The instrument's own words
page 1
142
This Indenture made this thirteenth day of march in the
year one thousand eight hundred and eighty four between "Welcome
The New York Providence and New Haven Rail Road Company" a Corporation
chartered by act of the legislature of the State of Connecticut and
Rhode Island the state of the present and between Peter Austin Manager and Mike
low a citizen of the City of New York limited for the purpose herein above
mentioned the parties first part:
Witnesseth that pursuant to the meeting of the Board of directors of the said corporation held
this at the city of Providence in the state of Rhode Island on the thirteenth day
of march in the year one thousand eight hundred and eighty four where the following
"providing that it be approved and ratified one resolution was passed " To Mr. " Welcome
of the company having stated to this meeting that the road of the Company between
and near the said town’s south dance by way of state of connecticut Bridgeport con
necticut and ending avenue to the town of New Haven New Haven Connecticut
Orient and surrounding District it can be obtained a compromise with the
of the contractor and city of Providence in Rhode Island and the President and
ing also submitted to this meeting certain Resolutions relative thereto and after
as a meeting of the Board of Directors held in the city of New Haven on the twenty
first day of January last where Resolution provided with the amendments as follows adopted
Mr. Will Welcome was chosen agent and given appropriate authority to be com
promised with any person or persons who claim their interest particular property of
the Company in connecticut and new haven state whereas a contract was entered into
in the estate with the intent to make said railway two hundred and seventy three
miles long from the town of New Haven to the town of Providence in Rhode Island
not to be more than seventy by summing the day having the following party attached
may now be satisfied and the company having paid the sum of ten thousand
that he Mr. Stephen Morgan and his heirs successors to be conveyed with the annex
of hotels or with otherway may become the owner or holder of such land or estate
any of them for their own purposes thereof and their heirs successors to be entitled to
premises described here the company will then be dismissed from the site on suitable
of a release surrender deed for the above named property party in
equal shares amount one over some Two thousand five hundred and fifty dollars
bearing interest per annum anniversary at and upon the rate of five per cent per annum
and that s liability for the procurement payment of said sums and indeed this contract
any with the promise of the said Broker as a agency of this company specify a mortgage
to secure land as the property of the company and note promise of the said party
payment in the first place of said sums Bonds.
Be it Resolved Also that the Mortgagee s above named therefore after providing in
the first place for the payment of the Above named promises for the payment of
the said sums whereas it is desirable to settle in conference of the words of the company
at this point or thereabouts.
Resolved that the entire subject of the issue of Board above named and the amount
of the mortgage for the security thereof he refers to a general meeting of the board of
the company whereafter he recommends be called at one to be held at the hotel
hotel in the city of Providence Rhode Island on the 12th day next a 12th inst next door.
page 2
Therefore Resolved by this meeting unanimously that in settlement
of an agreement or Compromise of the debts of the Company the Board of directors are
hereby Authorized to negotiate and settle the same under the seal of the corporation
and under the bonds of the sureties and settle bonds to a total amount not exceeding
one thousand dollars and seventy five cents for Stock and Dividend payable in installments
and that the Insurance and security first be furnished and after the rate of six per cent interest
per annum be agreed on by agreement between the Board of directors and creditors of the
Company necessarily
Resolved Further that for the purpose of carrying
into effect the Board of Directors be authorized negotiate and divide Compromises under
Bonds the bond of Directors be authorized negotiate and divide Compromises under
Seal of the corporation a Mortgage or Deed of Trust of all the property of the bank
Seal of the corporation a Mortgage or Deed of Trust of all the property of the bank
notwithstanding the Rate of Interest on the Bonds to be held at the Bank Board may
hereafter make available and agree
Resolved Further that the forms of such bonding
age or Deed of Trust the amounts and particular provisions be referred to the Bank Board
of Directors and that such Deed of Trust or Mortgage contain a write Bond amount
of sureties however nominated and branded giving a professional guarantee for payment of sums of and
suffice however nominated and branded giving a professional guarantee for payment of sums of and
such bonds’ terms and the interest thereon be such as the Bank Board may find
necessary and may agree
Resolved Further that this Corporation will
at all times hereafter lawfully indemnify and oblige in good faith by back-bonds and
Deeds of Trust or Mortgage and any other evidence and full force by Law Board of
Directors of the bank or company in conformity with the spirit of the Resolutions and of the Resolutions of
ancient in Conformity with the spirit of the Resolutions and of the Resolutions of
the Board of Directors acting now
And Whereas at a meeting of the Board
of Trustees and Directors of the New York Rhode Island Bank and Rhode Island Bank
of Providence and Director of further New York Rhode Island Bank on the twenty
fourth day of March in the year one thousand
eight hundred and fifty four at the City of Providence appoint the following
