PUNTA DEL ESTE, MALDONADO, I OEBOLLATI RAILROAD CONCESSION. LHMARY •U*EAU Of RAILWAY ëCONMMM, «ABMIWCTO*. O. C, ETE DOCUMENTS OF THE LIBRARY KJOF railway WAS, .»»ctoh. Ö.Ö, AKL> TRANSLATED FIÎOM THE SPANISH OKlUlNADn IN" POSSESSION OF MESSRS. R. R. TEALER AND CO. ED AT 11IE " ANGLO-AMERICAN TIMES" PRESS. 127, STRAND. 1875. Fl □□□ nossannr bmonnhc göaaac aar dœqa oqnGoai: Ù/Qcy^UW. «AtLK DI YAQVÀZÙ- JÇABO.S* □ □□□□Ol DE UK COMTBKOIO* Showing ilie starting point of the GT EASTERN & FRONTIEITOT BRAZIL Railways. (Copy.) PUNTA DEL ESTE TO CEBÖLLATI, RAILROAD CONCESSION. the SUPPE M E GOVERNMENT TO MEáSBtí. OLA YE, WELLS AN'D CO. At Montevideo, on the Twenty-seventh of September, One Thousand Eight Hundred and Seventy-two, before me, the undersigned Home and Financial Notary and the witnesses mentioned at the foot, the President of the Senate, Sonor Don Tomas Gomenzoro, exercising the Executive Power, and the War and Navy Secretary in charge of the Home Office, General Senor Don Juan P. Rebollo, appeared, and said that in the past year of One Thousand Eight Hundred and Sixty-eight Don Andres Wells and Don Eduardo F. Olave presented themselves before the Executive Power for themselves and on behalf of a Company under the name of Olave, Wells, & Co., asking for the official support of the Government to obtain from the Honourable Legislative Chambers the sanctioning of the indispensable law for the establishment and working of two Steam Rail¬ roads, one from Montevideo to Nueva Palmira, with various branches, and another from the Punta del Este in Maldonado to the River Cebo- Uati, in its navigable part 011 the Laguna Merin, the third part of the proposal comprising the right of building wharfs and buildings, and ex¬ propriating lands 011 their account for the establishment of colonies ; that the proposal divided into three parts as it has been mentioned. The first referred to the Railroad from Montevideo to Nueva Palmira ; the second treating 011 the Maldonado and C'ebollati Railroad; and the third referring to the building of wharves and buildings, and the expropriation of lands for colonies as it appears in the printed pamphlet forming part of the legal proceedings. The Board of Works having reported on the Eighteenth of May of the year mentioned, and afterwards the Attorney General 011 the First of July of the same year, advising that the petition and proposal should be supported, these were forwarded to the Honourable Chambers. According to official copy, granted by the Secretary of the Honourable Chamber of Representatives, bearing date of the Thirteenth November of the same year, the General Assembly sanctioned. 011 the Twenty-fourth of August of the said year of One Thousand Eight Hundred and Sixty- eight, the law of approval and modification of the bases of the proposal, and authorizing the Executive Power to celebrate the contract in the following terms: "The Senate and Chamber of Representatives of the Oriental Republic of Uruguay assembled in General Assembly, &c., See. H E 2/ £ 4" " LIBRARY v ■•READ OF RAILWAY ECONOMIC®, • C- / WASrHNCTOR, 3. C Q t-» YS Q T*fi ÎUN 1 1115 ShePar 12 Decree. Article 1st. The Executive Power is authorized to treat with Messrs. Eduardo F. Olavo and Andrés \\ ells ¡, themselve- and on be¬ half of a Company under the name Clave. Wells. A Co.. for the realiza¬ tion of the Railroad and Colonization schemes presented in conformity with the liases established therein.— Jnd. The Executive Power is also authorized to ask from the said Company the convenient guarantee for its due fulfilment, .'»ril. The expropriation which would have to be made by the Company will be effected in accordance with the laws in force on the matter.—4th. To tiro first part of tlie contract: 1st. The guage of the line shall lie tire same as that marked to the Central Uruguay Railroad. 2nd. In the second clause of article the first, ilio concession for making branch lines to Florida and Durazno is suppressed, fid. Let there be added to the end of article the fifth, six months after the works are commenced the Company must finish at least a distance of six miles. To the second part : 4 th. The same prescription as in Article 1st as to the gauge of the line. 5th. Instead of clauses 1st and 2d, of article 2d. the following : the value guaranteed bv the Nation shall be fifteen thousand pounds for every mile in which there are tunnels, and ten thousand pounds on tlie miles where there are no tunnels. Oth. Instead of the third clause the following : the construction works must he begun in eighteen months date, and six months afterwards six miles at least must be completed. 7th. With regard to the third part, it is rejected :—Hall of Sessions, Montevideo. 2 1th August, ISO*, Ensebio Cabrai, President : Carlos M. rte Nava. Secretan*. In consequence of a petition of the firm. Olave. Wells and Company of the year Sixty-eight., in which was asked that the Executive Power exercising its right of veto, should return the said Law to the Legislative Power if it assumed the observations indica¬ ted bv the firm, it happened that without the last taking place, the Exe¬ cutive Power limited itself then only to the forwarding of the legal pro¬ ceedings to the Honourable Chambers, these thought they had no moro to do with this business. Consequently, when this was known recently by the firm, it presented itself to tlie Executive Power in the month of June of the current year, soliciting that the "Let it he fulfilled, should be put to the Law just as it had beeil sanctioned, and the e •Isliratáui ul the con¬ tract should he pro aled with. 'lilis was ps.--.ed to lie' Attorney General who opposed it on the ninth of the following July, the firm heilig again heard, presented the following two petitions context of which as of the decree given thereon, dated the Twenty-third of the above men¬ tioned August, isas follows:—Excellent Fir—Andres A\ ells on behalf of the firm of Olave, Wells, and Company in the legal proceedings as to tlie character which must be attributed to a Legislative sane!'.on which autho¬ rized the Government to contract with the firm I represent for the build¬ ing of the Railroads on the basis stipulated therein, availing myself of the 4:3 view granted to me by your Excellency beg humbly to expose. That since it is simply a question of putting the let it be fulfilled " or of re¬ cognizing the power of Law to the sanction of the 21th August, 1808, it cannot be understood what inconvenience can there exist on the part of the Executive Power to defer such exigence. To this is not opposed in principle any law whatever, since the Government in returning that sanc¬ tion with the observations made by the firm I represent, did not use tho Constitutional prerogative of the veto, and consequently that sanction ought to have been considered with force of law. I can understand that were it a contract, made and completed, the Legislative Body once the non- acceptance 011 the part of the contracting firm proved, it would have the virtue of annulling what liad been sanctioned, but when we have to deal with a simple authorization for the Government to treat upon these or those bases, it cannot be understood that since the observations made were not ac¬ cepted by the Government, nor interpreted in the form of the constitutional veto they could take away from that sanction its legal force. Whatever may be the time transpired, a sanction of the Legislative Body which has not been vetoed in time is law of the Republic, and the Government can treat with the firm I represent on the bases fixed therein. This is considering it under a legal point of view, and as regards the point of view of the general con¬ veniences it is less accountable. The sanction we are dealing with does not by itself constitute the contract, what it does is to authorize the Government to treat on those bases. What inconvenience can there be for the Government to listen to the firm I represent on the subject, and celebrate with it the contract ? Is it not convenient for Railroads to be established in the Republic ? Is it not the eagerness and aspiration of the whole country from the highest of the public powers to the humblest citizen to see its territory crossed by Railroads ? What inconvenience, evil, or danger is there then for the Executive Power to attribute force of law to that sanction, and consider itself qualified to treat with a given firm the building of two lines, more so when this authorization was given precisely for treating with that firm, and respecting also determined lines ? What interests the Government in such a case is not to make illusory contracts or concessions, but these inconveniences can be foreseen demanding real and efficacious guarantees, which the Society I represent is disposed to give. I am sure that if the Attorney-General has ex¬ pressed