Edward H. Miller Jr. Exhibits for Deposition

This agreement to be subject to Section 212 of the Bye-Laws of said Company.

In testimony whereof the said Charles Crocker has hereunto set his hand and seal, and the said Central Pacific Rail Road Company of California have caused their corporate seal to be hereto affixed and the same to be signed by their President and Secretary the day and year aforesaid.

C. Crocker +Co. (seal)

Leland Stanford President C. P. R R of Cal.

James Bailey Secretary C. P. R R Co of Cal.

[encircled](Seal of the Central Pacific Railroad Company of California)

[in box] (Seven five = cent Int. Rev. stamps cancd C. C. Dec. 27, 1862.)

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This contract is hereby modified by the con= tracting parties as follows. To wit That portion of the said contract relative to the mode and manner of the payment of the same so far as regards the payment of fifty thousand dollars in stock shall be modified as follows. The said fifty thousand dollars in stock or so much of it as may be earned under said contract shall be allowed C. Crocker in payment of his subscrip= tion of stock on the books of the Company.

This agreement is made on the part of the R. R. Co by virtue of a resolution adopted by the Board of Directors at a meeting thereof held on the 21st day of July 1863. Attest James Bailey Leland Stanford Seccy C. P. R. R. Co. President of C. P. R. R. Co. C. Crocker & Co. [in box] [4 10=cent Int. Rev. stamps, one canceled C.C. July 1st 1863.

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General Specifications[centered] of the[centered] Manner of Constructing the Central Pacific Rail Road of California.

Clearing and Grubbing.[centered]

From the space required for the excavation of the Rail= road, and for foundations of culverts and other appurtenances for said railroad, all trees, bushes and roots shall be cut and grubbed up, and together with logs, brush and wood of every description, shall be removed from the ground, and so disposed of as to do no unnecessary damage to the adjoining lands, as may be directed by the Engineer in Chief of the said Central Pacific Railroad Company, or his authorized Assistants. It is understood, however, that roots are not to be grubbed for the foundations of embankments where the natural surface of the ground is more that two feet below the grade level, and of such solidity as not to require excavation for foundations. In such cases the trees are to be cut close to the ground and removed as above specified. All trees on each side of the road, outside of the line of excava= tion and embankment, that may be likely to fall across the road if blown down, or fall from decay or other causes, shall also be chopped close to the surface and removed when instructions are given to that effect by the Engineer in charge. The clearing and grubbing

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shall be kept at least 200 feet in advance of the grading. A price must be specified per mill for clearing and grubb= ing, which will be paid for such work whenever the same may occur on the line of Railroad.

Excavation.[centered]

When diected by the aforesaid Engineer, all vegetable or perishable matter shall be excavated from a space of such width as may be required under the embankment, and removed into the outside of the bank, or, if directed, beyond the limits of the bank. This work shall always be at least 100 feet in advance of the embankment. It is, however, understood that no excavation will be required below the level of low water in any of the main rivers that may be crossed by the line. Excavations for the foundations of culverts and other structures — for side-drainage — for channels to conduct the water of streams — or land floods to of from culverts — or to change the course of streams — and for the approach of roads that may "pass"[crossed out] cross or pass alongside of said Railroad — and for sidings, branches, depot grounds, water stations, and all other excavations that may be incident to or connected with the construction of said Railroad, "and for sidings"[crossed out] shall be performed in all respects as may be directed by the said Engineer, and for the prices specified in the contract.

Earth excavation included the prism of the railroad

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shall be excavated to the grade line to the width of twenty feet for a single track, or such other width as may be required by said Engineer.

Said ditches in excavations are to be made four feet wide on the grade line, and one foot and a half deep, or such other dimensions as the Engineer may deem advisable, and be so sloped as to carry off the water.

Top drains, when requited are also to be excavated of such width and depth and in such localities as the Engineer may designate, to so slope as to carry off the water and answer all purposes of surface drainage.

Slopes of earth excavations shall be generally one and a half feet horizontal to one foot vertical — subject however, to such variations as may be di= rected by the Engineer. Where the natural soil or earth immediately below the grade is not suitable for a road bed, it shall be excavated to a depth of one foot below the grade line.

All materials excavated from the cuttings, so far as may be required, shall be deposited in embank= ment as may be directed by the Engineer, without reference to sections. All stone found in the exca= vations suitable for masonry purposes, slope wall or foundations, shall, if required by the Engineer, be deposited in such places as he may signify; such place or places to be easy of access.

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