fully completed, any law, usage, or custom to the contrary notwithstanding; and in order to ascertain and fix the amounts from time to time advanced to the said Company, the President and Treasurer of the same shall deliver to the Provincial Treasurer, on the receipt of each portion of the loan, a certificate under the Seal of the Company, stating its amount in the Form No. 2 in the Appendix to this Act; which receipt shall be sufficient evidence of such primary mortgage, or first charge, under this Act. 7. Subject to the payment of any previously existing Provincial liability, and of the Civil List, the faith and credit of this Province, and the ordinary revenues thereof, and the amount or proceeds of any special impost which may hereafter be levied and collected for the purpose of paying off all such Railway Debentures, and the interest thereon, shall be and hereby are declared pledged to any and every holder of the same for payment of interest as it becomes due, and for payment in full of the said Debentures when the principal of the same becomes due and payable. 8. The Lieutenant Governor in Council is hereby authorized from time to time to appoint during pleasure, some fit and proper person of eminent standing in his profession, as consulting Engineer on behalf of this Province, whose duty it shall be to watch over the interests of the Province, in the coustruction of the principal Railway herein before described, and its branches and extensions. 9. This Act shall not come into force until Her Majesty's Royal approbation thereof shall be first had and declared. Under the authority of the Legislature of New Brunswick. The Government of New Brunswick promises to pay in London, to the bearer, the sum of pounds sterling, day of ; likewise twenty years from and after the the interest from the same date, at the rate of six per cent. per annum, to be paid half yearly, on the presentation of the proper Coupons for the same, as hereunto annexed, on the in each year, day of and the day of In testimony whereof, I, the Lieutenant Governor, by virtue of the authority vested in me in and by an Act of the General Assembly of the Province of New Brunswick, passed the day of 18, intituled An Act to repeal certain Acts of Assembly for facilitating the construction of the European and North American Railway, and to make other provisions for the construction of the same, with branches and extensions, have hereunto set my Hand, and affixed my Seal of Office, at Fredericton, in the said Province, and the Provincial Treasurer has countersigned the same this C. D. P. Treasurer. day of A. D. 18. A. B. Lieut. Governor. , London, Pounds Sterling payable at the Office of being Six months Interest on the above Debenture, due day of C. D. P. Treasurer. No. 2. A. B. Lieut. Governor. The European and North American Railway Company hereby acknowledge to have this day received from Treasurer of the Province of New Brunswick, the sum of pounds sterling, by way of loan from the said Province Debentures, No. to No. in inclusive, under and by virtue of the provisions of an Act of Assembly made and passed in the sixteenth year of Her Majesty's Reign, intituled An Act to repeal certain Acts of Assembly for facilitating the construction of the European and North American Railway, and to make other provisions for the construction of the same, with branches and extensions. This certificate is granted under the directions of the said Act, and in conformity thereto the Seal of the said European and North American Railway Company is hereunto affixed, and the President and Treasurer of the said Company have hereunto placed their signatures, this day of in E. F. President. [This Act was specially confirmed, ratified, and finally enacted, by an Order of Her Majesty in Council dated the 28th day of December 1852, and published and declared in the Province the 26th day of January 1853.] 17th VICTORIA-CHAPTER 68. An Act to amend the Acts relating to the European and North American Railway Company. 1. Increase of Stock to £1,500,000 Sterling. 21. Company may convert shares into a gene2. Shares to be £20 Sterling. ral Capital Stock, but not to affect Provincial Stock without consent of Governor in Council. Provisions for "Stock Register," and regulation thereof. 3 Deposit, valuation of. 4. Capital Stock may be further increased. 5. Shares to be numbered, and considered personal estate. 22. 6 Every registered subscriber to be deemed 23. a shareholder. 24. 25. 26. Provision for payment of loan bonds. 7. Every allottee of shares having paid de- 10. Provision for certificate of proprietorship in case of loss. 11. Form of transfer in case of consolidation. 12. Provisions in case of transfer. 13. Agent to report transfer, and entry there. of to be inade in Register. 14. Register to be closed thirty days previous to ordinary meetings. 15. Appointment of Agent in Great Britain. 16. Calls not to exceed £5. and not to be made at less intervals than 2 months. rectors. Auditors to be elected. 28. Half yearly accounts of Company to be made up and delivered to Auditors. 29. Powers of Company at ordinary meetings. Notice of general meetings of Company to be published in London. 30. 