Eight persons as their Committee to negotiate and settle
Whereas at a meeting of the Trust holders of the New York Rhode Island
and Rhode Island Bank Company held at the city of Providence in the
and Rhode Island Bank Company held at the city of Providence in the
year one thousand and eight hundred and fifty four the following proceedings took place and
Eight persons as their Committee to negotiate and settle the following proceedings took place and
Resolutions were adopted as follows The Trustees of the Company having
referred the matter to the Committee of Directors who reported as follows
stating that the Bank has discovered that the entire stock of the Company now
in its hands by which they are receivers that the entire stock of the Company now
and the most prime securities of debts of citizens of Rhode Island belonging as securities and
which accrued to the bank by way of certain Mortgages New York Insurance Dollars or
Treasury notes whether by way of inducements came to be folded or compromised for the Bank
Treasury notes whether by way of inducements came to be folded or compromised for the Bank
of the said sum whereas a Deed or Mortgage is existing in the Bank’s hands he
of his hand signed a Deed or Mortgage is existing in the Bank’s hands he
underwritten to the mortgage including recovery actions in their receive behalf as a
Substitute to the mortgage including recovery actions in their receive behalf as a
meeting of the Board of Directors held in the city of Providence held in the city of Providence on the twenty
first day of June last whereat the Resolution with the Sum of ten per cent as follows
first day of June last whereat the Resolution with the Sum of ten per cent as follows
claimed against the bank constitutes our liabilities whereas Bank
claimed against the bank constitutes our liabilities whereas Bank
Mortgages on which no sum is due and unless which such the Mortgage
of the Company in Committee was said some years since attached which
Property of the Company in Committee was said some years since attached which
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page 3
1844
Rather in Satisfaction of or as Cottages Annuity for some Claims for the whole
amount thereof, payable in equal or nearly equal square amounts in sums of ten
Ten Ten Ten per annum from hence forward, bearing interest payable Annually and as
after the sum of six per cent per annum; and that so Sincerely for the Structure pay
ment of some dues Claims, and instead that Company note with the addition of the interest
charge of a majority of Town, send a certificate to those Owners of the Property
of the Company and state income of the Rent for the payment in the first place of,
void the Rent.
Resolved also that the mortgage now named hereafter open for
paying in the first place for the payment of the Rent above named Annualy for the
payment of the other dues Claims which in its entirety is done in compensation of the
Rent of the Company at fifty per Cent or thereabouts.
Resolved that, Subject to the issue of the title of those above named
and of the Junction of the Mortgage for the summing thereof be imposed to a general
meeting of the Inhabitants of the Company whereas the Rhode Island meeting be held
on the 21st day of July next at 12 o Clock Noon in the County of Rhode Island, Town of
[illegible] on the 21st day of July next at 12 o Clock Noon
Therefore Resolved by this meeting unanimously that in Better
ment, arrangement or compensation of the costs of the Company the Board of
Directors and any Trustees or any Trustees Residents and Trustees to enter into the
deed of the Corporation and in the hands of the Trustees and be Sold to Rhode to a total
amount of not more than thirteen thousand and five hundred Dollars payable per
in such monthly or at such periods as may be agreed on and after the sum of
six per cent per annum at any such periods as may be agreed on and by the Board of Directors
and Trustees of the Company appropriate
Resolved Further that for the Security of sum of Rhode and the Board
of Directors be Authorized Negotiate and arrange to secure in case of the loss of the pro
portion a Mortgage or Deed of Trust held in the Office of the Corporation and
in the name of the Rhode to said Trustees as the Deed Rhode may hereafter ap
point and append
Resolved Further that the form of some Mortgage or Deed of Trust
just and suitable and permissible provided be required to said Rhode of Rhode
and that some Deed of Trust or Mortgage execute in said Rhode Rhode after proper
provision is Clause giving a preference for the payment of Rent and of such said
Bonds and the interest thereon for any state as said Rhode may find necessary pro
viding and
Resolved Further that the Corporation act in this whole line
itself alone and negotiate in good faith with said Rhode and Board find a
Mortgage at any interest rate and render by said Rhode of Trustees in Company
with the Spirit of this Resolution and in the notion of the Board of Directors
at the [illegible]
And whereas this Corporation having in possession name of said
Resolution effects a Compensation of money to the Rhode upon the said Company
at the rate of fifty per cent on the Balance kept the said remaining amount not
remitted to said Resolution and either manner, with interest to the first day of
August next paid to the Rhode some of Security and Settlement Dollars and said done
the Balance for the Rhode some of Security and Settlement Dollars and said done
in the course of the Rhode be Compensated as aforesaid the said interest
of the Balance on the Rhode remaining from here to August Eighteen forty four
(1844) including renewing the interest to the Principal sum of the Bonds
as twenty five hundred Dollars Balance ten per face value during payment for the
Property of said Company the Trustees of said Property May’s Rhode and Trustees
to twenty five hundred Dollars five hundred Dollars’ Certificates’ which shall
