1/4/1838 · LEASE · book 6 page 405 doc 10040

405 At A Meeting of the Stockholders of the New York, Providence and Boston Rail Road Company called to meet at Providence this 21st day of December 1807 the follow ing State was passed. Resolved That Caleb Colburn Esquire President of this Corporation to and be hereby Constituted and Appointed the Special Agent of this Corporation to full Power Cause and Authority for and in behalf of this Corporation to acknowledge and deal, to buy then sell, for further Management and Operation of the Station in the State of New York and to Constitute the said Guy donor in trust by the Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and Appointment of the Corporation following that I, Samuel Guy desired with the Agreement and

406 Thousand Dollars, and Whereas it has also been Agreed that the said Loan and the Bonds of said to the Thompson family should be renewed into a Mortgage to trustees for the holders of the said Bonds, of the whole of the said Road and of the line of the said Road laid out for passing the upon and of all the Tolls, right of taking Toll and other benefits and advantages and the use of the Road leading thereto, or thereby arriving as be deemed. Now therefore their Indenture Witnesseth that in order to secure the payment and performance of the said Bonds renewed into the Mortgage and in Consideration of the said Loan and the agreement of the parties aforesaid to the said Bonds signed Sealed and delivered unto the portion of the second part the survivor and successors of them their heirs or assigns for all the time with the site of the said Rail Road from Providence, aforesaid to Pawtucket aforesaid (in the saying Reservation) in width of one hundred and six feet and in a Course of straight line and Connection together with the Land, Engines and Machinery etc. attached in operating, and also all rights of taking Tolls for the passage thereby through and the sole possession of persons and things and all other things of any nature the said Rail Road for transportation and of deriving profits from the Enhancements thereby with all any and singular the Conveniencies to the said granted Premises belong or in any wise appertaining. To Hold and to have the said Lands and for the line of a Rail Road in the said Tolls and the right of Toll and other privileges advantages profits and lib- erties unto the said party of the Second part their heirs and assigns forever for their tenure and to have in common to and for themselves and as lawful heirs to hold for the purposes and for the term hereinbefore described stated to stay First in the event that the party of the first part shall make default in paying of the Interest of the said Bonds, or any of them or of any part thereof the right of shall be lawful for the party of the second part their survivor and successors of them their heirs and assigns to enter upon and enter into actual Possession of all or part of their premises and to take all the Tolls which shall be payable’s etc. or as may be Necessary to dispose of the Road for transportation or from transportation or to take all the other profits of the Rail Road and it shall be to their benefit to do or demand the holding of any such Bond and apply to the same parts or disposing the said Road and to appertains in good order so as to perform all ob- ligations of the Charter Expressed or implied and thereby the party of the first part in a manner until the same shall be satisfied Second if the Interest in some shall not be their satisfied within one Month after taking such profi- or if default be made in performance any other of the stipulations of the said Bonds or any of the stipulations of their Instruments then the party of the Second part or demand of the holders of any such Bond Grant Bargain still do may and demand of the holders of any such Bond Grant Bargain still the saidly Mortgage Premises or any part thereof from time to time or and query Either to pull and publish foreclosed or vendita shall be the shall be sufficient to pay and satisfy the said Bonds the surplus which shall be applied to the payment of the said Bonds Equally and residue and amounts until the full amounts of beneficial Interest shall be paid It being also understood that all the expenses shall in all cases be paid by the debtor and Counting the trust of these Bonds shall in all cases be paid by the debtor and months to be refunded. And furthermore that the party of the first part shall them their successors and assigns hereby agree and covenant that the said Road and the said Bonds that the mor- part as trustees for the persons the bonds shall be or shall be in force until after paid upon the said loan and said bonds shall be in force until after to make payments for work Labor and Materials etc which he require made for the immediate Completion of the said Rail Road and the survey for the transportation of persons and things on the same survey for the transportation of persons and things on the same And furthermore that the party of the first part will cause the Tolls be established and continued at such rates as by Law are established and some part the survivor or successors of them their heirs or assigns for require during all the time the latter party may be in the subject of (Told.

437 Title or profits of the Road and during all such term as found on the grant shall continue in use of any sole whom upon any such default of payment of any Sum or assignment without performance of the cond tions herein reserved to the said Grantor the said Grant shall be null and void and forfeited as aforesaid for which time the Grantor or his heirs shall have full power to reenter and recover the said Land and Premises to the end that the said land and references hereon’s’ly shall be returned to the Master’s of the Land whereas the parties to these presents have made theirs’s’ly Binding themselves the parties of the first part during the currency of the indenture the successor to the said President that he may sign and seal the said indenture as being according to the resolution of the Stock holders passed at a meeting held the 11th day of July 1808 (and) the parties of the second part pledging and taking the said President to be sole and safely of their hands and seals the day and year first above written. Signed and delivered in the presence of John S. Emery (L.S.) Aaron Clark John S. Palmer Jos. Fenon S. F. Denison W. J. Emery Nathan N. Denison M. M. Moore (L.S.) State of New York City and County of New York to wit: I now certify that on this Monday the 6th day of June one Thousand eight hundred and ten before me personally appeared John S. Emery of the City and County of the same home is situated the foregoing Indenture of Mortgage of land and home with bounds lying therein as shewed therein the said he resided at no 45 West Street in the City of New York born in the said City the resident in the County of New York born in Providence and Boston The New England Company and the said Sole affixed to the aforesaid signing to the denture in the confirm Seal of the said Corporation and were officers to the there authorized In Testimony whereof I have hereunto subscribed my name and caused the Seal of the City of New York to be hereunto affixed sealing and year above written. (L.S.) Aaron Clark Mayor State of Rhode Island (L.S.) In the City of Providence on this Twenty third day County of Providence (L.S.) of December 1807 the Noble & Dignified and Boston Real Estate Company called before the President and Agent for this purpose duly authorized and who formally came before the Subscriber for this purpose duly authorized and who formally came before the Subscriber acknowledged the foregoing Deed executed by and Company to be the free and voluntary act and Deed of said Company. Thomas White Justice of the Peace State of Connecticut New Haven County to wit: Stonington December 21 1807 the North by Providence and Boston Real Estate Company by Caleb T. Palmer Esq this Indenture and Agent for this purpose duly authorized and who former came before the Subscriber acknowledged the foregoing Deed executed by said Company to be the free and voluntary act and Deed of said Company. before me Eliza Saxon f.m. Justice of Peace. Read January 4th 1808. by Samuel Stanton Town Clerk.