5/23/1838 · LEASE · book 6 page 425 doc 10067

425 This Indenture made this tenth day of April One Thousand Eight Hun dred and thirty eight between the New York, Providence & Boston Rail Road Company, a Company legally incorporated of the first part, and Joseph Case per tenement and William B. Dixon Esqr of the City of Philadelphia and State of Pennsylvania of the other part Witnesseth that whereas the party of the first part desiring for the purpose of securing the liabilities against the said Rail Road Company & of contracting loans upon said Road Token on her loan draws sums of money, and have agreed to issue on the Bonds of the Company therefore in such sums as might be acceptable, payable twelve months from the first day of March, 1838, with Interest from the 3rd joint day of March at the rate of six per Cent per Annum, and whereas it has been agreed that the said loans and the Bonds aforesaid to be Thompson issued shall be secured by a Mortgage to trustees for the benefit of the hol ders of said Bonds of all the lots belonging to said Rail Road Company situate in the States of Connecticut and Rhode Island or elsewhere, that is to say, all and singular the lands tenements Goods and Chattels right and Privileges of the void Corporation subject however in all respects to the uses of the Rail Road, and in order to secure the payment of the Bonds Token and to be issued, and in Consideration of the said loans upon the void agen ments of security, and for the further Consideration of one Dollar to the party of the first part paid by the party of the second part the receipt whereof is hereby acknowledged, the said party of the first part have Granted Bargained sold and Conveyed by their indenture to Grant Benjamin Bell and Conveye to the party of the second part as trustees of the owners of them several Tenants and tenants in Common, in Tenancy or for several and all the properties as for said belonging to said Company to for their use welfare and benefit forever both for the purposes and upon the terms herein before described provided that with the caveat that the party of the first part shall make full payment of the bonds issued or any part of them that shall become due for the paying second part or the survivors of them their heirs and assigns to enter into and take possession of all the granted Premises take the title & profit of said land & shall to extinguish the Quiet of redemption in void estate to whatever extent of such Deed and which several Estate on whatever it will not disturb or alter the use of said Road or to disable the trust peace of void sums of holders of said Bonds according to their respective amounts of each Value to the trustee party of the second part in payment of said Bonds in the manner subject to the prior Mortgage aforesaid. The Bonds aforesaid are described with the following Deeds, to which deeds reference is hereby mad for a more particularized description commencing with Deeds in Spring ton Conn. Conveyed at to G. Case, Conv. y to J. S. Case by the following dates (for the benefit of the Company) namely by William Loden date April 18 1835 recorded April 20, 1835 by Nathaniel B. Duke & Tome Bake dated May 1835 recorded May 1835 by Dr. J. G. Case & h. Case date June 3 1835. Dr. Amos Denison dated July 8, 1835. By George E. Palmer dated July 9, 1835 recorded July 9, 1835. By Calvin Palmer, George Sherman Isaac Sherman, Charles W. Denison and Henry Denison dated July 15, 1835 recorded August 5, 1835. By Daniel Wale dated November 16, 1834 recorded December 3, 1835. By Gordon Town Bull dated Sept 28, 1835 recorded. O.T.S.

426 Oct. 5th 1805. By William W. Rodman dated Sept. 28 1805. By Jade Drummond dated Sept. 28 1805 recorded Oct. 5 1805. By William [illegible] dated April 16th 1836 recorded April 23 1836. By E. Ephraim Williams dated September 28 1805 recorded May 24 1836. By Olash. Davis dated Oct. 26 1836 recorded May 24 1836. By Samuel R. Dixon & Ephraim [illegible] dated Dec. 14 1836 recorded December 31 1836. By David S. Kent dated Oct. ober 9 1836 recorded 3rd Feb. 8 1837. By David S. Kent dated Feb. 8 1837 & S. Davis dated March 18 1837 recorded April 19 1837. By William [illegible] to the [illegible] 26 1/2 B. of the R. & P. Road Company dated February 17 1838 recorded March 16 1838. Two Deeds by Samuel R. Dixon dated from recorded March 16 1838. Two Deeds recorded Oct. 10 1838. By John O. Williams 29th & Month Nov. W. H. Williams dated October 28 1837 recorded October 28 1837. By Joshua Robinson dated January 27 1834 recorded Dec. 23 1837. By William Williams dated October 29 1833. Dec. 23 1837. A June Mason dated Nov. 11 1833 recorded Dec. 23 1837. By George & Meacham dated Nov. 22 1838 recorded April 2 1839. Meaning and intending hereby to release and quit claim on the whole Estate with all the the Lots about it west Stonehouse to which the said Company have any Right Title or Interest at law or in Equity including the furthermore the whole Estate also the wharf and Depot then Established with all