be convertible now in remainder and amount as aforesaid Rhode Rhode Rhode
said Balance to pay five hundred and fifty pounds (640 to 660) some the Balance
to seven hundred and Five (680 to 700) Thirty some of Rhode Rhode
thousand Dollars some
page 4
Numbers Seven Thousand Three hundred and Eighty eight to Seven Thousand and Eighty nine
sums
75 & 76 [1789] Three Lots of House, Lot’s Reserve and Fifty dollars each acknowledged
now to Fate ann Langdon trust One thousand One thousand Three hundred and Eighty eight
one dozen Mortgages all in prudence of the Same the Relations a Certain Man
Amongst a Deed of Trust of the property Another Hundred and Fifty dots, of the State Corp
Logray a Deed of Trust of the property Another Hundred and Fifty dots, of the State Corp
between being done the First day of December in the year of our Lord one thousand
eight hundred twenty nine and noted and recorded to render the
eighty eight and Seventy three dots and any related and recorded to render the
payment of the Same Bonds, with the certain preference as shown in the Deeds
And whereas Since these Bonds have been made pay able to the Receiver general
don't have any notice that the Same may not be apply able to the Treasury of this
Certain Relation of Sir Jake Constable and his Heirs Stand and Heirs of the same
and the Same of the Following related to Bonds have now answered to the prices
Same in Consideration of being made pay able to the Treasury and this Bonds being
same in Consideration of being made pay able to the Treasury and this Bonds being
anyof confirmation to the exhibit of the same partied and to pay the same Bond
on any of conditions to get them and the Same Bond issued in such form
without any condition of permitting any loan Minute whatever, and Bounds
without any condition of permitting any loan Minute whatever, and Bounds
that the Bonds to be issued Bonds be
in the One having executed the Same and that new Bonds should be paid
conformance to the Company and conclude that new Bonds should be paid
to those who shall take them in an unencumbered form and at the date which they
to those who shall take them in an unencumbered form and at the date which they
a Deed of Trust until there becomes effect by the Company and undertaking of the
a Deed of Trust until there becomes effect by the Company and undertaking of the
Bonds’ holders to resign the same as any mortgage a Deed of Trust Bonds be
Bonds’ holders to resign the same as any mortgage a Deed of Trust Bonds be
made and accepted by the Company of the Same Subject to bear new sums per
made and accepted by the Company of the Same Subject to bear new sums per
of Bonds Therefore it is decided that this company unite upto the
tenurees of the Same Bonds to be issued as a percentage and furthermore Bonds
tenurees of the Same Bonds to be issued as a percentage and furthermore Bonds
the Same and enter in low and fair price Therefore the prices to the person
believe to be known that they undertake settle a Mortgage Deed of Trust
hence the payment of some Bonds, to be delivered on a all the Company
halt to ensure the payment of some Bonds, to be delivered on a all the Company
legal and Final Deed No. 45 of this Bond appearing in the Treasury of this Company
my he hereby authorizing & directing me to deliver said Mortgage Deed of Trust
Selt on behalf of this Company and to sign the Bonds, the Company shall
set self and to do all and every other matter and thing necessary to perpetuate
as a Deed and to act and administer in respect of the proper officers Therefore that
the preceding Sections and clauses of this Company be authorized to sign
on the behalf of this Company the Bonds, to be issued and to offer through the
on the behalf of this Company the Bonds, to be issued and to offer through the
reciprocal Bonds, and to do all and every necessary thing to their perpetuation as
acts the bills and orders of this company and also that the Treasurer be authorized
ever to deliver to the Treasury of this company or better of Council authorized to make
ever to deliver to the Treasury of this company or better of Council authorized to make
to deliver to the Treasury. The following Reserve that the new issue of Bonds, then
whereas these should be substituted for the Only now existing Bonds
whereas these should be substituted for the Only now existing Bonds
witness whereat said Parties have subscribed their Hands the Mortgage authority
attaching witness, Certified State Incorporated’s the said Mortgage authority
by his Notation, in witness of the Bonds for whose name they are substituted
were present before the Law’s Mortgage of the first day of December one thousand
one
Eight Hundred and Twenty nine and sealed
Still Moreover in pursuance of the Said Act mentioned Hereinafter the
on the Same Bonds, to previously issued Bonds, have been substituted and
on the Same Bonds, to previously issued Bonds, have been substituted and
the said Corporation has issued other Bonds Signed & Sealed in the same
the said Corporation has issued other Bonds Signed & Sealed in the same
thousand and Forty three (3) inclusive in low and Substitution of the
thousand and Forty three (3) inclusive in low and Substitution of the
where substituted Bonds are enumerated and described on a separate page
where substituted Bonds are enumerated and described on a separate page
which describe Bonds annexed hereto and subscribed by the Secretary of
which describe Bonds annexed hereto and subscribed by the Secretary of
said Corporation and marked “A” and to be taken as part and parcel of
said Corporation and marked “A” and to be taken as part and parcel of
this present: and whereas the said Bonds are payable at the rate of five per cent per annum
in the city of New York with Interest payable half yearly commence from the first day of August One Thousand One
hundred and Fifty three on each and every year.
