the Pacific Company, then the parties' rights shall stand as if he had given the certificate which the arbitrators may decide he ought to have given.

23. Section fourteen of the said specifications shall be held to include sufficient round-house accommodation, together with the necessary turn-table, sidings, Y's, and coaling facilities at the place of junction with the Pacific Company at Sicamous Narrows, and suitable station buildings and sidings at intervals of about eight miles from the said junction to the terminus of the line, or at such other points as may be approved by the Pacific Company; also water-tanks, with pumps and fixtures complete, of the Canadian Pacific standard, connected with a good and sufficient water supply at intervals of about sixteen miles from the said junction, and a station building, a roundhouse with stalls for four engines, a turn-table at least fiftyfive feet in length, all the connecting tracks, and at least five thousand feet of side tracks, together with a water-tank and fixtures connected with a suitable and sufficient water supply, and such coal-shed or other facilities as are ordinarily provided at a divisional point, at the terminus,-all to be constructed according to plans to be approved by the Canadian Pacific Railway.

24. Throughout this indenture the mention of either party is intended to include also the assignee or assignees of such party.

25. It is further understood and agreed that the freight and passenger rates to be charged by the Pacific Company on the projected railway shall not exceed the local rates for similar distances on the contiguous section of the main line in British Columbia.

26. This indenture to be binding on the said parties as soon as any Act of the Parliament of Canada shall make it valid, aud shall authorize the respective parties to do whatever may be required to give effect to it.

27. Notwithstanding anything contained in clauses seven and eight, if the aggregate of the taxes payable at any time or times to the Provincial Government and all local municipalities and other organizations, when taken together in respect of the demised properties and the operations of the said railway exceed what would be payable in respect of the same if the assessment and taxation were made substantially on the same principle as that now enforced by law in Ontario, then the excess shall be borne by the Shuswap Company, and if paid in the first instance by the Pacific Company, it may be deducted from any rent which shall mature thereafter.

In witness whereof, the parties hereto have hereunto affixed their corporate seals and the signatures of the proper officers, the day and year first above written.

SHUSWAP AND OKANAGON RAILWAY CO.,

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most

Excellent Majesty.

Preamble.

Lease between
Company and

fied.

54-55 VICTORIA'.

CHAP. 73.

An Act to confirm a lease made between the Guelph
Junction Railway Company and the Canadian
Pacific Railway Company, and for other purposes.

[Assented to 10th July, 1891.]

W HEREAS a petition has been presented praying that an Act be passed confirming a lease made between the Guelph Junction Railway Company and the Canadian Pacific Railway Company, and that the time be extended for the construction of a portion of the Guelph Junction Railway as hereinafter mentioned, and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The indenture of lease made between the Guelph Junction C. P. R. rati Railway Company as lessor and the Canadian Pacific Railway Company as lessee, dated the first day of January, one thousand eight hundred and ninety-one, and registered in the Registry Office at the city of Guelph as number 5078 in liber 11 East for the city of Guelph, is hereby approved of, ratified and confirmed and declared to be valid and binding on the parties thereto; and each of the said parties may do whatever is necessary to give effect to the substance and intention of the said indenture of lease.

Extension of railway.

2. The Guelph Junction Railway Company may proceed to construct the extension authorized by the Act passed in the session held in the fiftieth and fifty-first years of Her Majesty's reign, chapter fifty-nine, provided that the same shall be comTime limited. menced within two years and completed within five years from the passing of this Act; otherwise the powers hereby granted in respect thereof shall cease and be null and void as respects so much of the undertaking as then remains uncompleted..

OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most

Excellent Majesty.

CHAP. 74.

An Act to confirm an Indenture made between the New Brunswick Railway Company and the Canadian Pacific Railway Company.

[Assented to 31st July, 1891.]

WHEREAS the New Brunswick Railway Company and the Preamble. Canadian Pacific Railway Company have, by their joint petition, prayed that an Act be passed confirming an indenture which they have executed conditionally, a copy of which is contained in the schedule to this Act, and it is expedient to grant the prayer of the said petition: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The indenture made between the New Brunswick Rail- Agreement confirmed. way Company and the Canadian Pacific Railway Company and dated the first day of July, one thousand eight hundred and ninety, of which a copy is set out in the schedule hereto, is hereby approved of, ratified and confirmed, and declared to be valid and binding on the parties thereto; and each of the companies parties thereto may do whatever is necessary to give effect to the substance and intention of the said indenture.

2. Nothing in this Act, or in the said indenture, or the sche- Railway laws. dule thereto, shall be held to relieve either of the said companies to apply. from any of its duties or liabilities under the railway laws of Canada.

SCHEDULE.

THIS INDENTURE made the first day of July in the year of Our Lord one thousand eight hundred and ninety, between the New Brunswick Railway Company, hereinafter called the lessor, of the one part, and the Canadian Pacific Railway Company, hereinafter called the lessee, of the other part:

WHEREAS the lessor is the owner of certain lines of railin the Province of New Brunswick, Dominion of Canada,

way

which it has constructed under its Act of incorporation and which are mentioned in the schedule hereto attached and are therein respectively distinguished by the letters A, B, C, and D, they being (together with other properties as hereinafter mentioned) subject, by virtue of the two several mortgages to the Central Trust Company of New York, hereinafter mentioned, to an annual charge of £30,000 sterling and £12,000 sterling respectively;

And whereas by a certain indenture of lease, made the twenty-second day of August, A. D. 1882, which was confirmed by the Parliament of the Dominion of Canada and the Legislature of the Province of New Brunswick, the New Brunswick and Canada Railroad Company did demise and lease to the lessor, its successors and assigns, for a term of nine hundred and ninety-nine years from the first day of July, A. D. 1882, all its railroad and other property and rights of property as therein described (which included those lines of railroad lettered E, F and I in the said schedule); also, all that railroad known as the St. Croix Railroad in the State of Maine, in the United States (lettered J in the said schedule), and its appurtenances and its interest in and to the railroad known as the Vanceboro' Branch (lettered G in the said schedule), the title to one-half interest therein being held by the New Brunswick and Canada Railroad Company by virtue of a lease and the other half interest being owned by it absolutely, and also its interest in and to a railroad, known as the Houlton Branch (lettered H in the said schedule), the title to which was then held by it under lease, and all its rights, title and interest in and to any other railroad or branch, upon the terms, conditions, provisoes and convenants therein set out, which included amongst other things the payment by the New Brunswick Railway Company of the following annual charges, that is to

(1.) Interest at three and a half per centum on eighty-two thousand pounds sterling of perpetual guaranteed debenture stock, issued by the New Brunswick and Canada Railroad Company;

(2.) $6,000 interest on a first mortgage of $100,000, executed by the St. Stephen Branch Railroad Company;

(3.) $3,000 interest on a second mortgage of $50,000, executed by the last named Company;

(4.) $1,200 interest on a mortgage of $20,000, executed by the Woodstock Railway Company;

(5.) $1,440 interest on a mortgage of $24,000, executed by the Company known as the Houlton Branch Railroad Company in Maine;

(6.) $1,680 rent to the last named Company;

(7.) $1,469 rent of an undivided half of the said Vanceboro' Branch, and $35,100 rent to the New Brunswick and Canada Railroad Company;