Edward H. Miller Jr. Exhibits for Deposition

and assigns for the said work and materials at the rates and prices hereto annexed, in monthly payments according to the monthly estimates of the Chief Engineer of said Company or his assistant eighty five percent thereof in United States Gold Coin and the remaining fifteen per cent thereof in the capital stock of said Company at the par value thereof, and it is further agreed that the chief Engineer of said Company or his assistant shall imme= diately after the signing of this contract make an approximate estimate of the total cost of the said work and materials agreed to be performed and furnished by said party of the first part at the rates and prices herein specified and also estimate and report there= from the probable amount of said Capital Stock to which said party of the first part shall be entitled under this contract, and thereupon said party of the first part shall be and be is hereby authorized to subscribe upon the stock books of the said company in his own name the amount of Capital Stock thus reported and shall be entitled to hold and retain such Capital Stock thus subscribed, exercising all the rights and privileges of other stock holders to the amount of said stock, but without any liability to

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pay any assessment thereon except as herein provided, and the said party of the first part shall be entitled upon demand to Certificates of said Stock expressing therein that the same are full paid and unassessable, as he may be entitled thereto under said monthly estimates of work done and materials furn= ished but not before, or he may at his election have the amount of any one or more of said fifteen percent of said monthly estimates which are payable in Stock as aforesaid, applied as a general credit or payment on the whole of said Shares thus subscribed by him, and it is further agreed that the said party of the second part shall have the right and privilege of paying to the said party of the first part, United States Gold Coin in the place of the whole or any part at his election of the said Capital Stock at the rate and price herein agreed upon that is One Dollar of Gold Coin for each dollar of such Capital Stock.

21. In consideration of the full and faith= ful performance by the party of the first part of the several stipulations herein contained, the aforesaid party of the second part hereby agree to pay said party of the first part, for the work herein specified, at the rates and

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prices annexed hereto, upon the monthly and final estimates certified to by the said Engineer, or his authorized Assistant, it being understood that the party of the second part will return twenty five per cent of said monthly estimates in their own hands until the contract is fully completed, as security for the faithful performance of the same by the party of the first part.

The annexed schedule of prices is hereby agreed upon by the parties hereto for the kinds of work or materials specified, to wit:

1 — For Cleaning and Grubbing, per section 150.

2 — For Earth Excavations, including haul as per profile, per cubic yard .32

3 — For Cement, including haul, per cubic yard .65

4 — For Semi-Hard Rock and Indurated Material, per cubic yard 1.50

5 — For Solid Rock, per cubic yard 2.

6 — For Rip-Rap Protection Wall, per cubic yard 1.50

7 — For Increase or Decrease of Average Haul per 100 feet, per cubic yard .01

8 — For Hammer-Dressed Masonry (dry) 35. per cubic yard, Class 1

9 — For Rubble Bridge Masonry (dry) per cubic yard, Class 2 20.

10 — For Concrete Masonry in Cement, per cubic yard, Class 3 15.

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11 — For Culvert Masonry and Foundation for Trestle Work (dry) per cubic yard, Class 4 15.

12 — For Slope or Retaining Wall, including paving for foundations of structures (dry) per cubic yard, Class 5 8.

13 — For Brick Work in Cement, per thousand, Class 6 27.

14 — For Blind or French Drains (dry) per cubic yard, Class 7 2.50

15 — For Cement mortar, per cubic yard 7.

16 — For Lime Mortar, per cubic yard 4.50

17 — For Timber in Truss Bridges of spans from 149 to 201 feet, per M feet, B. M.

18 — For Timber in Truss Bridges of spans from 99 to 151 feet, per M feet, B. M.

19 — For Timber in Truss Bridges of spans from 49 to 101 feet, per M feet, B. M.

20 — For Timber in Truss Bridges of spans from 14 to 51 feet, including all Farm and Road Bridges, per M feet, B. M. 60

21 — For Timber in Stringer Bridges, Trestling and Timber Piers, per M feet, B. M. 60.

22 — For Timber and Plank in Foundations, per M feet, B. M. 45.

23 — For Timber in Piling, per M feet, B. M.

24 — For Driving the same, per linear foot under surface, per linear foot

25 — For Wrought Iron in all structures per pound .12

26 — For Cast Iron in all structures per pound .7

27 — For Spikes and Nails in all structures per pound .7

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In witness whereof the said parties of the first and second part have herein to set their hands and seals this Twenty seventh day of September 1863.

(Left side in box) Two Five=cent Int. Rev. Stamps Cancd. C. C. & Co. Sept. 19 /63.

Leland Stanford (seal) President C. P. R. R. Co. James Bailey (seal) Secretary of the C. P. R. R. Co. C. Crocker & Co. (seal)

[Endorsed:] 1863 Charles Crocker Sections 30 & 31

General Contract for construction[centered] Central Pacific Railroad Company of California[centered]

Exhibit "E" — Bates Contract — withdrawn.

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