page 5
146
And Whereas the Honorable Board of Residence and Directors of said Company
have Had Petition that the Rents accumulated in the said Residence [illegible] be
annexed The first Sixty nine Acres more being then granted for the State Security and the
sum of Dollar any to certain attaching boundaries at mentioned on the said
Resolution of Secretary and trustees and should be preferred and first paid out of
the income and proceeds of the property where in the said State preferred agency
pleas for the Rent mentioned in the said Resolution hereby requested
Now Therefore on Consideration of the inducements of the said party praying of
the said party in the said Board’s considerations and assurances as aforesaid in
said Residence amending in the colors to the Sum of the Amount and satisfy the
said Party and the sum Due them the payment thereof shall be made from the same
amounting to the said Rent thereof in said Residence aforesaid and for the Consideration
hereof the sum of the said Rent in said place at and before the expiration of the
present rents the said Party of the first part have granted the said Party of the second part
the right of exclusive Consideration of one Dollar he hereby assigns and grants the
said party of the first part have granted said Board Residence, [illegible] [illegible] [illegible]
and to them and by the said Parties’s degrees Assigns his heirs assigns lawfully
and the same unto the said party of the second part and the Heirs and Assigns of
them and of the said Board Residence and Trustees and the Heirs and Assigns of
them All the Privileges right and Interest of the said John Gorton and Robert Gorton
their Company party of the first part have granted to this present inducing act of the
said Residence and the said Residence and the said Corporation which belongs in the State
of Rhode Island and boundaries and restrictions as whereas therefore permanently
described and not particularly described as and not the said boundaries be further
Copying to which said agreement is hereby now for purposes here after following
commencing with the land in Narragansett belonging to Narragansett Company at Easty
and by the boundary of the following Deed for the State of Rhode Island company say
Million State Acres dated April 23 1735 Narragansett State 23 1735 by Andrew Pike
and John Slocum said land dated May 8 1735 Narragansett May 1 1735 by Henry Gorton
and James Gorton dated June 2 1735 by Andrew Gorton and others dated July 1 1735 by
E. Palmer dated July 1 1735 Narragansett July 1 1735 by Benjamin Gorton Thomas
Sherman Dennis Sherman Samuel Child and Jonathan and William Gorton dated
11 1735 Narragansett dated 8 1735 Narragansett under the state Narragansett 1735
December 1 1735 Thomas Gorton and others dated 8 1735 Narragansett
1735 by William M. Sherman dated June 21 1735 by James Slocum
dated September 27 1735 Narragansett October 1 1735 by William Gorton Stephen
11 1735 Narragansett and others dated September 27 1735 Narragansett
December 28 1735 Narragansett and others dated November 27 1735 Narragansett
December 23 1735 by Matthew Davis dated October 27 1735 Narragansett
1735 by Stephen Martin December 1735 Narragansett December 23 1735 by George
H. Slocum Matthew Martin December 23 1735 Narragansett June 2 1808 Narragansett and
assigning he mentions to the said Board Residence with all the rights appertaining to
the same to which the said company have any right title or interest at law or in
equity understanding the premises of said Party there also the Wharf or Dock there also
together with all the privileges and appurtenances to the same Belonging Also all land
now belonging to the said Corporation of said Company situate on the Town of
Rhode Island and State of Rhode Island consisting of the lees of the Road and and
page 6
147
Land contained between the Fences and two Upper House Walls on the Privilege of
Provincetown and one and a half Roods more (15 poles) also all the line of the road
with all the rights title and interest belonging to and on possession of the company
to the Land contained between the Fences in the Town of Hopkinton Also all that
of Land situate on South Montgomery in the County of Montgomery purchased by
Oliver Smith from the Western Reserve company issued by Seneca company known
by the name of the Montgomery Depot with all the privileges and appurtenances
Also all that 1 lot of Land situate in North Montgomery in said County bought by
Seneca company by deed from Montgomery in South North Montgomery by the deed
of 17th 1836 Also a certain Piece of Land situate in South North Montgomery
together with the Routing Reserve company issued by Seneca Company Company by
deed from Smith by a deed dated November 11th 1836 Also the Land of Seneca Company at
one half Section in the Town of North Montgomery in the County of them by a deed executed by
the Seneca Company dated 26th 1836 Reserve Survey 9th 1836 by Company dated
on 28th 1836 Also by deed dated May 6th 1836 Also the Land of Seneca Company in the
Town of Montgomery bought by Seneca Company mentioned which are situated at and
by Spencer’s corner dated Nov 28th 1836 Reserve Survey Oct 18th 1836 by John Bean
and Stephen Bates dated September 10th 1836 Reserve September 22nd 1836 by John Bean
by witness and Stephen Bates & William Raine dated 20th 1836 Reserve September 1st
1836 by Stephen Smith Reserve Survey November 1st 1836 by the Company 11th 1836 by the
Spring Reserve area Dec 28th 1836 Reserve Survey Dec 22nd 1836 by David Gage by
dated July 18th 1836 Reserve December 22nd 1836 by George M. Garris on a date
January 18th 1837 Reserve December 11th 1836 by Charles W. Anderson dated Nov
23rd 1837 Reserve January 4th 1837 by John P. Binford dated Dec 8th
1836 Reserve February 11th 1837
Also the Lands of Seneca Company Company in the Town of Montgomery of the
North Company by the deed from Seneca Company authorized by Arthur Perry and Henry Perry
dated April 20th 1836 Reserve Survey April 21st 1836 by Arthur Perry and William Perry
dated February 11th 1836 Reserve February 11th 1836 by Samuel Moore dated
February 11th 1836 and Reserve February 17th 1836 by John Bean dated October
February 11th 1836 and Reserve February 17th 1836 by John Bean dated October
February 11th 1836 and Reserve February 28th 1836 by R. D. Remington dated
April 20th 1836 Reserve April 21st 1836 by Samuel Moore dated October 21st
1836 Reserve December 24th 1836 by Seneca Company dated October 21st
1836 Reserve December 24th 1836 by Reserve Survey by [illegible] and Mike Lake
dated April 26th 1836 Reserve October 21st 1836 Reserve October 21st 1836 by John M.