himself in his report, it is because he had not in view that it must be a tacit condition of such contract that guarantees answering for its fulfilment must be given, and it is not intended when it is solicited after all the time transpired to prepare all in Europe, to acquire at ven¬ ture a contract and only then to try to find the practical means of com¬ pleting it, but ones he is convinced that the society I represent desires ) I nothing but wliat is legitimate and honourable, he will be the first in favouring my purpose because I recognise his illustration, his rectitude and his advanced ideas. With regard to the firm being considered dis¬ solved on account of tiro absconding of the partner Olavo, according to the words of the Attoniev-Genoral. and to his opposition to the said firm heilig allowed to negotiate and discuss denying it legal deputy, 1 bog to disagree with the Attorney-Genera]. The partner Clave has not ab¬ sconded as far as the firm is concerned, and if lie has done so, according to the Attorney-General, from Iiis position as commanding ollicer of a regiment and administrator of its funds, this is a matter totally foreign to the industrial firm of which Clave formel part. His absence from the country, his non-fulfilment within the firm of the obligations ho contracted towards his co-partners, only interests and belongs to them, and if by the fact of such offences Olavo has lost his right to the social part as it is consigned in the codes, this does not constitute either dissolu¬ tion of the firm itself, or deprive it of its legitimate deputy, more so when it can he proved to your Excellency by the dee 1 of partnership that there were other persons besides him since its origin and many more could join, according to the measures adopted by the majority of the primi¬ tive partners, in virtue of which the firm exists and has here in Montevideo three different partners, besides those in England bound to the undertaking with ample capital to realize everything in the most complete manner. These legal considerations would be sufficient to prove my assertion, be¬ sides that up till now there exists no private or public deed proving the dissolution of the firm, and much less sentence of the tribunals declaring it dissolved, only cas - in which dissolution can be mentionel. Taking into consideration all that has been stated by me, I believe that in a con- fwence to which vour Excellency would please invite the Attorney- General and grant me the permission to b" present, it would be possible to arrive at an agreement and begging vonr Excellency to decide in con¬ formity. It is justice, &c.. Andres Wells. Excellent Hir,—Andres Wells, on behalf of the firm, Olave, Wells, and Co.. in the legal provee 1- ings concerning the stability of a Legislative sanction to your Exe 'llenev, in accordance to right begs to expose that atier presenting the petition which is being considered by your Excellency, it has com; to my know¬ ledge that the line to Iligueritas is granted to another Company in the form of a branch which will make its, junction in the line to Durazno, and in the latitude of Santa Lucia. As I believe that the Government cannot grant two guarantees respecting the same line, an 1 that the firm I represent lias not intended to make illegitimate petitions. I come now to mention that I do not pretend anything oil the said Ihm if it has been granted, accepting that the legislative authorization lie only applied by Government to the line between Maldouado and Cebollati. but at the same 45 timo I bog to ask. considering it just, that should the concession of the lino to Higueritas become void through any motive, I shall be admitted to obtain it in preference to any other proposed, and in the terms of the same authorization of the 24th of August. 1*418. I beg your Excellency to take into consideration all this when dictating the pending resolution. It is jus¬ tice. &c.. Andres Wells. Montevideo. August 2:1. of 1X72. In consideration of what has been stated by the petitioners in their last two petitions, and in conformity with the authorization granted to the Government by the law of 4thAugust, 18(>8 ; let the contractors Wells and Co. present the bases to be discussed for the celebration of the corresponding contract. Rubric of his Excellence the President. Rebollo. Consequently after the bases of the contract had been examined and discussed they were drawn up in the terms which are herewith transcribed, and also the Decree given at foot, dated the twenty-fourth of the current month, and their tenor is as follows :—Excellent Sir.—Don Andres Wells, in behalf of the firm Olave. Wellsand Co. in the legal procer lings followed in the celebration of the contract for a Steam Railroad between the Punta del Este, in Maldonado, up to the River Cebollati in its navigable part, to your Excellency begs to expose that proceeding in accordance with what was ordered by your Excellency in your decree of the 2.')d of last month. I beg now to submit to the approval of your Excellency the following bases of contract. In conformity with the law of the 24th August, 1 8(>X. which in granting to the firm Olave. Wells, and Company two Steam Railroad lines, modified the Bases submitted, and in conformity also with the decree of the Executiye Power, dated the 23d of last August, devolved upon the proceedings on the subject after the desisting rendered necessary in what refer.-, to the line to Nueva Palmira, the follow¬ ing contract is entered into by the Executive Power and the firm of Olave. Wells, and Co., with respect to the line from Maldonado to Cebollati. Article the first. The right of building and working a line of Steam Rail¬ road of a single track (save in those places where a double one shall be requisite) is granted to Olave, Wells and Co.. each track having the same guage as the Central Uruguay Railroad. The line will start from the Punta del Este in the Port of Maldonado. continuing till it crosses or goes round the Sierra do Rocha, and will end in the navigable part of the River Cebollati 03i the Laguna Merin. 2d. If the lands required for the line ot Railroad (in the terms of the former article), stations and sliods. should bo of public property, the State will grant them gratuitously to the firm, granting also the right of employing the Public Road for laving the raib. without prejudice of leaving unobstructed the trafile, but where it should require private or judicial lands, the expropriation shall be made in strict accordance with the dispositions of the Civil Code in force, and on account of the firm but in the name of the Government or by the firm itself, re- 4 G presenting the Government. Article 3d. The Nation grants the conces¬ sionaire firm an interest of seven per cent a year on the sum of Ten Thousand Pounds Sterling (£10.000) for every English mile of one thousand seven hundred and sixty yards of Railroad, built according to the terms of the concession. Locomotives. Polling Stock, Stations, Ac., included. But should Tunnels have to be made for the said Railroad the guarantee of the Nation for the interest is 011 the sum of Fifteen Thousand Pounds Sterling for every mile which has tunnels, the sum of Ten and Fifteen Thousand Pounds Sterling according as the case may be, is hereby declared to be its only- value for all the objects referring to the said guarantee. Article 4th. Though the seven per cent guarantee a year will run from the date of the justified disbursement of Capital, it cannot be demanded by the firm, but proportionately by Sections after each Section has been opened to the Public traffic, the first Section will have to be at least of twenty miles in length, it is understood that the interest guaranteed by the State will only be paid when the nett revenue of the line should not produce the said seven per cent on the accepted sum«, and declared according to the cases mentioned in the former Article when a payment shall have to be made by the State, it will be according to half yearly balance, otli. For this balance made with the knowledge of Government, the legitimate indispensable managing and working expenses shall only be deducted. Article 6th. At all times that the nett proceeds of the line should exceed seven per cent., the Government shall be credited with the surplus in Account. Current destined to repay any disbursements which the said Government should have made on account of the guarantee. Should there be no disbursements made and should it give an excédent, it shall be taken into account to apply it to the future Balances. Article 7th. The works on this line must be commenced within eighteen months of the drawing up of the Contract into a Public Deed, and must be completed three years afterwards being in all four vears and a half, unforeseen eases and stronger force excepted. Article 