up.

69. No suit or action at law or equity shall be brought or prosecuted by any person or persons for any act, matter, or thing done under the authority of this Act, unless such suit or action shall be commenced within six months next after the offence shall have been committed, or cause of action accrued; and the defendant or defendants in such suit or action may plead the general issue, and give this Act and the special matter in evidence under the said plea, and that the same was done in pursuance and by the authority of this Act.

70. If any person or persons shall wilfully and maliciously, or wantonly, and to the prejudice of the undertaking, break, injure, or destroy any of the works to be made by virtue of this Act, or obstruct the passage of any carriage on said Railroad, or in any way spoil, injure, or destroy such Railroad, or any part thereof, or any thing belonging thereto, or any materials or implements to be employed in the construction or for the use of the said Railroad, every such person or persons shall be adjudged guilty of felony; and every person so offending shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned in the Provincial Penitentiary for a term not exceeding four years, which punishment shall be in addition to any civil or other remedy for such offence.

71. This Company shall have all the powers and authorities which are or may be given by any Act or Acts of the General Assembly of this Province to Commissioners of Roads for the purpose of removing any obstruction, or for selling or disposing of any articles left on said Railroad.

72. The Legislature of this Province may authorize other Companies to connect their Railroads with the Railroad of this Company, at any points on the route of said Railroad, and this Company may connect their Railroad with any other Railroad existing or to be constructed within this Province.

73. The said Company, to entitle themselves to the privileges, benefits, and advantages to them granted in this Act, shall and they are hereby required to make and complete the said Railway within ten years from the passing of this Act, and if the same shall not be so made and completed within the period before mentioned, so as to be used for the conveyance and carriage of passengers, goods, chattels, wares, and merchandise thereon, then this Act and every matter and thing therein contained shall cease and be utterly null and void.

74. This Act shall come into operation and be in force from and after the first day of June next ensuing.

SCHEDULE.

(A)

FORM OF CERTIFICATE OF SHARE.

The European and North American Railway Company. Number

This is to certify that A. B. of is proprietor of the Share (or Shares) Number of the European and North American Railway Company, subject to the regulations of the said Company, and upon which Shares respectively the sum of has been paid. Given under the Common Seal of the said Company the in the year of our Lord

day of

one thousand eight hundred and

(B)

FORM OF PROXY.

I, A. B. of do hereby nominate, constitute, and appoint C. D. of to be my proxy, in my name and in my absence to vote or give any assent or to dissent from any business, matter, or thing relative to the European and North American Railway Company, in such manner as he the said C. D. shall think proper and for the benefit of the said Company. In witness whereof I, the said A. B. have hereunto set my hand (or if a Corporation say, the Common Seal of the Corporation) the day of one thousand eight hun

dred and

A. B.

15th VICTORIA-CHAPTER 41.

An Act to amend an Act to incorporate the European and North American Railway Company.

Section.

1. Amendment of Section.

2. Repeal of and substitution of another Section.

3. Electric Telegraphs along Railways, how used.

Section.

4. What use of Railway conceded to Halifax Railway.

5. Construction of this Act and other Railway Acts of this line.

Passed 7th April 1852.

WHEREAS the Act passed in the fourteenth year of the Reign of Her present Majesty, intituled An Act to incorporate the European and North American Railway Company, requires to be amended in certain particulars ;—