Woods dated April 26th 1836 Reserve October 21st 1836 Reserve October 21st 1836 by
James Drew dated February 29th 1836 Reserve Survey 3rd 1836 by James Drew on a
date February 1st 1836 Reserve Survey 27th 1836 by James Drew 27th 1836 by
M. Wilson 76 poles dated April 26th 1836 Reserve Survey 27th 1836 by
Thos. M. Robinson acres dated August 10th 1836 Reserve September 31st 1836 by
William Military claim Reserve August 29th 1836 Reserve September 22nd 1836 by
T. Day Seneca and Nancy Smith dated October 26th 1836 Reserve Area
39th 1836 by Jos. Sapsford (by deed) a certain Survey 9th 1836 Reserve
November 18th 1836 by Remington Arthur Seneca Company to George Gage
of date August 26th 1836 Reserve September 5th 1836 by James W. [illegible]
and dated May 31st 1836 Reserve September 5th 1836 by Samuel Company
cum data October 6th 1836 Reserve September 11th 1836
Also all the lands belonging to said Seneca Company Company on the Town of Providence
Connecticut Company bought by the Company by deed from Seneca Company dated
May 4th 1837 Reserve Survey May 8th 1837) and mentioning in their deeds those parts
(to continue) and the other Parts belonging to the said Seneca Company and
(Boston Mail Road Company at and about the Depot in Providence with all the
privileges and appurtenances there with all the rights and interests of the
being upon the Pavilion Estate and also the goods, chattels, rights and creatures of
portion on the Town of Brantford and all the goods, chattels, rights and creatures of
the said Corporation and at the said Road Company and under and under the said
Corporation and at the Site and the Site and the Roof thereof from the Beginning thereof in Montgomery
on the State of Connecticut until terminated on Providence in the State of Rhode
Island
page 7
148
And to the first Mathus Thousand as aforesaid over our copper and Copper-press by join-
Company as authorized by Law, and together with the Store Houses water cisterns
reservoirs and other the appurtenances and and as Case Required and Machinery
thereto appertaining and belonging and all the Tools to be carried as furnace or furnace
for the use of the said Works and all the Wrights to be carried by the transportation of
Passengers and things and all the Rights to buy, sell, hire and export salt and
to the said Works hire such Servants apprentices and others to whom salary due
fights as at diverse profits and our company Thoroughly And however in all
respects to all the Rights of the people to use said River and to however pay ing
the Lawful Taxes in the use of the same and to the sustainable purposes as
be rules and of the River corporation run and in respect to the same with
evidence by the Word of Director or Advise’d however considerations and also subject
to the application of the measure of house Store Houses for any belongings
for the use of the public to the running of said River and keeping the Dams in repair.
To have and to hold the premises above described together with the appur-
tenances thereunto in the said Peace of the Second Part and the Successors and assigns
of them and the Heirs Executors Administrators and assigns of the Spouses of the
same to them and their heirs only and forever.
Premises above described Thousand Three of the said Peace of the First part the
their Successors and assigns State and and diverse ways or causes to be paid to the
said Works together enable to direct Works ready for the time being convenient and
convenient in such diverse manner the price specified here mentioned in and
conveyed by the said Works whereas and as they shall have marked and convenient
and the interest thereon on the several sums and time specified for the payment
of the same then and there from henceforth as stated in the present indentures and the
Rights and privileges granted as the said Works maintenance and accessories
and all other appurtenances as the said Works determine and become necessary and as
altered in all respects and the said Works any body person estate costs and outlays the
Following oath whereas since providing a certificate taking the premises in the
First the said parties of the second part State that as the right legitimate princes and
estates and others granted’ bodies and offices the same furniture and conveniences
being’s Company or betterment in the same provided both before and after the Forclosure of
the signy of Redemption of any part of a said mortgage.
In Trust for the obligation of said Works maintenance on assurance that their Heirs to
elect recovery maintenance and Assigns and successors of the same part and the
Successors and assigns of them and the Heirs Executors Administrators and assigns
of their Successors aforesaid the same and the power to build in the delivery of the public
city and Estate without the same or any piece thereof be construed as any by the
power of jurisdiction for the first part or pieces that can be readily and properly done of
their for the same and within said the boundaries and diverse all and every other
use or Necessary to carry out said Works and and with a due and official
with the any person or party who shall deal with the same Part’s Works first and exempt
from any excepting of the delivery’s application thereof and any other and
premises of the said Part and the Successors and assigns of them and the Heirs
elect determinance and Assigns of such Successors same the dividends of the present
such Works or states and whatever income or revenue that may here from be derived
from provided to the said Works or sale to having the above delegates of the said
Works their Successors Administrators and Assigns Subject to the Preferences however
offen State on the rates of their induced on said Works.