8th. All the material of the line, rails, sleepers, locomotives, carriages. Ac., shall be ot first quality, equal to the best at present employed in the Republic ; the Government having the right of inspecting tlicm before they are used, by engineers in the presence, and with the concourse of those designated by the Com¬ pany. Article Dtli. Thé ownership and the right of working the above mentioned Line of Railroad remains recognized in the firm of Olave. Wells, and Co., but the said line can he expropriated by the State after a period of fifty years in consideration of the previous payment of Ten or Fifteen Thousand Pounds Sterling per mile as the ease may be in accordance with the stipulation set forth in Article the third in reference to the guarantee and twenty-five per cent, added as profit. If the ex¬ propriation should be pretended before that date, the profit fixed will be 47 increased in proportion. Article lOtli. The import of the materials for the building and working of the line of Railroad are free of Customs duties, and the capital represented by it, is free from taxes during the first twenty years. Article lltli. During the first ten months from the date of the deed, the right is reserved to the Government and the Capitalists of the Republic of taking shares in the enterprise should they not be all placed abroad. Article the 12tli. The citizens of the Republic employed in the building or in the service of the line are exempt from military duty. Article loth. As the Government lias the right of in- spectioning the books referring to the receipts and expenses of the line for the half-yearly balance to ascertain whether disbursements have to be made on the difference of the nett proceeds on account of the guarantee, it is hereby stipulated that only after the nett proceeds should reach twelve per cent, a year can the tariff be modified bv an understanding between the Government and the Company provided the result of the said twelve per cent, be not reduced. Article 1-1 til. The transport of mails shall be free once a day going and returning. In case the Govern¬ ment should require express train or trains it will pay according to tariff, without having to suspend the ordinary trains. The transport of the State troops, armament and baggages will pa}- only half of the tariff for private individuals. Article lötli. In conformity with Article the Oth of the Law on the matter the firm of Olave, Wells, and Co. bind themselves, once the eighteen months fixed are expired, to commence the works, and finish the first six miles six months afterwards. Article 10th. The legal domicile of the Company i- fixed within the Republic, where all questions arising between the Company and the Government, with regard to th" bases of this contract, will be decided always by arbitration; but in the questions the Company may have with private individuals residing in other countries, it shall conform itself to the Laws and Tribunals of those countries, unless there should have been arbitration. Article 17tli. The concessionaire company will submit its Statutes to the formalities of approbation and registration in the Republic, in accordance with the Code, and it shall have a representative here with legal power of attorney noted in the Tribunal of Commerce. A) tide LXth. Without prejudice that from the date of the Deed and of th" granting a testimony thereof, the eighteen mouths fixed for the making of the plans andsurveys shall commence running -o that the works should after this period be commenced, the guarantee is from henceforth given for the execution of everything in the terms agreed upon, in virtue of the mort¬ gage of Ten Thousand Pounds Sterling granted in this Act in favour ot the State by Doctor Don Jaime Estrazulas upon seven farm lots belong¬ ing to him. situated in the Department of Cerro Lange, between the •i 8 Canada de las Piedras and tlie sources of the Arroyo de los Corrales, bounded in the front with the division range of hills and at the back by the Arroyo Cebollati Parado and Olimar Grande, the said seven farm lots being free of all encumbrances, six of these lots belong to the said Doctor Don Jaime Estrazulas by Public Deed of selling back to the first vender granted in his favour at Buenos Aires by Don Jorje Gowland on the Nineteenth of July, One Thousand Eight Hundred and Sixty- nine, before the Notary Public of that city, Don Bernabé de Maria, and which, dulv legalized, he has exhibited. The other farm lot of equal origin and derivation by Public Deed granted in favour of the said Doctor Don Jaime Estrazulas by the heirs of Doctor Don Antonio de las Carreras as dedition in payment before the Notary Public, Don Alejandro M. Lerena, dated Eighteenth instant, and granting separately besides the Mortgage Deed before the Home Notary for its registration and annota¬ tion in the title deeds that the said guarantee can be afterwards replaced by another to the satisfaction of the Supreme Government, and cancelled when all the works on the line are completed. Article 19th. In case that by anv reason whatever the concession made lay Government of the branch which will start from the Central Bailroad at Santa Lucia up to Nueva Palmira, should become void (this being what made the firm of Olave. Wells. & Co. desist of the contract to Nueva Palmira), the said firm shall have the preference over any other in the same conditions. Article 20th. For the due evidence, the law of concession, the two last petitions of the legal proceedings and the Decree of the Executive Power, given on the first and making reference to both, shall be inserted in the Deed archiving the legal proceedings in the Home and Financial Notarial Office. Conse¬ quently. I beg your Excellency to lend your approval to the preceding bases which are adjusted to the Legislative Resolution already named, and to order the legal proceedings to pass to the Home Notarial Office, so that the contract may be raised to a Public Deed, and at the same time the mortgage for the guarantee be granted, noting it in the title deeds as evidence at the foot of the contract that the said mortgage has been given. It will be justice, Ac. Andres Wells. Home Office, Montevideo, Twenty-fourth September. One Thousand Eight Hundred and Seventy-two. The foregoing bases of contract proposed by Messrs. Wells & Co. are accepted with the following addition: The surveys and general plans mentioned at the beginning of Article 18tli will be submitted for the approval of Government within the period fixed for the commencement of works. Let this contract pass to the Home and Financial Notarial Office, that it may be raised to a Public Deed, archiving in that Office the legal pro¬ ceedings referred; let it be communicated as it corresponds to the Board of Works. Rubric of his Excellency the President, Rebollo. What has 49 been related and transcribed agrees with the legal proceedings already mentioned, which, with note, remain in the Homo and Financial Notarial Office, to which I refer and certify : That the guarantee mortgage was granted in this same date before me for the fulfilment of the contract on the part of the firm, the said mortgage being given by Doctor Don Jaime Estrazulas, and it is noted in the title deeds of the lands mentioned in Article the Eighteenth, and I return the said title deeds. Don Andres Wells being present, at this Act on behalf of the firm of Olave, Wells. the Pgal proc eedings followed by Scttor Doll Jorfe .\. Morn on, representing the firm of M'V•■!>>. Olave. Wells, and Co. before the corporation that the Sijîpearer.; represeni. pre- tcniliug to Ohiain some municipal lands, situated in the Punta del E-i1 and in the town of Maldonado for the building of the Railroad, which must „jail from the llr.-t mentioned place ; in tili«, legal proceedings will be foTOttsh a resolution of the said Board, the transcription of which was solicited by its President, and its literal tenor is the following. January 20th. of l's7 I • As presented. Don Jorja A. Morrison, Attorney of the firm of Olave. Wells, and Co. with the testimony of the bases of the con¬ tract deed and in consideration of this, the corporation I preside resolves, that it comes to grant and grants in conformity with Article 51 2d of tlie said Bases the following lands: 1st. Beginning from the peg No. 0, or starting point in the Punta del Este, 50 metres to the East by 200 metres to the North parallel with the line on one part, and besides for the Administration Wharves and Warehouses near the coast, between 9 metres 100 and 9 metres 400 of the line traced for this Railroad all the lands existing between the line and the Coast or Port with the right of building wharves calculating at one hundred metres, which starting from the pegs to the west ends in the said coast, and in 70 metres the line which starting from peg 4 to the Westends, also in the coast (Plan No. 1.) 