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page 1
292
This Indenture made this first part day of January in the year one thousand eight
hundred and sixty nine between the Newyork Providence and Boston Rail Road
Company, a corporation duly created by the Legislatures of the States of Rhode Island
and Connecticut, parties of the first part and Samuel Shaw and James Boorman
Directors of the city of New york, Trustees for the purposes hereinafter mentioned
parties of the second part Witnesseth, that whereas the Legislatures of the State
of Rhode Island and Connecticut at their says Session, in the year one thousand eight
hundred and sixty eight passed an act authorizing the New york Providence and Boston Rail Road
Company (parties of the first part) to issue their bonds for a sum not exceeding
fifteen thousand thousand dollars, with or without coupons bearing interest payable
semiannually, at a rate not exceeding seven per cent or interest payable in gross
and for a term not exceeding forty years, and to secure the payment thereof by
a mortgage of their real estate, shares, machinery, and property both real and personal
or any part thereof Witnesseth, that whereas, at the annual meeting of the stock
holders, helden at Providence, in the State of Rhode Island, on the twenty ninth day
of September, one thousand eight hundred and sixty eight the following resolution
was passed, to wit: Resolved that the board of directors of the company
in and they are hereby authorized and empowered to borrow a sum not exceeding
fifteen thousand thousand dollars, and issue the bonds of the company transfer, and to secure
the payment of the same by mortgage in accordance with the provisions of the acts
of the Legislatures of the States of Rhode Island and Connecticut passed at their Day
Session of 1868" And Whereas in pursuance of the purposes of the afor
said resolution the Board of Directors of said Company at a meeting helden in the
city of New york on the nineteenth day of November A D one thousand eight
hundred and sixty eight passed a resolution authorizing the President and the Treasurer
of the company to have power and authority to execute the Seal of the company
(hereunto) one million dollars of bonds of this company bearing interest at se
ven per cent per annum, payable semiannually, on the first day of January
and first day of July in each year, and redeemable thus, that each and every faculty
first one thousand eight hundred and sixty nine) and to execute a bill of sale and
Company, a deed of trust to Samuel Shaw and James Boorman Trustees for the
purpose to secure the payment of said bonds upon the Rail Road Depots and freight
of the Company or its road from Providence to Thompson and whatever else of shall be
stipulated that two hundred and fifty thousand dollars of said Bonds shall be
reserved for the sole purpose of replacing a locomotive a summing the a like sum of
one thousand seven hundred and seventy nine, one hundred thousand dollars at
one thousand eight hundred and eighty three, and one hundred and fifty
thousand dollars in one thousand eight hundred and ninety and Witness
And Whereas under and by virtue of said Legislative enactments and
the authority of said Stock holders and the action of said board of
directors as so enacted to assess for the purpose of said Company the sum of
one million dollars and two hundred and fifty thousand dollars of said sum to be
appropriated to the taking up and replacing the old locomotives new and installing
in the bonds of this Company leases entered at day for each and executed by
a prior Mortgage upon the property of the Company, and the balance to
be used the payment of an outstanding debt, for payment of stock to the
Steamboat Company and their liabilities incurred in promoting the aforesaid
establishment of a Line from Providence Boston and Newyork, and furnish
greater facilities for the transaction of the business of that Company.
(Continued in page 293)
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294 [Continued from page 295]
And Whereas for the purpose and with the intent aforesaid the said New-york
Providence and Boston Bank Company, hereinafter called the company is desired to issue a series of
one thousand bonds, numbered consecutively from one to one thousand both inclusive for
one thousand dollars each, bearing seven per cent interest herewith the payable to
the first day of January in the year one thousand seven
eight hundred and ninety nine with the said first day of January, and also to pay interest
thereon quarterly on the first day of January on the first day of April on the first day of July and on the first day of October according to
the terms specified in said bonds etc and which said bonds shall be issued an equality to
for as requested since for payment by these premises, notwithstanding the same this
issue be issued at different times, each of said bonds being signed by the president and
treasurer of the Company and authenticated by a corporate seal and signature by the
trustees of the second part heretofore and containing upon its face a note on the
words following to wit: This bond is one of one thousand in a series of notes which
are secured by a Mortgage on the Road and bridges and the entire value
line of road from Kingston to Providence of the New-york Providence and
Boston Bank Road Company, to Samuel Slater and James Doonan fisherman,
as trustees whose mortgage has been date herewith, and these the bonds are
recorded in the Registry office, two hundred and fifty seven thousand dollars of this issue
is held by the Company for the redemption of an equal amount now and
standing and constituting the only lien on the property hereby mortgaged.