Whereas any mortgage or Redemption of the said prime party of the first part to pay or
any of either of the said Works maintenance and revenue above on default of
at their inspection maturity or any impairment of benefits happen to fail and
on the payment of thirty days after the same State according to the written and off
of said Works not out in determined’s become due and pay are then and such and
the whole of the principal of said Works should become and be construed as due and
page 8
may settle at any once any Stipulation for time in the said Words contained to The
contrary notwithstanding and thereupon the said parties of the second part
may proceed to foreclose the equity of Redemption in the property Real & Personal
all rights privileges and accompaniments hereby conveyed any foreclosure under
this present Patent shall be on such date seen and on such parts of the premises
only as may be proceeded noticed sufficient publishing in the doorway Corporate residence
of the said Party of the first part and shall be enforced and in any county Rhode
now such failure to properly appearance, to take sale proposition of the said Subject hereby
conveyed as may be witness uttering announcement the Corporate residence of the said
Party of the first part and seller, and summon the said Party, sole successors and assigns
of thereof and serve notice at and every part of owned residence the same and his
conveying and any and any part thereof however far removed from any edge of Redemption
and make all and any deed conveyances conveying our said sale and to make and re
lepse up to the said purchaser or purchased party those except exempt them from the
power independently for the application of the price and money accrued whatever tak
ings of possession, proceedings, Sale, and all consequences th: shall be in due
and shall not in any Justify the Corporate residence of the said party of the first part
and shall be subject to the said power of the said Person and the company
as and anyway to the present witness the person of the Corporate residence of the said party
then, and have and may in the species of the process and in any other manner as
and in true Honest, and generally in furtherance of the purposes of this present
in any act and every experience and person who in any act and every manner conducts
having jurisdiction on said land and to any person or any presents any proceedings
in junction or application for the purpose of enforcement of any decree or degree
rates and all applications of the person of the same party and the survivors and heirs
owners of them and the heirs executors or Administrators etc of such survivors
of them and the heirs money by whatever any of the means specified the Consideration
of which is not one but one clearly purpose for this they show prove to Desire
or otherwise the same among the above of the said Party’s Conveyances
in accordance At (C.C. M.C.) to the Obligates of the first party
in accordance At (C.C. M.C.) on the following terms in said District In Their
party Executors, administrators and Assigns either instructions or preferences as between
them. Therefore the Delivery of said Sums into their hands, unless there are any
prace than their said Party’s principal and interest thereon to the time of said
payments in full price and offer any as paid in full from the obligates of the
successors of said Party’s Conveyances, or successors At (C.C. M.C.) Their Executors
immediately, and Assigns either instructions or preferences as between them
below the payment of their said Sums into their hands, unless there are any
principal and interest thereon to the time of said payments in full
PROV the said Party of the first part do covenant grant and agree to and agree to
with the said parties of the second part and the survivors of them and the
their heirs Executors Administrators and assigns of the survivors of them that
they will at the Request of said Parties of the second part or the
of the survivors and survivors of them and the heirs Executors administered here
on and assigns of such survivors make and execute such further assurances con
vey, any deed and instruments as may be necessary and proper to secure to the
intent of the Deed hereby conveyed in the said Deed’s Conveyances and that they
the said Parties of the first part will and often as they may proceed, on other part
ly’s Request that now more in possession by them convey the same upon the will
interest, heirs and purposes in this present for both and continuing
Grace it is hereby amply understood and agree by and between the said parties
hereby that at any time during the existence of this trust and before foreclosure on
opportunity I have occur for selling advantageously any of the alternate parts
of the Real Estate property to persons other than before advertised the said party of the
first part with the Consent in writing of the said parties of the second part.
page 9
181
may, title the Same in such manner as may be appertaining to the said parties
of the second Part or the several heirs, executors of them and the said, [illegible] the said
indemnify, defend & oblige of such Service and agree to present to the parties to the premises
all of the interest and principal of the said Bond whereas maintained in the balance
of the said and any other monies herein before mentioned in regard to the premises to
unless a mutual account among the parties is settled.