2d. It is granted for the principal station near to the town of Maldonado, for the placing of the workshops, coal sheds, engine houses, carriage sheds, sidings. &c., a fraction of land comprised (according to the new plan) between the 3 de Febrero-street, corner of Sail Carlos, and tracing a line from this to the west up to Sarandi-street, and from there a line to the north of one hundred and fifty yards more or less, being a total of five and a half squares, with the obligation on the part of the concessionaires to leave a street at the half square which does not belong to the municipality, and which will form the completion of the six squares (Plan No. o A.) 3d. All the waste municpal lands occupied by the line from its starting point, in conformity with what is set down in Article 1st of the contract, arc also granted. With regard to the concession solicited under No. 3 (Plan No. 2.), this Board believes that the firm will not require these lands as with those granted in the Punta del Est", it will have sufficient for warehouses and wharves, but if after the line is made it should feel the want of them or others, the concession will not be denied them, main¬ taining by the present prelation before any other petitioner or denun¬ ciator. It must he understood that the concession of land called Punta del Este, is as far as the Board considers all those lands as its property, and save indemnification of property laying in the tracing of the lino. The foregoing concessions will remain without effect in all their parts, should the concessionaires lose their rights to the working of the line between Maldonado and Cebollati, according to die terms of the Deed of Contract. No fraction of the lands granted in the Punta del Este, as in th" city, can go out of the possession of the coivv.-sionaires for any use but that mentioned in their petition. Let there be granted Publie Deed of this concession, as also of the petition which is ordered to he placed in tice protocol archiving this resolution. Ruperto Fernandez. President: Elias L. Davincenzi, Secretary, This faithfully agrees with the original reso¬ lution transcribed, and which is to b" found in the legal proiwdings of its reference, to which I certify, and that the Senor President of the Board, accompanied by his Secretary, Senor Devincenzi, continued to state that in virtue of what has been ordered in the preceding resolution. 52 they by tlxc present deed constitute into a Public Contract tlie above- named concession, noting in it all tlie legal requisites according to law for its greater stability and firmness, and if the conditions under which have been granted the c vied lands are fulfilled bv the said firm, they bind themselves in the name of the Corporation they represent, to pro¬ tect the concessionaires in the possession and enjoyment of the said pro¬ perty. let testimonies of this ho furnished to the interested parties. Sonor Don Jorje A. Morrison being present at this act. on behîlf of the said firm as per Power of Attorney, granted to him by Doctor Don Jaime Estrazulas. on the Twenty-eight of November last, authorized bv the Notary. Don Alejandro M. Lerena. which he exhibited, and he n-sured me that it was not revoked, suspended or limited. Being cog¬ nisant with the contents of this deed, he accepts it in the name of the persons he represents in all its parts, binding himself to fulfil faithfully the bases contained in the contract which gives origin to the present, and both appearers signed it witnessing it. Don Armando Rodriguez. Don Joaqnin Calvete, and Don Jo«' Moreno, neighbours whom I certify, as also that the preceding deed follows immediately after the one granted on the sale of a plot of land by Don Juan Clanser, in favour of Don Juan Estura (the younger), dated the third of the present month, and at page twelve. Ruperto Fernandez. Elias Devineenzi. Jorje A Morrison. (Wit¬ ness) Armando Rodriguez. (Witness) Joaquin Calvete. (Witnes.«) Jose Moreno, Before me, Gervasio Pagóla, Nolarv Public. This was drawn before me. in faith of which, and at the request of, Don Jorje A. Morrison. I grant the present, which I sign and subscribe, on the same day of its granting. (There is a sign) Gervasio Pagóla. Notary Public. Fees for the signing, and a notation of this copy. 1 dollar and eiglitv eenti paid. ORDINARY COURT OF JUSTICE. Maldoxado, June ittli. of 1*71. Noted under No. 5,'j in the Book of the Registration of deeds corres¬ ponding to the present year which is kept by me in this Court of Justice under mv charge, previous to the payment of the corresponding fees and fine which lie had incurred. Paid $.1:5. (*igued) Fernando A. Pu. Montevideo. July 11th. of 1*71. Messrs. Olave, Wells, and Co.. transferred to Messrs. R. R. Peulcr, and Co., the rights belonging to them according to this deed.—As evidence.— Lerf.na. (Copy. ) In the City of MontovidooVa the Twenty-first of February, of One .JO Thousand Eight Hundred and Seventy-four, before me the undersigned Notary Public and witnesses appeared Doctor Don Jaime Estrazulas of this neighbourhood, of age, whom I certify that I know, and acting on behalf of the firm Clave, Wells, and Co., of which lie is a member, and is authorized during the absence of the partner Don Andres Wells, who is at present in Europe, to use the social signature, as it appears by the contract raised to public deed before me. 011 the Twenty-seventh of September, of One Thousand Eight Hundred and Seventy-two which I also certify and said : That belonging to the said firm by concession of the Legislative Body, the light of building and working a line of Steam liailrond from the Punta del Este in Maldonado up to the River C'ebollati in its navigable part on the Laguna Menu, as it is proved by the public deed iTvanted to the said firm by the Executive Power in the date named of Twenty-seven of September, of One Thousand Eight Hundred and Seventy-two, which in authorized copy by the Home and Financial Notary I have now before 111e I ceitify, and wlieu noted, possess into the hands of Don Jaime Scamiehla and Dun lieu sell Balph Dealer. In con¬ sequence of not having been able to realize any contract whatever 111 Europe for the building of the said Railroad up to the First of January of the present year, though it was thought obtainable, and the firm not being able to obtain here the funds necessary for proceeding with the surveys and plans required, and begin the first works owing to the pre¬ vailing monetary crisis, the appeal er has decided on behalf of the firm to transfer as lie does by the present deed unto the already mentioned Señores Seaniichia and Dealer the acquired rights by the concession of the State, placing for that purpose the transferees in the same place and degree of the transferring firm lav the above mentioned deed. And the already named Doctor Estrazulas in the representation lie invokes con¬ tinued stating that he makes this cession without receiving any price whatever in tlie hopes that the transferring firm may save a part of its disbursements, if the transferees are fortunate and obtain the realization of the enterprise. To the stability of what lias been stated he binds the firm according to law. Present at this act the said Señores Don Jaime Scarnicliia and Don Russell Ralph Dealer, whom I certify to know as being of this neighbourhood ; they made themselves cognisant of this deed, and accepted it in all its parts. In the original they so grant it and sign, witnessing it Don Pedro Monitorio, Dun Isaac Oil. and D011 José 0. Mendoza, neighbours whom I certify. This deed follows imme¬ diately after the power of Attorney granted to-day by Don Tomas Havers in favour of Don Tomas V>. Howard at page thirty-six and fol¬ lowing, Jaime Estrazulas, Jaime Scarnicliia, P. R. Pealer, P. Mora torio. (Witness) Isaac Gil, (Witness) Jose 0. Mendoza. Before me, Alejandro M. Lereua, Notary Public. On the same date, and in a sheet of fourth ,")•] class I gave copy to tlie interested parties. As evidence, Lerena. Under date of the Fourth of May of the same year, and in a sheet of fourth class I gave a second copy to Señores Scarnichia and Pealer. As evidence, L"rena. This was drawn before me. in faith of which and to deliver untoM"Hsi>. R. R, Pealer and Co.. at present concessionaires of the said line, I grant this third copy at Montevideo, on tlie Fifteenth of July of the same year. (Signed} Adejaxdro M. Lerena, Notary Public. We certify that Don Alejandro M. Lerena, by whom appears autho¬ rized this deed, is such Notary Public as he entitles himself. And for evidence we sign and subscribe the present in the City of Montevideo. Capital of tlie Oriental Republic of Uruguay, on the Sixteenth of July. One Thousand Eight Hundred and Seventy-four. '(Signed) Jose A. de Fbeitas, Notary