Said bond shall not be registered or obligatory until authenticated by a
corporate embossed seal, and duly signed by the trustees under the mortgage
propre aforesaid and the company attached to said bonds assigned by the
secretary of the Company and for the security of the full payment of said bonds
the party of the first part as trustees of the Mortgage hereby bind their families and
heirs forever in the State of Connecticut to Providence and the State of Rhode Island
their Depots and Successors to the said parties of the second part and to the
benefit of all the parties of the first part and bonds companies who may presently
become holders of or any of said bonds, having executed with these presents
and acknowledged as aforesaid Now therefore this indenture Witnesseth
that the said party of the first part in consideration of the premises and
one dollar lawful money of the United states, to have paid by
the parties of the second part at or before the executing or delivery of their
presents the receipt whereof is hereby acknowledged signed, and for the purpose of
securing the payment of said bonds health, and the interest thereon according to
the terms indicated mentioned thereof, have granted bargained and transferred and
conveyed and by these presents grant, convey sell transfer and remise unto
the said Samuel Slater and James Doonan fisherman trustees of the
second part and to their successors and assigns forever so far as the had the
of their Road Road, (known as the New-york Providence and Boston Rail
Road,) commencing at and including the Dock and wharf at Connecticut,
in the County of New London and State of Connecticut thence running
to Westerly in the County of Washington and State of Rhode Island, thence
to the junction with the New branches in the town of Cranston, near the
city of Providence once, thence lay the line track to the Depot in the city
of Providence together with all the bridges superstructure tracks and other
fittings thereon including the corporate franchise and right of way
To have and to hold all and tenure the above mentioned and hereby
[Continued on page 296]
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page 5
296 [ Continued from page 289 ]
granted premises and every part and parcel thereof together with the appurtenances
unto the said parties unto the said parties of the second part and their survivor and
survivors of them trustees as aforesaid and their successors and assignses forever in
trust for the benefit of all and every of the person and persons and bodies corporate
who shall be or at any time hereafter or who shall become the holder or holders of
the said bonds desirable numbered from one to one thousand as aforesaid or any part
of the same which shall be issued by the said party of the first part without prejudice
preference to the holder of any one of said bonds one or any other of the bonds by reserving
priority in the time of the issuing of same or times of their issuing
Provided however that these presents shall operate upon the above conditions stated in the said
party of the first part first shall and do enable such party for come to be paid the principal
interest unless mentioned where mentioned and the same when due and at the same
respectively become due and payable according to the tenor and spirit of the said bonds
deeds and instruments thereof and the state thereof be granted such shall even
determine and be void and of no effect But it is covenanted and agreed
by and between the said parties hereunto that in case of the default by the said party
of the first part in the payment of the principal or any furtherly or any
interest on the said bonds at any time now should occur of interest or principal
or either or any of them shall be or become due and payable according to the tenor
of said bonds said bonds it is covenanted that upon the continuance of such default for six months then
immediately upon the expiration of said six months the whole principal and
interest unless mentioned since and secured by the said bond shall become an
considered due and payable although the present limited for the purpose thereof
shall not then have expired And the said parties of the second part or their
successors in said trust may and at the request in writing of the holder or
holders of any one or more of said bonds in respect to which such default may
have happened shall demanding through their such agent or agents as they may from
time to time appoint Take and maintain actual possession of all and singular the
premises hereby mortgaged and take receiver collect the rents issues and
profit thereof apply and apply the net proceeds thus arising to the payment
the interest first pro rata with each sum as occurs upon said bonds any
balance which may remain thereafter pro rata upon the principal
sum by the said bonds secured And also in the event of said default being six
months and continued for six months as aforesaid the said parties of the second
part and their successors in said trust may upon and at the request in writing of
the holders of a majority in amount of said bonds then outstanding shall
cause the whole of the property hereby mortgaged with other supplements thereafter or
so much thereof as shall be necessary and sufficient to replace the whole sum of
principal and interest secured by said bonds which may at such time remain
unsatisfied to be sold at public auction giving at least thirty days notice of the
time and place of such sale by publishing the same of at least one notice in each and
every such period of thirty days in two newspapers printed in the city of
York in one newspaper printed in the city of Providence in the state of Rhode
Island and one newspaper printed in the city of Newton and in one of the
successors making such sale and they are hereby expressly authorized to convey and
assume the premises so sold to the purchaser or purchasers thereof absolutely and
in fee simple where said sale and the conveyance or conveyances so to be made and
executed shall be valid and effectual forever and shall be against the said
parties of the first part their successors and assignses and against all persons
[ Continued on page 297 ]
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page 7
298 [Continued from page 296]
claiming the said premises or any part thereof, or any right or interest therein from
or under them. And it is hereby declared and agreed that the said parties of the
