Railway Com Management way company. tion, or any arrangement resembling an amalgamation, XLIV. whether complete or partial, of all or any part of the Between two respective undertakings of those two companies, the amalga-panies for mation and arrangement shall be subject and without pre- and Working judice to the due fulfilment of this agreement on the part of of Line. the M. Company; and if and so far as shall be requisite for Company with securing to the L. Company the several benefits intended to another railbe secured to them by this agreement, the M. Company will procure the Railway Company to adopt and give effect to this agreement; and if, and so far as the Railway Company are or shall be under any such amalgamation or arrangement beneficially interested under or in respect of this agreement, they shall, to the extent of their beneficial interest in that behalf, and for the purposes of this agreement, be deemed to be "assigns" of the M. Company. IN WITNESS, &c. XLV. AGREEMENT between a Foreign Governmen THIS INDENTURE, made the day of 18—, BETWEEN the government of his Majesty the King of (and which government is hereafter referred to as the government), by A. B., the accredited agent of the government, of the one part, and the -Railway Company (and which railway company is hereinafter referred to as the company), of the other part. WHEREAS the government, Agreement. considering that the construction of railways in ———————- will be of great advantage to the public, have agreed to co-operate with the company in the construction of a line of railway from to or near to with a view to an extension thereof to the in the manner and upon the terms and conditions hereinafter mentioned and contained. AND Deposit. (a) This Precedent is given not as a complete form of contract, but merely as containing specimens of the various stipulations usual in such cases, which it is hoped may be of service in directing the attention of draftsmen to the principal points which must be considered in framing or settling contracts of this nature. XLV. By a Foreign Government WHEREAS it was one of the terms of the said agreement that Company with the company should pay into the treasury of the government the sum of £- — sterling at certain times agreed upon; for Construc- and in pursuance and part performance of such stipulation, tion, &c. of the company have already paid into the treasury of the said government the sum of £-, part of the said sum of -, as the government do hereby admit and acknowledge. AND WHEREAS the sum of £expended prior to the Line. Previous expenses. nants. £ day of had been in the present year by the company, for the purposes of their undertaking Mutual cove in a manner approved of by the government. NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement, and in consideration of the premises, the company do hereby for themselves and their successors (so far as the covenants and agreements hereinafter contained are to be observed and performed by them), agree with the government, and the government does hereby (so far as the covenants and agreements hereinafter contained are to be observed and performed by the government) agree with the company and their successors in manner following (that is to say) : Selection of line. Notice of line. Land. that it may 1. That it shall be lawful for the government to determine, fix upon, and select the route and direction of a line of railway to be constructed as an experimental line of railway, such selected line of railway to commence at or near and to take such a direction to or near to form part of a line of railway from such selected line of railway, of the estimated cost of £or thereabouts, shall be completed by the company and opened for the conveyance of passengers and goods, with all practicable speed. to and 2. That the government shall give notice to the company of the line so selected as aforesaid, or of any part thereof, as such part shall from time to time be fixed upon; and it shall be lawful for the government from time to time to alter the said route or direction, or to extend or limit the same as they shall think fit, after such notice as aforesaid. 3. That the government shall, after the selection of the said experimental line of railway, or any part thereof, and from time to time as may be necessary, provide the land which shall be required for the said railway, and the works connected therewith, and proper stations, offices, warehouses, and other conveniences for the same, and shall from time to time give to the company possession thereof: And that all land of which possession shall be so given to the company, which shall not be permanently required for the purposes of the company, shall, as soon as practicable, be restored to the government. 4. That the company shall, on receiving possession of the same land, or any part thereof, forthwith, and subject to the supervision and control hereinafter prescribed, commence and proceed with diligence in the construction of the said experimental line of railway, and of all such stations, offices, warehouses, fixed machinery, and other works and conveniences, as in the opinion of the government (such opinion to be certified in writing) shall be necessary or expedient, as well with reference to the original construction of the said railway and the working thereof, as with reference to the permanent maintenance thereof, and its protection from injury or destruction by inundations, tempests, or other causes whatever; and such railway shall be made at such gradients, and shall be furnished with rails of such weight and strength, and laid down and secured in such manner, and to consist either of a single or a double line of railway, as the government shall in writing direct; and shall, if required by the government, and at such time as they shall in writing require, be provided with an electric telegraph, constructed along all or any part of the said railway, and upon such principle, and to be under such regulations as to its use, and the terms of its use, as the government shall in writing direct or approve of; and the company shall from time to time attend to, execute, and perform all such directions in writing, as may from time to time be given by the government for any deviations from, or alterations in, any directions or requisitions previously made or given with respect to the premises; and the company shall, so soon as the said railway shall be completed for such a distance as in the opinion of the government shall be desirable, open the same for the conveyance of passengers and goods. XLV. By Company with a Foreign Government for Construc tion, &c. of Line. Works. 5. That it shall be lawful for the government, from time Opening. to time, by notice in writing to the company, to require any specified part or parts of the said experimental line of railway to be completed as aforesaid, and to be opened for the conveyance of passengers and goods before the remaining part thereof shall be constructed. XLV. By 6. That the company shall pay into the treasury of the Company with government the sum of £with the said sum of £. a Foreign Government for Construction, &c. of Line. Money capital. Drafts on capital. said, and the said sum of £ sterling (making together so paid by them as afore-, which has been already expended as herein before is mentioned, the sum of £- months from the date of these presents, and thenceforth at paid in sums of £- receive any portions of their subscribed capital in England, time being of his Majesty the King of -, in London, 7. That as often as and when any money shall be re- or at per £100 against the sum of £ or so much thereof as shall have been paid into the treasury of the government as aforesaid, and the company shall not in any case be entitled to draw upon the treasury in to an extent greater than the balance in their favour for the time being. or at XLV. By Railway Company with a Foreign Government for Construction, &c. of Line. Plant, fares, 8. That when and so soon as the said line of railway, or any part thereof which shall have been required by and tolls. the government, to be completed before the construction of the other part shall be completed and ready to be opened for the use of the public, and so from time to time as any such part thereof shall be so completed and ready to be opened, the company shall and will, subject to the supervision and control hereinafter mentioned, provide to the satisfaction of the government a good and sufficient stock of engines, carriages and other plant and machinery for working the said railway, or so much thereof as shall have been completed as aforesaid, and carrying on the business and traffic of the same, and the company shall and will forthwith commence and carry on the business of common carriers of goods and passengers upon the said railway, and for that purpose cause to be run on the said railway so many trains at such times, and at such rates of speed, and between such places, and with such conveniences and accommodations as the government shall from time to time require, and the company shall and will allow the use of the said railway to the public on such terms as shall be approved by the government, and the company shall be authorized and empowered to charge such fares for the carriage of passengers and goods and such tolls for the use of the said railway as shall have been approved by the government, and shall not in any case charge any higher or different fares or tolls whatsoever without such approval being first obtained, but such fares and tolls shall, when such receipts as are hereinafter mentioned shall in any year have exceeded 10 per cent. upon the outlay, be reduced in accordance with any requisition of the government in that behalf, but only with a view to limiting the said fares and tolls, so far that the net receipts shall not exceed 10 per cent. as aforesaid. 9. That upon the completion of the whole of the said line Title to land. of railway, the government shall and will grant to the com pany a lease of, or otherwise secure to them, a right and title B.-VOL. I. RR |