Public. (Signed) Siltesre Siexha, Notary Public.. I hereby certify that the foregoing signatures of Señores José A. de Freitas, and Silvestre Sienra, Notaries Public, resident in this city, are of their own, true, and accustomed handwriting. In testimony whereof I hereunto affix my signature and seal of office, at the British Consulate, at Montevideo, this 10th day of July, 1872. (L.S.) Tksh. Lemm, Clerk to H.B.M. Consulate. (Copy.) In the City of Montevideo, on the Second Of June, of One Thousand Eight Hundred and Seventy-four, before me the undersigned Notary Public and witnesses, appeared Don Andres Wells, of age, and of this neighbourhood, managing partner of the firm Clave, Wells, and Co., to whom I attest, know and said. That 011 the Twenty-first of February of the current year, and before me, Doctor Don Jaime Ehrazulas, who during the absence of the exponent has the social representation, granted a deed in favour of Señores Don Jaime Scarnichia and Don Russell Ralph Pealer, by which he coded the rights which the Society had by concession of the State to the Railroad from the Punta del Este, in Maldonado, up to the navigable part of the River Cebollati—that it not having been expressed in the said deed the nature and conditions contained in that contract, the appear«' now grants and declares by the present public deed that the one of the Twenty-first February, already named, represents a con¬ ditional contract of sale of the conces-ion by the firm Clave. Wells, and Co. in favour of Señores Scarnichia and Pealer, in consideration of the sum of six thousand pounds sterling, in ease the said Señores Scarnichia and Pealer, manage to realise tlie business respecting the said line of Railroad, by themselves or in partnership "with other persons, or transferring their rights to a third person, it being established that onlyanyof those cases should take place, the purchase and sale will be perfect, and only then the purchasers obliged to make the payment to the vending tirm. the said pavment shall be made in proportion to what they realize in money and in shares as the case may be. To the stability and fulfilment of what has been stated, he binds the firm which ho represents according to law. Señores Don Jaime Searnichia and Don Iiussell Ralph Realer of this neighbourhood whom I know and certify being present and cognisant of this deed, accepted it in all its parts as it was what had been agreed upon, binding themselves should the occasion arrive to fulfil the payment of the sum indicated in the established form. In its original they so grant it and sign, witnessing it, Don Jose C. Mendoza, Don Isaac Gil and Don Francisco Lenzi, neighbours to whom I attest. This deed follows imme¬ diately after to the one of protest, which 011 the first instant Messrs, Andres, Folle, and Co. grant against Don Francisco F. Hemiquez and Don Julio Rodriguez at pages One Hundred and Seventy-four, overleaf, and following. Andres Wells, Jaime Searnichia, Ii. R. Realer, (Witness) José C. Mendoza, (Witness) Isaac Gil, (Witness) Francisco Lenzi. Be¬ fore me, Alejandro M. Lerena, Notary Public. This was drawn before me, in faith of which, and to deliver to the interested parties I grant the present, which I sign and subscribe at (Monte¬ video on the Fifteenth of July of the same year. (Signed) Alejandko M. Lekexa. Notary Public. We certify : That Don Alejandro M. Lerena ley whom this deed is authorized is sueli Notary Public as he entitles himself, and as evidence we sign the present in the City of Montevideo Capital of the Oriental Republic of Uruguay, on the sixteenth of July, of One Thousand Eight Hundred and Seventy-four. (Signed) Jose A. de Fueitas, Notary Public. (Signed) SiDVEsTltE Siexha. Notary Public. I hereby certify that the foregoing signature-; of Seiiores José A. il.» Freitasand Silvestre Sienra, Notaries Public resident in tills City are of their own true and accustomed handwriting. In testimony whereof. I here¬ unto affix my Signature and Seal of Office at til-.' British Consulate at Montevideo this 10th day of July, 167-1. (L. S,) (Signed) Ts»u Leidi. Clerk lo II. B. M. Consulate. (Copy.) In the city of Montevideo, on the Fourteenth of July of One Thousand ;>g Eight Hundred and Seventy-four, before me, the undersigned Notary Public and witnesses appeared, Don Jaime Scarniehia of this neighbour¬ hood, of age and person of my acquaintance, to whom I give faith and said: That on the Twenty-first of February and Second of June of the current year, and in deeds drawn before me, the firm of Olave, Wells. & Co. that was concessionaire of the Maldonado Cebollati Railroad, ceded the rights which it liad acquired for the building of the said line in favour of the nppearer and of Don Russell Ralph Pealcr, that both of them have obtained from the Executive Power prorogation of the term for commencing the works, and the exponent having convened to-day in ceding and renouncing in favour only of Senor Pealer, not only the rights acquired by ilio firm Olave, Wells, & Co, according to the above men¬ tioned deeds, but also the rights to the prorogation acquired from the Supreme Government with its co-relative obligations, the appcarer by means of this Public Deed so declares it, the transferer totally separating himself from this undertaking, making this transfer or cession in favour of Scnor Pealcr, with the consent of the firm of Olave, Wells. & Co.. the representative of which, in proof of his conformity, signs also this deed. To the stability and fulfilment of what has been stated he binds himself according to law. Don Eussell Ralph Pealcr of this neighbourhood, of age, and to whom I also give faith and know being present, made himself acquainted with this deed, and accepted it in all its parts, declaring that the rights he acquires by it are for the firm of R. E. Pealer & Co., of which lie forms part. And Don Andres Wells, whom I know as being of this neighbourhood, and to whom I attest being also present, said : That in the name of the firm Olave, Wells, & Co., the representation of which he holds, he came to lend his consent to this grant, without alter¬ ing or modifying by the present anything of what lias been agreed upon by tlie already mentioned deeds, dated the Twenty-first of February and Second of June, excepting that both remain as if tliey had only been granted between the firm of Olave, Wells. & Co. and Messrs. E. E. Pealer & Co. Scnor Wells also added : That having to form part of tlie cession of rights to the said Railroad, according to the two above men¬ tioned deeds, the rights granted to the firm of Olave, Wells, & Co. by the Economic Administrative Board of Works of the Department of Maldonado of land for wharves, stations, warehouses, sheds, and other purposes, as it is proved by the Public Deed granted in the town of San Carlos on tlie Fifth of February also of the current year, and before the Notary Public. Don Gervasio Pagóla, which I have now before me, he came ill his turn to declare it so, asking the undersigned authorize!- of the present to deliver, with note of this Act, the said deed to the above mentioned Señores, R, E. Pealer A Co., so that at all times the said 57 gentlemen may be able to prove their rights towards the already men¬ tioned lands which are situated as follows : Beginning from the peg num¬ ber 0 to starting point 011 the Punta del Este, fifty metres to the east, by two hundred metres to the north, parallel to the line, and fifty metres to the west, by one hundred metres to the north parallel to the line on one part, and besides for the Administration, wharves and warehouses near the coast, between nine metres one hundred and nine metres four hundred of the line traced for this Railroad, all the land existing between the line and the coast or Port, with the right of building wharves, calculat¬ ing at one hundred metres the line which starting from the peg one to the west ends in the said coast, and in seventy metres the line which starting from the peg four to the west ends also in the coast (Plan num¬ ber one), Second. It is granted for the principal station near the town of Maldonado, for the placing of the workshops, coal-sheds engine houses, carriage sheds and sidings, a fraction of land com¬ prised (according to the New Plan) between the 3 de Febrero Street, corner of the San Carlos, and tracing a line from this to the West, up to the Sarandi Street, and from there a line to the North of One Hundred and Fifty yards more or less, being a total of live and a half squares with the obligation 011 the part of the concessionaire to leave a street at the half square, which is not municipal property and which will form the completion of the six squares (Plan No. 0 A). Third, all the waste municipal lands occupied by the line from its starting point, in con¬ formity with what is set down in Article 1st of the Contract arc also granted. I told Senor Pealer that the copy I gave him must be inscribed in the General Register of Sales, within ten days according to law. In its original they so grant it and sign, being witnesses Don Pedro Monitorio, Don Augustin Moratorio, and Don José 0. Mendoza, neighbours whom I know. This deed follows imme¬ diately after the substitution granted yesterday by Don Eduardo Zorrilla, in favour of Don Pedro Aramburu. at pages two hundred and thirty-four. Jaime Scarnicliia, R. R. Pealer, Andres Wells, P. Moratorio. A. Mora¬ torio. (Witness) José C. Mendoza. Before me, Alejandro M, Lerena, Notary Public. This was drawn before me, in faith of which and to deliver to Messrs. R. R. Pealer and Co. I grant the present which I sign and subscribe at Montevideo, date as above. (Signed) Alej. M. Lerena, Notary Public. Montevideo, July 15th 1874. I inscribed it in the General Register of Sales under No. 2,110, at page 570, overleaf of the current Book. Antonio F. Toribio, Notary Public. 