And the said party of the first part with such further covenants grant and agree
to and with the said party of the second part and the sureties of the premises as and
to the said party of the second part and the sureties of the premises, that they shall
in all the future events that shall occur in such manner that the said sureties and
for them their heirs shall execute all deeds before any person or company as may
be called a referee of the mentioned sums any part of the premises and any other
sum before mentioned the costs of the said Referee being paid by the said parties
and the other expenses of law’s buying and the settlement of the said Bond remaining
unpaid the said parties covenant and agree to pay the following sum, to wit, to the sum
of [illegible] from the time of the day on which the said referee shall give his decision and
pay the balance of the said sum of the said bond with the said sum, and interest
of ten per cent per annum on the said sum until the said sum is paid in full
in any manner and as the said sum is paid the said Bond shall be void
in a manner and in any manner upon the payment of the said sum and the said parties
to the said Bond hereby agree to the difference between the said parties until
such Bond hereby as any sum remains unpaid for the term beginning and the date of fifty
hundredths [illegible] to be paid by the said party of the first part and the sureties
of the said Bond the said Referee determining the amount, and assign of the said
sum to the said party of the second part and the sureties of the premises, on
the said Bond. A. [illegible] the same sum from the said bond may be paid, and of the said
difference Bond’s hereby agree that such sum shall be to the use and interest
and for the benefit of the said [illegible] and their heirs and the said [illegible] and the said
denominations and assigns to the said [illegible] and all the other in any manner of the said
all the said Bond mentioned and executed in the residence of [illegible] A. [illegible] the
said bond is to be void, since the part of the said bond was satisfactorily
to the said parties for the said referee and the said sum to be paid to the said [illegible]
Deans and the said sum to be paid in full, by any means as said Bond,
executed on the [illegible] in the residence of [illegible] a piece of property called
the "Apple Orchard" And that the said parties said Bond remain an
assurance for the purpose of protection in any installment of costs on each said
Bond in the premises in any part of the said Bond until the sum and payments are
and the said amount received from the said referee the said Bond remaining void
and the said Bond the said sum the said party of the first part and the sureties as aforesaid
shall be discharged from the said Bond and the said parties to the said party of the second
part from the said Bond to be void of performance to the said party of the second
part from the said Bond.
And the said party of the second part and the sureties of the same and the sum of
the said Bond the Administrator and his successors in the said Bond make promise
to the full performance of the said Bond in every way manner as to the said
parties first part any remaining that may happen in any manner of said part.
And the said party of the first part with such further covenants grant and agree
to and with the said party of the second part and the successors and assigns of the
said Bond the Executor, Administrator and his successors and assigns of the said Bond
for the benefit of the said Administrator of the said Bond want and for the benefit
of his heirs and assigns Executor, Administrators successors and assigns
stipulate that the said party of the first part may in the discretion of the said
Bond arbitrator and under the direction of the said Bond pay the said sum
in any case either any of the said Bonds in the said Arbitrator’s [illegible] manner
and declared that they shall pay such rents and legacies aforesaid upon the appli-
cation of any such figures and upon the surrender of the Bond as assigned
page 10
121
far more than such after the term herein contained presenting in sum certain and amount
of [illegible] seven pounds with the interest thereon to be commenced from its payment to the said Augustus
and his assigns and resting such Mortgage legal memorial and memorandum under the seal of the
said State to be paid for some time from date according to the benefit of the presents of piece
to be absolute and purposeful a second Mortgage Deed now have been the same
underneath under-mentioned and which premises may be applied after the
execution of any agreement of any date since written after the same may be altered
in appearance but in all case of the execution saying such Deed and the Sum
of one hundred the conveyance thereof shall be presented in accordance with the pre
sent terms of the State of Execution and the Consideration be collected in the town
part District of [illegible]
By Testimony whereas the said parties of the first
part have been motivated apply their Corporate deed and cause the present deed
to be executed by their Successors in their title and by the hands and seals of the
same and have hereunto in duplicate their seals and hands and affixed
their seals also in the way and gear position as within
Subscriber, Assure and [illegible]
Division in Proceedings
Abraham Page
Daniel G. Thoms
Witnesses these Documents
in the presence of me
[illegible] G. Coffin
[illegible] M. Coffin
Elisha Peck
Ho. Morgan
H. W. Melmore
state of New York
City County of the New York in this Sixth day of May A.D. 1800
Before me William G Coffin a Commissioner public duly appointed resident
appr. came Elisha Peck Marthin Morgan and Melmore [illegible] declared that
to the foregoing instrument and acknowledged to me to be the Persons
to be in time and acting and signing
William G Coffin
State of New York
City & County of the New York of
this Sixth day of May 1800 I certify that appear before me Elisha
Peck this Sixth day of May 1800 and Marthin Morgan and Melmore [illegible] Signers and because
Peck and Marthin Morgan and Melmore [illegible] acknowledged and subscribed their names
to the foregoing instrument and authenticated the same to be the same
to be their hands and seals of them on the part and parcel
William G Coffin Commissioner of Deeds
My Comission expires 22nd June 1801
page 11
153.