second part or their successors in part trust shall, out of the proceeds of such sale,
in the first place, pay & retain the costs charges and expenses attending such sale as
a reasonable commission for their own services in the premises, and any late fees as
may convenience to them or account of collections in or about the case and the
management of said Mortgage, payments subsequent to settlement of the taking premises
from, including the reasonable compensation of such agent as may be by them employed
for or about such ease and management and shall after paying the sums of the premises
of such sale or so much thereof as may be necessary to the payment of the trustee
which shall have been accrued and shall at the time being summed up paid over and
and to payment of the whole or some part of the principal which shall then be due
and owed upon the several bonds, or any of them, whatever the said principal sums be,
either of said bonds, the bonds or, on target to execute deed, and increase of damages, to
now fulfill the whole amount due or owing upon each bond as aforesaid, shall be paid
ratably in proportion to the amount being and unpaid upon said bonds respectively, in the preference to the holders of any one bond over the others, and any
unpaid shall remain of the full payment of all said debts bonds, principal and interest
as aforesaid shall be paid over to the party of the first part, their successors and
assigns shipment being made therefore. And the said parties of the first part
for themselves and their heirs, successors, heirs, deriving covenant and agree with the said
parties of the second part and their successors and assigns, that they will hold and
retain (not issue for no other purpose) bonds to the amount of one hundred and fifty
thousand dollars (of the one million of bonds hereby assured) for the purpose of as
decreasing and taking up a line of one million of bonds hereby assured for the purpose of
sip per cent bonds, new and outstanding and secured by mortgage upon those to that
is to say, that they will issue not more than one hundred and fifty thousand dollars of
said bonds from that may undertaking to take up the five per cent bonds aforesaid
And the said parties of the second part do hereby accept the bonds hereby conferred
upon them. And the said parties of the first part for themselves, their successors
and assigns do hereby covenant agree and with the said parties of the second part
and their successors in said trust and to and with all persons ever and corporate
who shall become holders of the bonds hereby assured that the said party of the first
part their successors and assigns shall and will at any time and from time to time keep
persons reasonably secure counterparts either all such future and other all such
deeds and things as shall be necessary to carry into effect the intentions here
set forth, and to assure and confirm unto the said parties of the second part and their
successors act and convey and transfer the property and estate hereby intended to be
mortgaged with the all appurtenances and to render the same suitable for the
security and satisfaction of the bonds aforesaid according to the intent and purpose
herein expressed. It is also hereby mutually covenanted and agreed by and
between the parties hereto that no case of the death or mental incapacity of the
said parties of the second part either of them or of either of their assigns
lone of the said office of trustee, the said party of the first part may by resolution
of their directors thereupon appoint a new trustee or trustees in lieu of the trustee
or trustees who shall be deemed incompetent or resigned and to form from time
to time in case of the death, mental incapacity or resignation of the substituted trustee
or trustees, his in place shall be filled in like manner but in case of neglect by
the parties of the first part to appoint such new trustee or trustees at any time in his
[Continued on page 300]
page 8
To all People to whom these Presents shall Come. 299 Send Greeting. Know Ye, That the said [illegible] for and in consideration of the sum of [illegible] in hand before the ensuing hereof well and truly paid by the receipt whereof [illegible] do hereby acknowledge and therewith fully satisfied contented and paid; and thereof and of every part and parcel thereof do execute acquit and discharge the said [illegible] then, heirs, executors and administrators forever by these presents; have given grant bargained sold assigned conveyed conveyed and confirmed and [illegible] the said [illegible] by these presents do freely fully and absolutely give grant bargain sell assign convey confirm unto [illegible] heirs and assign forever To have and to hold the said granted and bargained premises with all the appurtenances privileges and commodities to the same belonging or in any wise appertaining to the said [illegible] and [illegible] only proper use benefit and behold forever. And the said [illegible] heirs and assigns forever to [illegible] for heirs executors and administrators do covenant promise and grant with the said [illegible] heirs and assigns that at and before the ensuing hereof the true sole and lawful owner of the above bargained premises and lawfully seised and possessed of the same in [illegible] own proper right as a good perfect and absolute estate of inheritance in fee simple; have and [illegible] in good right full power and lawful authority to grant bargain sell convey and confirm the said bargained premises in manner aforesaid. And that the said [illegible] heirs and assigns shall and may from time to time and at all times forever hereafter to fore and virtue of these presents fully peaceably and quietly have hold use occupy possess and enjoy the said denoted and bargained premise with the appurtenances free and clear and freely and quietly acquired exempted and discharged of and from all and manner of forever or other gifts grant bargain sell and convey [illegible] with all tails jointures entails judgments executions and encumbrances of what name or nature sever first night in any measure or degree obstruct or make void this present deed. Furthermore the said [illegible] heirs executors and administrators do covenant and engage the above denoted premises to the said [illegible] heirs and assigns against the lawful claims or demands of any person or persons whatsoever forever to warrant secure and defend by these presents.