58 We certify that Don Alejandro M. Lerena, by whom is authorized the present, is such Notary Public as he entitles himself, and, as evidence, we sign and subscribe the present at Montevideo Capital of the Oriental Republic of Uruguay on the Sixteenth of July of One Thousand Eight Hundred and Seventy-four. (Signed) A. de Freitas, Notary Public. ( „ ) Juan Feo. Moratorio, Notary Public. I hereby certify that the foregoing signature of José A de Freitas and Juan Feo. Moratorio, Notaries Public, resident in this City, are of their own true and accustomed handwriting. In testimony whereof I hereunto affix my signature and seal of office at the British Consulate at Montevideo this Sixteenth day of July, One Thousand Eight Ilun« dred and Seventy-four. (L.S.) Tksh. Lejim, Clerk to H. B. M. Consulate. (Copy.) Declaration.—In the City of Montevideo, on the Fifteenth July, One Thousand Eight Hundred and Seventy-four, before me the under¬ signed Notary Public, and witnesses, appeared Don Jaime Scarnichia, of this neighbourhood and commerce, of age, person whom I know, and to whom I attest and said :—That to-day he has signed the deed which the Supreme Government granted in his favour, and also of Senor Russell Ralph Pealer, prolonging the term to begin the works of the Maldonado to Cebollati Railroad. That, having made the cession to the appearer of the respective part held by him of the concession for the building of the said line, as it appears by the deed drawn before me yesterday, he now, by this public act, declares :—That though the said deed of prolongation is in his particular name, and in that of the already named Senor Pealer, it innst be understood as drawn out in the name of Senor Pealer and Messrs. R. R. Pealer and Co., as the latter Gentle¬ men are the concessionaires of the shares belonging to the appearer in virtue of the deed of transfer granted in favour of these gentlemen, and of which mention has already been made. The appearer asks me to provide Messrs. R. R. Pealer and Co. with the copies they may ask for its sub¬ sequent effects, binding himself to its stability and fulfilment according to law. In its original they so grant it, and siga, witnessing it Don Isaac Gil Don Antonio Somoza, and Don Juan B. Madoz, neighbours, to whom I give faith. This deed follows the general Power of Attorney, gianted yesterday by Messrs. Rodriguez and Martines in favour of Don Luis Pena, at pages two hundred and thirty-six, overleaf and following ones. Jaime Scarnichia. Witness—Isaac Gil-Antonio 59 Somoza. Witness—J. B. Madoz. Before me, Alej. M. Lerena, Notary Public. This was drawn before me, in faith of which, and to deliver to Messrs. R. R. Pealer and Co., I issue the present, which I sign and subscribe at Montevideo, date as above. (Signed) Alej. M. Lerena, Notary Public. We certify that Don Alejandro M. Lerena, by whom appears autho¬ rized the present, is such Notary Public as he entitles himself. And as evidence we sign and subscribe the present in the City of Montevideo, Capital of the Oriental Republic of Uruguay, on the Fifteenth of July, One Thousand Eight Hundred and Seventy-four. (Signed) Jose A. de Freitas, Notary Public. ( „ ) Silvestre Sienra, Notary Public. I hereby certify that the foregoing signatures of Señores José A de Freitas and Silvestre Sienra, Notaries Public, resident in this city, are of their own, true and accustomed handwriting, in testimony whereof I hereunto affix my signature and seal of office, at the British Consu¬ late, at Montevideo, this 16th day of July, One Thousand Eight Hun¬ dred and Seventy-four. (L. S.) Tksh. Lemm, Clerk to H. B. M. Consulate. Home and Financial Notarial Office. Year 1874. CONCESSION OF PROROGATION TO THE STEAM RAILROAD from MALDONADO TO CEBOLLATI. The Supreme Government of the PepnhUc to Señores Scarnichia and Pealer. (Copy.) In Montevideo, on the Fifteenth of July, One Thousand Eight Hun¬ dred and Seventy-four, before me, the undersigned Home and Financial Notary, the Executive Power of the Republic represented in this Act by their Excellencies Señores Doctores Don José E. Ellauri, President, and Don Saturnino Alvarez, Minister Secretary of State for the Home Department, whom I know and attest, and said—That in March of the current year Señores Russell, Ralph Pealer, and Don Jaime Scarnichia, transferees of the rights held by the firm of Olave, Wells, and Co., for CO establishing a railroad from Maldonado to Cebollati, presented them¬ selves, soliciting a new prorogation to commence the works on the line, and that the concession contract should be modified in that part that the piercing of tunnels is mentioned, and the Executive Power, in con¬ formity with the dictate of the Fiscal Ministry of the Eleventh of April, granted them the solicited modification and a prorogation of one year, to commence the works, reckoning from the said date, with the condi¬ tion that the interest guarantee granted will not extend further than on. the number of miles the line would have traversed by the shortest route, the concessionaires incurring a fine of ten thousand dollars should they not begin the works in the period fixed, the said sum would be deposited in one of the banks of this city, ordering the legal proceedings to pass to the Home and Financial Notarial Office to be drawn out. The interested parties accepted this resolve, and deposited the said sum in the London and l'iver Plate Bank, as it all appears by the legal proceedings of the reference which are herewith inserted. Petition.—Excellent Sir,—Don Bernardo Dupuy, on behalf of Señores Russell Ralph Pealer and Jaime Searnieliia, before your Ex¬ cellency in the most convenient form, say : That we, being to-day the transferees of the rights held by the firm of Olave, Wells, and Com¬ pany for a steam railroad which must start from the Punta del Este in Maldonado, continuing' up to the River Cebollati in its navigable part on the Laguna hierin, as it is credited by the Public Deeds that we accompany, one the State concession, the other the transfer to our¬ selves, we are compelled to call the attention of your Excellency solicit¬ ing you will deign accede to the petition herewith contained. The ceding firm has found itself placed in the extremity of renouncing their right in our favour, because badly managed since the be • ginning, besides not having taken with them to England the plans and preliminary surveys of the line which were indispensable for reckoning there the cost ; they could not realise the collection of the strong capital required for the execution of the works, not having the means of demonstrating before anything, the nature of the ground to be traversed. Li the second place, because in exhibiting the deed of concession it gave grounds for fearing an exorbitant cost in the works, as in it was mentioned that in those /¡laces where Tunnels had to he pierced, the number and ertent of which were unknown, and though in the Deed of Concession it was not established as obligatory, but only that there might possibly be Tunnels in certain places, this was not sufficient to dispel on this point the fears of the unknown, and your Excellency can understand that the fear of the unknown in such matters had to make all collection of capital to compromise it in such Gl works at hazard totally impossible. Besides, though in the deed Tunnels were mentioned as possible, for which places the State guarantee would be Fifteen Thousand Fournie for every mile, and on the rest of the line on ten thousand pounds sterling. That guarantee of Fifteen Thousand Founds sterling on those miles having tunnels was nearly nominal, as the said sum would not represent but the third of the cost of one mile of tunnel, so that what, at first seemed to favour and stimulate the realisation of the enterprise, came to harm it, making it up till date