the Priv leges and appurtenances to the same belonging also all the Lands belonging to said Company situate in the Town of [illegible] and State of Rhode Island Company situate in the Town of [illegible] and State of Rhode Consisting of one lot purchased by John S. Coggs of Samuel Vose dated dated December 29 1836 and by the said Coggs conveyed to said Company dated December 4 1837 and conveyed in May 6 1837’s and then conveyed to said dated May 4 1837 and conveyed in May 6 1837’s and then conveyed to the said Land of Stephen Smith Contract by Rail Road & Railway also the if Notter P. Dixon purchased of the Company by lease of Samuel Vose Samuel Vose and of Daniel Hammond and warranty by Parvachia with Containing the about four perches being all the land purchased of said recorded dated March 3 1838 Excepting the said lot with Notice to P. [illegible] as per the Deed dated March 3 1838 Excepting the said lot also the Buildings and all the appurtenances recorded 1838 including all the Buildings and all the appurtenances thereof at the Depot established on the above aforementioned also a lot situate in noted conveyed to said Company by Willy Tufts dated February 11 1838 recorded Oct. 5 1838 also a lot of the [illegible] situate on the Phosphorus in the County of Washington & state of Rhode Island land together with a dwelling house Conveyed to said Company by deed from James Cumberland and Catherine conveyed to said Company by deed of sale of some situate in north [illegible] dated June 1 1836 also all the land situate in north [illegible] said County of Washington’s purchase of Olney Vose with the buildings said Company by said Company however by the name of the Kingston Depot with the privileges and appurtenances also all the lot of land situate in North [illegible] Company conveyed to said Company by deed from James Coggs of North town in said County dated March 11 1836 also a Certain the North part of the land of Kingston in said Kingston together with the Buildings thereon Conveyed to in said North Kingston together with the Buildings thereon Conveyed to Rail Road Company by deed from Smith by deed dated March 11 1836 rec for record March 11 1836 Also the land of said Company situate in East [illegible] which in the County of Kent conveyed to them by Abel Chandler by deed dated June 20 1836 record July 9 1836 by Samuel Will dated April 13 1836 recorded for record May 6 1836 Also the lands of said Company th[illegible] J. Marwich conveyed by the Deeds hereinafter mentioned and described as follows by Spencer Hall dated June 20 1836 recorded July 13 1836 John Corder and Joseph Baker dated September 16 1836 record [illegible] This

22. 1836. By Joseph Moore dated February 28, 1837 recorded march 9, 1837. By Charles Millard and Augustus G. Millard dated June 20, 1836 recorded July 12, 1836. By Stephen Sweet dated February 18, 1836 recorded January 11, 1836. By Baptist Bradley dated June 23, 1836 recorded July 22, 1836. By James Campbells dated July 15, 1836 recorded November 23, 1836. By Asa G. Newcomb & [illegible] dated February 15, 1836 recorded February 15, 1837. By Christopher B. [illegible] dated February 4, 1837 recorded February 8, 1837. By Joseph R. Babcock dated February 3, 1836 recorded March 3, 1836. either said Company witness that the Deed from the Governor and Company of the County of Providence conveying the said Farm with the Deed from the Corporation of the Town of Cranston and Henry Green dated April 25, 1836 recorded April 26, 1836. By Wm. H. Bailey & Bethany Williams dated February 17, 1836 recorded February 19, 1836. By Wm. Young dated February 15, 1836 recorded February 19, 1836. By Thomas Hild dated February 18, 1836 and recorded February 22, 1836. By Daniel S. Remington dated April 25, 1836 recorded April 26, 1836. By James Tuttle dated October 31, 1836 recorded December 29, 1836. By Benjamin Sherwood and Rhoda S. Sherwood dated April 26, 1836 recorded April 29, 1836. By John W. Richmond dated February 29, 1836 recorded march 3, 1836. (the same) By Wm. H. Bailey dated April 26, 1836 recorded April 27, 1836. By John W. Richmond dated August 18, 1836 recorded September 28, 1836. By William Sutton dated August 29, 1836 recorded September 28, 1836. By Jude Foster and Nancy Tuttle dated April 26, 1836 recorded April 29, 1836. By Foster & Spencer (their trustees) dated April 27, 1836 recorded February 10, 1837. By Co- Agencies [illegible] for the Company dated August 26, 1836 recorded October 6, 1836. By Eugen Burgess dated August 26, 1836 recorded November 8, 1836. [illegible] all the lands belonging to said Company situated in the Town of Providence conveying said land to the Company by Deed from parts of S. Gray dated July 4, 1837 & recorded May 8, 1837. & namely and intended by the present indenture to convey all the said Estate belonging to the said New Wood Woodmine and Boston Nail and Company and others about their Plot in Providence with all the buildings pro- and with other things and appurtenances thereto with