page 9
300 / Continued from page 297 /
a vacancy shall occur as aforesaid or whereas the trustee or trustees whom the said pro-
of the first part shall appoint shall not be satisfactory to the holders of a majority in
amount of said notes, said majority, by writing under their barrels appoint one trustee
to fill such vacancy, which appointment so made shall supersede such one or more as may have
been made by the party of the first part to the same. And it is hereby declared and
enacted and appointed that the new trustees to be appointed as aforesaid shall enter
directly upon such appointment and will have any powers aforesaid as did the one or more
whose estate vested with all the estate, title, right, power, tenure and states of the trustee or trustees
on whose place he or they there hence so appointment, but nevertheless the representatives
hereof to their successors and assignees shall and will upon request made, execute and deliver
all such and such releases over-quit claims and assurances as shall be appropiate to vest in
confirm and secure to such new trustees such estate, title, right, power and states since
to the intent hereon afore said
In witness whereof the said party of the first part have hereunto set their respective
to be executed and signed and these presents to be acknowledged by their president and treasurer
and the said parties of the second part henceunto set their hands and seals and execute in
first year after written.
In presence
Witness to signatures
of Samuel B. Belknap President
and Henry Morgan Treasurer
and Henry Morgan Treasurer
L.S.
L.S.
Harvence Stimpson
$1000.00
Witness as to Jos B. Johnston
M W Mott
Witness as to the above named signatures
Edwin B Corey Jun.
The Newyork Providence and Boston Rail
Road Co. by Samuel B. Belknap President
Henry Morgan Treasurer
Samuel Slove L.S.
Jas. B. Johnston L.S.
John B L aunds
Samuel Slove L.S.
Jas. B. Johnston L.S.
State, City and County of Providence
On this tenth day of January one thousand eight hundred and sixty nine personally
appeared before me the Newyork Providence and Boston Rail Road Company by Samuel
B Belknap their President and Henry Morgan as their treasurer and acknowledged the
foregoing instrument by them signed to be their free voluntary act and deed of said New
york Providence and Boston Rail Road Company, and at the same time personally
appeared before me Samuel Slove and James B. Johnston and solemnly acknowledged
reliedged to me the foregoing instrument by them signed to be their free voluntary act
and deed
Witness my hand and official seal
Edwin B Corey Jun. Commissioner for the States of Connecti-
cut and Rhode Island in Newyork and Notary Public for the
State of Newyork
L.S. L.S.
Received for Record January 14th 1869 at 11 o clock
A.M. and Recorded by Callahan Brown Town Clerk
For discharges of above mortgage see Book No 14 page 228
page 10
the said [illegible]
for and in consideration of the sum of [illegible]
in hand before the ensuing hereof well and truly paid by [illegible]
the receipt whereof [illegible] do hereby acknowledge and [illegible] therewith fully satisfied contented and paid; and thereof and of every part and parcel
thereof do execute acquit and discharge the said [illegible]
herein, executors and administrators forever by these presents; have given granted bargained sold alienated conveyed and confirmed; and
by these presents do freely fully and absolutely give grant bargain sell alien convey and confirm unto the said [illegible]
[illegible] heirs and assign forever
To have and to hold the said granted and bargained premises with all the appurtenances privileges and commodities to
the same belonging or in any wise appertaining to the said [illegible]
[illegible] heirs and assign forever to [illegible] and [illegible] only proper use benefit and behoof forever. And the said [illegible]
do covenant promise and grant to and with the said [illegible]
[illegible] heirs executors and administrators
[illegible] heirs and assign at and before the ensuing hereof [illegible] the true sole and lawful owner of the above bargained
premises and [illegible] lawfully seized and possessed of the same to [illegible] own proper right to a good proper and absolute estate of inheritance
in the สิ่งs in fee simple and have [illegible] good right full power and lawful authority to grant sell convey and confirm the said
premises in manner aforesaid. And that the said [illegible] by force and virtue of these presents peaceably reasonably and
quietly have and shall may and from this time at and at all times forever hereafter peaceably reasonably and
quietly have and shall may occupy possess and enjoy the said [illegible] bargained premises with the appurtenances free and clear and freely and
clearly hold and shall hold the same and every part thereof from all and of all manner of former or other gifts grants bargains sales leases mortgages wills
entails jointures dowries judgments executions executions and encumbrances of what name or nature whatsoever that might in any manner or degree obstruct or
make void this present deed.
Furthermore the said [illegible]
[illegible] heirs executors and administrators do covenant and engage the above demised
premises to the said [illegible]
[illegible] heirs and assigns
against the lawful claims or demands of any person or persons whatsoever whatsoever forever to warrant secure and defend by these presents.
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