impossible. From the above we came to the conclusion that neither in our hands or any others will it be possible to realise this important line of railroad without eliminating all relative to tunnels, we renouncing as we do to the State guarantee to fifteen thousand pounds sterling for every mile of tunnel, but it beuvj citcyovic'dij established that we shall not be bound to pierce tunnels in the building of the line, this one fol¬ lowing the ordinary lands, and that in all its length it will only have the guarantee of the State as it was granted on £10,000 (ZW* Thousand) per mile. Without eliminating that grave difficulty, so that, free from it, the concession can be presented in the foreign monetary market it is impossible to realise the undertaking. But notwithstanding that the plans of the first six miles have been recently made (which we sepa» rately submit to your Excellency) for the consequent ends of the execu¬ tion, the term fixed for commencing the works is near expiring, and the impediment up till now existing arises evidently from the terms of the concession, besides the total absence of all the preliminary surveys and complete plans, we come to kindly solicit from your Excellency that, in attention to what has been stated, and to the renouncing made by us of the State guarantee on tunnels, under the condition before expressed of the piercing of tunnels not being obligatory, you will deign grant us a year more of prorogation to commence the works, presenting within the said period for the approval of your Excellency the surveys and plaiiä of the whole line, which will only remain with a guarantee interest of seven per cent on ten thousand pounds sterling for each mile, compris¬ ing rolling stock, locomotives, and everything as it was specified in the primitive deed. If your Excellency deigns to grant us what with such just motives we solicit, who have at the last moment acquired the transfer of rights, and demonstrated the moral impossibility which existed and will always subsist by the very terms of the concession as to the State guarantee on the places where there would be tunnels, if the modification we solicited for the contract is not made, but we can nearly assure that obtaining it we shall realise, or have the enterprise realised, in Europe, the enterprise being of immense benefit to the llepublic, as by the Port of Maidonado will be made all the import and export trade not only of a great part of the territory of the Oriental 02 Republic, but also of the Brazilian Province of Rio Grande. It is amongst the faculties of the Executive Power to grant us what we solicit, liberating the State of a part of the guarantee out of the ordi- nary, contributing by this means to a great improvement for the Re¬ public, trusting then in the illustration and equity of your Excellency. To your Excellency we beg will deign to grant us what is solicited, thus conferring on us this favour.—Berno. Dupuy.—Home Office, Montevideo, March Fourth, One Thousand Eight Hundred and Seventy-four—Let it be sent to the Fiscal.—Alvarez.—Excellent Sir,— Messrs. Scarnichia and Pealer, transferees of the concession granted by your Excellency to the firm Olave, "Wells, and Company for the building of a steam railroad from the Punta del Esto of Mal- donado up to the River Cebollati, present themselves, expressing the impossibility of carrying out the works mentioned on the bases established in the respective contract, and beg your Excellency, first, that this be modified in the part relating to the building of Tunnels, and allowing them to carry the line over ordinary lands; and, secondly, that the established period for commencing the works should be pro¬ rogued for a year. The Fiscal finis no inconvenience that what is solicited should be granted. But he considers that, to secure the reali¬ sation of the works and to avoid doubts and difficulties, your Excellency must establish the following conditions :—First, the concessionaire bind themselves to begin the railroad works within one year from the date of the Decree dictated by your Excellency on this petition, and to build at least six miles in the following six months. Second, that they bind themselves to pay a fine of ten thousand dollars in case of not fulfilling this obligation, depositing for the purpose the above-mentioned sum in a bank in this city. Third, that the guarantee of interest granted by the Legislative body will not extend but to the number of miles that the line would have traversed by the most direct route, had it been carried out in accordance with the terms established in the primitive contract. This is the opinion of the Fiscal. Your Excellency nevertheless will decide what it should deem most convenient. Montevideo, April the Fourth, of One Thousand Eight Hundred and Seventy-four. A. Vasquez-Acevedo. Honre Office, Montevideo, April the Eleventh, One Thousand Eight Hundred and Seventy.four. The prorogation solicited is granted in conformity with the preceding Fiscal opinion, and for its effects let it pass to the Home and Financial Notary, and once the deed drawn, let it be sent, together with plans referred, to the Board of Works for its report thereon. Rubric of bis Excellency the President, Alvarez. On the thirteenth of July of the same year Don II. Ralph Pealer deli¬ vered in the office the sum of ten thousand dollars, which the conces- sionaires bind themselves to pay should they not comply with the con¬ ditions imposed on them by the preceding' Fiscal opinion, which they accept in conformity with the preceding Government Decree; this sum was deposited in the London and River Plate Bank, and, in proof of its receipt, the manager, Don Francisco S. Weldon, signs it, and binds him¬ self to hold it at the disposal of the Government if those should not fulfil what has been agreed upon, of which 1 attest. F. S. Weldon, R. R. Pealer Alonso. This agrees with the original of its tenor in conveyance through the Secretary's Department, and which the authorizer has be¬ fore him in this act of which he attests, as also that his Excellency continued saying, that carrying into effect what has been agreed upon in the present deed, he assents and grants to Señores Don Russell, Ralph Pealer, and Don Jaime Scarnichia, the modifications and proro¬ gations which they have solicited, and of which merit has been made in this deed under the conditions stipulated in the annexed documents, binding to its fulfilment the property of the nation he represents in form and according to law. Señores Don Russell, Ralph Pealer, and Don Jaime Scarnichia, being present at this act and cognizant with this deed, accepted it in all its parts, binding all their property according to law. In faith of which they sign it, witnessing it Don Manuel Sierra, Don Manuel Maria Conde, and Don Francisco A. Berra, neighbours of my acquaintance, to whom I give faith. This deed follows immediately after the contract for the measurement of the farms between the Arroyos Miguelete, Pantanoso and Piedras, assented to by the Economic Admi¬ nistrative Board and the Surveyor Don Joaquin R. Travieso, dated fourteenth instant, and at pages one hundred and twenty-two and following: JoséE. Ellauri, Saturnino Alvarez, Jaime Scarnichia, R. R. Pealer. Witness, Manuel Sierra, Manuel Ma. Conde, F. A. Berra. There is a sign, Tomas de Tezanos, Home and Financial Notary. This was drawn before me. In faith of which, an I to deliver to Messrs. Scarnichia and Pealer, I grant the present in a sheet of seventh class and five pages of second, which 1 sign and subscribe at Montevideo on the date of its sanction. (Signed; Tomas de Tezanos, Home and Financial Notary. I hereby certify that the foregoing signature of Seuor Don Tomas de Tezanos, Notary Public, resident in this city, is of his own true and accustomed handwriting. In testimony whereof I hereunto affix my signature and seal of office at the British Consulate at Montevideo, this lGth day of July, 1874. (L.S.) Tksii. Lemm, Clerk to 1I.B.M. Consulate, for H.B.M. Consul. 