all the buildings pro- the Pavilion Estate of their house and buildings of every description in the Town of Cranston. And the said party of the first part further for the consideration aforesaid does by these presents Grant Bargain Sell and convey unto the said party of the second part their heirs and Assigns forever all the said Plot of land or the said Nail Road and aforesaid as a farm prolonged from Stonington in Connecticut to Providence in Rhode Island together with the Co. Engines and Machinery thereto attached or appertaining & also all right of taking tolls for traveling thereon and for the transportation of persons things and everything using said Road for transportation the inhabitants to the said granted Premises belonging or in any wise appertaining, subject however to a prior Mortgage of five thousand thousand Dollars; and one other Mortgage upon the land in Stonington brought of 1816. 1817. 9790 Dollars, both Mortgages for the Capital Security of Bonds issued by said Company the former bearing date July 15, 1833; the latter April 10, 1838. To Have and to Hold the same together with all the privileges and appurtenances thereto to the said John [illegible] and William D. Dove Engines as Tenants aforesaid their heirs and Assigns forever or the survivor of them as Tenant Tenants. This Deed is executed on be- half of that whenever the party of the first part having conformably to the act of Stock holders meeting of said Company held on the 8 day of march

498 March 18 1838. Taken up on a Loan on Bond to be Secured by Mortgage, said Companies property to the amount of Eight Hundred Thousand Dollars. That is to say of $ 81617. 75 on the Mortgage executed on the 5th Inst to secure Bond to that amount, and the remaining sum of $ 87[illegible] who in Bonds secured to be the amount, and further amounting up to the $ 80,000, is intended to be Secured by the Mortgage. And whereas Bonds to the amount of $ 89,833. 59 signed by the Treasurers of both of said Company having even date herewith and Carrying an int of 6 per Cent per annum Payable quarterly at the office of said Company in the City of New York for twelve months from the first day of March 1838, and to be Secured to that amount. Now therefore the party of the first part hereby will and truly promise to pay to the party of the second part aforesaid according with tenor thereof that their Debt to be dutifully paid off, whereas to remain in full force and virtue and in case of the Default of any of the party of the second part (first written as aforesaid) for the benefit of said Bond holders take possession of said Estate & Property Estimating the Equity of remaining the party of the first part sell the Property & pay over the proceeds proportionately to the said Bond holders according to the trust Bond contained herein, and it is understood and agreed by all par ties, that in case there is any time before or after said Bonds become due, any tenths of venting value Eight dollars forty seven cents for their advantage, that the party said Company and by and with the advice & Consent of the Trustees of said Company the same for Each & Every deposit the proceeds their of in Treasury of said Company in the City of New York to be apportioned and just as well as the several Bond holders voluntarily to the amount of the said Bonds forwarded & proceeds amount in all to ten Thousand Dollars, and said Sales so made of any of the property aforesaid and a Deed thus given by the Secondant and approved by said Trustees aforesaid and a Deed thus given by the Secondant and approved by said Trustees shall be good to all intents and purposes forever against this Mortgage. The amount of said Sales shall be extended on the Bonds aforesaid whenever said Sales amount to ten Thousand Dollars, and all other terms of this Mortgage shall Stand in full force and virtue holding the Bonds for the secondant Company shall be Void. In Witness whereof the party of the first part hereunto the Company and Seal the Corporation and the party of the second part executing the Document above Signed and Seal the same on the day and year aforesaid at the City of New York Signed Sealed and Delivered in presence Witness to signature of J. Comperthewait J. W. D. Lewis Thos J. Taylor Samuel J. Taylor Witness to the signature of Challand & Butler of Providence & Logan C. B. Dixon Nathan H. Dixon Recorded May 23 1838 by Samuel Stanton Clerk (L.S.) The New York, Providence & Butler Rail Road Company the Consultant Butler Providence & Logan J. Comperthewait W. D. Lewis (L.S.) Washington Co. (State of Rhode Island &) (ss) Witnessed April 25 1838 The New York, Providence & Butler Rail Road Company the Consultant Butler on their Providence & Logan their person duly authorized as their President Agent for that person duly authorized as their President before me the underwritten and acknowledged to be the just instrument under Seal executed by said Company which the free act and Deed of said Company Nathan H. Dixon Jr Justice of the Peace