Schedule 'A'
List of Reference Bonds
Numbers 1 to 10. Ten Bonds of One Thousand Dollars each pay able
August 1st 1844 with interest semi Annually to be computed
from the first day of August 1843
11 to 25 Fifteen Bonds of One Thousand Dollars each pay able
August 1st 1845 with interest semi Annually to be computed
from the first day of August 1843
26 One Bond of Seven Thousand and Ninety Dollars pay able
August 1st 1845 with interest semi Annually from the first day
of August 1843
27 One Bond of Sixteen Hundred Dollars Pay able August
1st 1845 with interest semi Annually from the first day of
August 1843
28 & 29 Two Bonds of Eight Hundred & Twenty five Dollars each
Pay able August 1st 1845 with interest semi Annually from
the first day of August 1843
30 One Bond of Twelve Hundred and twenty Dollars pay able
August 1st 1845 with interest semi Annually from the first day
of August 1843
31 to 46 Sixteen Bonds of One Thousand Dollars each pay able August
1st 1846 with interest semi Annually from the first day of
August 1843
47 One Bond of Sixteen Hundred Dollars pay able August 1st 1846
with interest semi Annually from the first day of August
1843
Numbers 48 to 53 Six Bonds of One Thousand Dollars each pay able August
1st 1847 with interest semi Annually from the first day
of August 1843
54 One Bond of One Thousand Eight Hundred and Forty dollars
Pay able August 1st 1847 with interest semi Annually from
the first day of August 1843
55 to 60 Six Bonds of One Thousand Dollars each pay able August
1st 1848 with interest semi Annually from the first day
of August 1843
Number 61 One Bond of Eighteen Hundred Dollars Pay able
August 1st 1848 with Interest semi Annually from the
first day of August 1843
62 to 67 Six Bonds of One Thousand Dollars each Pay able August
1st 1849 with interest semi Annually from the first day of
August 1843
page 12
153
68 to 69 Two Bonds, of Seven Hundred and Fifty Dollars each
Payable august 1. 1869 with interest semi Annually
From the first day of august 1848.
The Total number of said preference bonds, being fifty nine,
numbering from one to fifty nine inclusive and being for the
Total amount of seventy one Thousand Dollars,
List of the other Bonds.
Numbers 70 to 589 Five Hundred and Twenty Bonds of one Thousand
Dollars each payable august 1. 1868 with interest semi Annually
from the first day of august 1843
590 to 609 Twenty Bonds of Two Hundred Dollars each
Payable august 1. 1863 with interest semi Annually
day, from the first day of august 1848.
610 to 675 Sixty five Bonds of Two Hundred Dollars each
Payable august 1. 1868 with interest semi annually
from the first day of august 1848.
Numbers 676 to 723 Eighty Eight Bonds of Two Hundred and
Fifty Dollars each payable august 1. 1858 with
interest semi Annually from the first day of august
1843
724 to 763 Forty Nine of One Hundred Dollars each
Payable august 1. 1857 with interest semi Annually
ly from the first day of august 1848.
The Total sum of said Bonds being six hundred and forty four
numbering from seventy to seven hundred and sixty three inclusive
and being for the Total amount of Two Hundred and Twenty nine
Thousand Dollars, the whole of said Bonds from 70 to seven hundred
and sixty three inclusive and so paid with the principal and interest
at the New York Banks on the city of New York and are dated the
Thirtieth day of march ao one Thousand Eight Hundred and Forty
four.
Witness the corporate Seal of the New York Providence
and Boston Rail Road Company and the signature of the
Treasurer the Thirtieth day of march one Thousand Eight
Hundred and Forty four.
New York Providence & Boston Rail Road
Company
By Chas Ames Amy Treasurer.
Secure Subscription
and delivered in
presence of
Abraham Paine
James H. Loom
page 13
184
At Providence in the County of Providence and State of Rhode Island
and Providence Plantations on the 4th day of May AD 1840 Francis Perry
Treasurer of the New York Providence and Boston Rail Road Compa-
ny in his said capacity then acknowledged the foregoing instrument
and the Schedule thereto attached by him in his said capacity to be his private
and official act executed according to his authority for and on behalf of said Corporation
in his said capacity.
Before me George Rice Justice of the Peace.
State of Rhode Island
i Providence Plantations
County of Providence Providence May 4 1840
Personally appeared Francis Perry any Treasurer who signed and sealed the foregoing
deed and the Schedule thereto attached for the New York
Providence and Boston Rail Road Company and acknowledged the
same to be his private act and deed the free act and deed of said New York
Providence and Boston Rail Road Company
Before me George Rice Justice of the Peace
Providence County of
State of Rhode Island
Providence May 5 1840
Personally appeared the New York Providence and Boston Rail Road
Company by Francis Perry their Treasurer and agent duly authorized and
acknowledged the foregoing instrument to be their voluntary act of
price Company before me
George Rice Justice of the Peace.
Providence P.
State of Rhode Island and Providence Plantations
Collector Office County of Providence Providence May 4 1840
I Samuel M King Clerk of the County of Bristol Common Seal within and for the
County of Providence in the State of Rhode Island do hereby certify that
George Rice is now as Justice of the Peace in some county duly appointed and
elected and commissioned residing in the City of Providence and is
fully authorized and competent to take the acknowledgment of Deeds
and that his signature within is genuine.
In Testimony whereof I have hereunto set my hand and affixed the
seal of said Court this 4th day of May 1840 Samuel M King Clk
New London County by Jp
Newington May 4 1840
Personally appeared the New York Providence and Boston Rail Road
Company by Francis Perry their Treasurer and agent duly authorized and
acknowledged the foregoing instrument to be their voluntary act
and deed of said New York Providence and Boston Rail Road Company
Before me
January 25 426 1844 George Hullbare Justice Peace.
By John Hanlon Clerk
The page as recorded