61 E A I L E O A ü FROM PUNTA DEL ESTE. IX MALDONADO, TO THE RIVER CEBOLLATI, TO ITS MOUTH ON THE LAGUNA ME!!IN. Report of JJocto'r Don Jose Pedro ltnmirc: on the above concession. (Copy.) Messrs. Olave, Wells, & Co. years ago (¡11 1868) proposed to the Executive Power the building of two important railroads, one from Montevideo to Higueritas, passing by Santa Lucia, San José, Colonia, and other places; and the other from Punta del Este, in Maldonado, to the River Cebollati, on the Laguna Merin. The Executive Power for¬ warded the proposal to the Legislative Body as the guarantee of the State, and other privileges and favours were asked which the Legislative Body can only grant. The Legislative Body sanctioned a law in that same year authorizing the Executive Power to contract with Messrs. Olave, Wells, & Co. for the building of those lines on the bases proposed by these gentlemen, with some modifications. I have not at this moment before me either the sanction of the Cham> bers or the proposal of Messrs. Olave, Wells, & Co., but I can estab¬ lish the fundamental bases. They consisted in a State guarantee of 7 per cent, on .1 cost calcu¬ lated at £10,000 per English mile. In the line from Maldonado to Laguna Merin it was also stipulated that should tunnels have to be pierced the guarantee would be 011 a calculated cost of fifteen thousand pounds per mile, in the miles where tunnels would have to be made. Olave, AVells, A Co. made observations on the modifications introduced by the Legislative Body, but as they were not taken in consideration by this Body they presented themselves before the Executive Power pro¬ posing to complete the respective contracts for both lines, viz. : the line from Iligueritas to Montevideo, and the line from Maldonado to the River Cebollati or Laguna Murin, But the contract for the Iligueritas line could not be completed as the Executive Power had recognized the cession of rights made by the Board of Directors of the Central Uruguay Railroad to Appleby, Harmony, & Co., and by these to Waring Brothers, for the building of a branch from Santa Lucia to Higueritas, passing by San José, Rosario, and Colonia, G 5 under the same conditions as the main line, the Central Uruguay being duly authorized by its articles of concession to make such grants. As the State could not guarantee two lines at the same time, which would make a disastrous competition to each other, terminantly refused to celebrate the contract. Messrs. Olave, Wells, & Co., after vainly impugning the legitimacy of the cession made to Waring Brothers, conformed themselves to renounce to the contract referring to the Higueritas lines, establishing neverthe¬ less with the cousent of the Government, that should the concession made to Waring Brothers become by any motive void, they would- have the preference for the building of the line, and limited themselves to sign the respective contract for the building of the line from Maldonado to Cebollati or Laguna Merin. Afterwards Messrs. Olave, Wells, & Co. have insisted on annulling the concession made to Waring Brothers, already transferred to an anonymous Society domiciled in London, and they continue with a law suit on the subject; but the thing is as absurd as the pretension of Senor Vaillant in reference to the Pando line. Having been, and being the legal adviser of Messrs. Waring Brothers, I am perfectly acquainted with all these antecedents. Olave, Wells, and Co., abandoned their pretensions before the Exe¬ cutive Power with regard to the Higueritas line, but as the same difficulties did not crop up in the Maldonado to Cebollati or Laguna Merin line as in the Higueritas, the Executive Power signed the contract ot concession of this line, the date of which, as also the other detailed circumstances, I do not mention, as Mr. Pealer has all the respective legal documents. Messrs. Olave, Wells, and Co., allowed the terms to run on in which they had to present the plans and surveys of the line to be built, and the terms being nearly due, they presented themselves, proposing to transfer their concessions to R. 11. Pealer and J. Scarnichia, and asking for new prorogation in consideration of certain renouncements and modifications which they proposed. I forego from these modifications and renouncements, as also from the wording of their petition to Government, as I suppose it had no other object but to incline the Government in favour of granting the new concession of prorogation, and as it has been granted, loses all im¬ portance. The fact is that the prorogation has been granted, and that the concession lately transferred by Pealer and Scuruicliia to R. Ii. Pealer and Co. has remained in force under the following fundamental conditions authorized by law :— 1st. The line will start from Punta del Este, iu Maldonado, and will end in the River Cebollati, on its navigable part in Laguna Merin. m; 2nd. The plans and surveys of the line must be presented to Govern¬ ment for approval within twelve months from the date of the Decree of Prorogation of 11th April of the current year, and within the following' six months six English miles of road must be completed. 3rd. The State guarantees 7 per cent, interest on the cost of the line, the sum of £10,000 per English mile being fixed for the effects of the guarantee. (These conditions in their bases and details are exactly the same as those of the concession of the Central Urug'uay Railroad already built by Messrs. Waring Brothers, and of the branch to Iligueritas now being' built by the same gentlemen). -1th. The State does not guarantee a greater number of miles than that which the iiailroad would run in the most direct route. 5th, As guarantee for the due fulfilment of the contract a deposit of Ten Thousand dollars national money in gold has been required, and this deposit has already been made at the London and River Plate Bank by Messrs. R. R. 1'caler and Co. Therefore Ii, R. Pealer and Co. are concessionaires for the bnildino- O of a line of Railroad of one hundred and sixty-live miles, with the State guarantee of 7 per cent, on a cost of Ten Thousand Pounds per English mile. It can be assured that this will be the last line built with the same guarantee. In future the State will only guarantee an interest of six per cent, on a cost ranging between seven to eight thousand pounds sterling per English mile, according to the nature of the country crossed by the line. My participation in the labours cf the Legislative Body qualify me to make the former statement. There exist before the Legislative Body several serious proposals, offering considerable guarantees for the building of several lines of Railroad, based on the State guarantee of six per cent, on a cost of from £7 to £8,000 per mile. This is so true that Messrs. Waring, who dc-.sired to make a branch on the Higueritas line up to the town oí' Mercedes, under the same con¬ ditions as the line to Iligueritas, viz., with 7 per cent, interest on a cost of £10,000 per mile. By my advice have given up the idea of presenting themselves to the Legislative Body, soliciting the concession on these conditions. As to the importance of the line to be built between Maldonado and the Laguna Merin, I shall consign a few antecedents. The Government has just submitted to the Legislative Body a project of the Railroad lines, which with preference ought to be built, and which with preference the istate ought to guarantee, and amongst them is the line called the Eastern Line. It will unite the Capital with the towns of Pando, Minas, and Maldonado, 8an Carlos, Rocha, (37 and the Laguna Merin. This project has been drawn up by a Committee of Engineers, inspectioned by the Board of Works, and approved by the Government. Messrs. Pealer and Co. are at present building the line to Pando, and are concessionaires of the line from Maldonado to Laguna Merin, there scarcely remaining to complete the line between Pandó and Maldonado, a distance of seventy odd miles. It can be easily understood that the concession of this short distance cannot be granted to another Company but to that of Messrs. ß. E. Pealer and Co. The great importance and future of this line consists in Maldonado having the best natural port of the Republic, and once the Eailroad is built to the Laguna Merin, all the commerce of the rich and important Province of Eio Grande (Empire of Brazil) will be carried on through the Port of Maldonado and by the Laguna Merin Railroad, so saving the great obstacle of the Eio Grande bar, which frequently compels the ocean-going ships to remain outside of it for ten, twenty and thirty days, besides the real dangers which the said bar offers in crossing. This is all I have to report upon the concession from Montevideo to Pando, and from Maldonado to tile Laguna Merin. Jose P. Ramirez. I hereby certify that the Barrister Don José Pedro Ramirez, a person whom I know, assured me that the foregoing signature is of his hand¬ writing, and the same used by him in all his acts. And at the request of interested parties, I sign the present, in the City of Montevideo, Capital of the Oriental Republic of Uruguay, on the Twenty-third day of the month of July, of the year One Thousand Eight Hundred and Seventy-four. (Signed) Miguel Fureiol, Notary Public. I hereby certify that the foregoing signature of Senor Miguel, Furriol, Notary Public, resident in this City, is of his own true atid accustomed handwriting. In testimony whereof I hereunto affix my signature and seal of office, at the British Consulate at Montevideo, this 23rd day of July, 1874. (L.S.) J. St. Joiin Munro, II.B.M. Consul. printed at the ■•> anglo -american times" press, 157, strand.