31. Power of compulsory purchase of lands for stations, &c. 32. Power to divert streams, &c. 33. Owners of lands and persons injured by diversion, &c., to be compensated. Company bound to fence and secure banks, &c. 17. Provisions for notice of calls. 34. 18. Notice to be given previous to declaring share forfeited. 35. Owner of lands taken, entitled to pre 19. Provisions for increase of Capital, same emption in case of relinquishment. 36. 37. Three years for claims to be submitted. 38. Suspension clause. Forms. Passed 1st May 1854. WHEREAS since the passing of the Act for incorporating the European and North American Railway Company, the sum of one hundred thousand pounds currency of the capital stock of the said Company has been subscribed, and the deposit of five shillings per share actually paid thereon, as provided by the said Act, and by reason thereof the said Company has been duly organized, and is empowered to make and execute the works, and to do the several acts and matters thereby authorized, and has commenced the execution of the said works, and has contracted with certain persons for the constructing and equipping of a portion of the Railways in the said Act mentioned: And whereas it is contemplated that a considerable portion of the capital stock of the said Company will be subscribed for and held by persons resident in Great Britain or elsewhere out of this Province, and it is expedient to make further provision as to the capital of the said Company, and in other respects to amend the several Acts relating to the said Company, or some of them ;— Be it therefore enacted, &c. as follows:-1. The capital stock of the said Company shall be one million five hundred thousand pounds sterling, and shall be divided into seventy five thousand shares of twenty pounds sterling each, which shall be deemed to be and is designated as the original capital of the Company. 2. The shares already subscribed for shall be taken to be shares ofthe denomination of twenty pounds sterling each, and the deposits made upon such shares shall be taken as deposits made upon such last mentioned shares. 3. All deposits upon shares paid in New Brunswick shall be received at the par of exchange with eight per cent. premium. 4. The capital stock of the said Company may at any time, or from time to time, be increased in the manner hereinafter provided. 5. The shares in the said original capital, and in any further capital to be hereafter raised, shall be numbered in arithmetical progression, and every such share shall be distinguished by its appropriate number; and all such shares shall be personal estate and transmissible as such, and shall not be of the nature of real estate. 6. Every person who shall have subscribed or shall subscribe either in this Province or elsewhere, to the extent of at least one share in the capital of the Company, or shall otherwise have become entitled to a share in the Company, and whose name shall have been entered in the Register of Shareholders hereinafter mentioned, shall be deemed to be a shareholder of the Company. 7. All persons who, either in this Province or elsewhere, shall apply for a share or shares in the Company, and shall thereupon have one or more shares allotted to them, and shall have paid the deposit required on allotment, shall be deemed to have subscribed for the share or shares upon which such deposit shall have been paid, and may thereupon be entered upon the Register of Shareholders of the Company hereinafter mentioned. 8. The Company shall keep a book to be called " The Register of Shareholders ;" and in such book shall be entered from time to time the names and additions of the several persons entitled to shares in the Company, with the number of shares to which such shareholders shall be respectively entitled, distinguishing each share by its number, and the amounts respectively paid on such shares. 9. The Company shall also provide and keep a book to be called "The Shareholders' Address Book ;" in which shall from time to time be entered in alphabetical order, the corporate or official name or title of the several shareholders, being Corporations or public bodies, and the surnames of the several other shareholders, with their respective christian names, places of abode, and description, so far as the same shall be known to the Company. 10. On the demand of the holder of any share, the Company shall cause a certificate of the proprietorship of such share, under the common seal of the Company, to be delivered to such holder, and the same may be according to the form in the Schedule (A) to the said recited Act annexed, or to the like effect; and if any such certificate be lost or destroyed, then, upon proof thereof, and sufficient security being given if required, a similar certificate shall be given to the party entitled, and a due entry of the substituted certificate shall be made in the Register of Shareholders. 11. Every transfer of a share or stock, in case of conversion or consolidation into stock, under the provisions hereinafter contained, shall be in the form in the Schedule (A) to this Act annexed, or to the like effect. in 12. Every such transfer when executed in this Province, or any of Her Majesty's Possessions in North America, or in the United States, shall be delivered to the Secretary together with the certificate of proprietorship, and when executed elsewhere shall be delivered to the Agent of the Company duly |