Cornell University Law Library The Moak Collection PURCHASED FOR The School of Law of Cornell University And Presented February 14, 1893 IN HEnORY OF JUDQE DOUGLASS BOARDMAN FIRST DEAN OF THE SCHOOL By his Wife and Daugliter A. M. BOARDMAN and ELLEN D, WILLIAMS Cornell University Library HE 396.D34A1 V.1 Charters, leases, etc. 3 1924 024 840 716 Cornell University Library The original of this bool< is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024840716 CHARTER OF THE WITH THE SEVERAL ACTS SUPPLEMENTARY TO THE SAME. I'ublish.ed. by Order of the Board, of IVIanagers. NATHAN LANE, STATIONER AND PRINTER, ! ]Sro. 69 TVall Street* INDEX CHARTER OP DELAWARE AND HUDSON CANAL CO., AND THE AMENDMENTS THERETO. Act op Pennsylvania Legislature authorizing Maurice Wurts to improve the Navigation of the River Lackawaxen 1 Act of New York Legislature incorporating Delaware and Hudson Canal Co » 19 Supplement to Charter authorizing increase of original suhscriptiops 37 Supplement to Charter conferring Banking powers 39 Act op Pennsylvania Legislature conferring on Delaware and Hudson Canal Co. similar privileges to those originally granted to Maurice Wurts 42 Act op New York Legislature authorizing Delaware and Hudson Canal Co. to contract- with Maurice Wurts or others. 47 Extract from the Minutes op the Governor op Pennsyl- vania 49 Act op Pennsylvania Legislature regulating dimensions of locks, mode of assessing damages, &c 49 Act op Pennsylvania Legislature authorizing Company to construct and maintain railways '. 62 Act op New York Legislature loaning credit of the State to Delaware and Hudson Canal Co 55 Governor op Pennsylvania's License to receive and collect Toll 61 Act of New York Legislature loaning the credit of the State to the Delaware and Hudson Canal Co 63 Act op New York Legislature concerning the Debt due from the Delaware and Hudson Canal Co 65 Resolution Pennsylvania Legislature relieving Company from building lock in Delaware dam 67 Act op New York Legislature to facilitate the transfer of the State Public Stocks. ... : 69 Act op Pennsylvania Legislature. Company's Stock declared subject to Taxation 71 Act of Pennsylvania Legislature. Repeal of law authoriz- ing the State to take possession of the Company's improve- ments 73 Act op Pennsylvania Legislature. As to payment of damages for lands taken for railroad purposes 74 Act op Pennsylvania Legislature. Company authorized to extend railroad and purchase additional coal lands 76 Act of Pesjnstlvania Legislature. Authorizing Company to construct Telegraph lines and branch railroads 11 Act of Pennsylvania Legislatuee. Mode of assessing damages to lands in construetioa of telegraph lines and branch railroads 19 Act of Pennsylvania Legislature. Auditor-General autho- rized to credit the Company with moneys paid on account of Taxes : 80 Act op New York Legislature. Company authorized to erect tfilegraph lines along line of canal 81 Act of New York Legislature. Changing time of declaring and paying dividends ■. 82 Report of Committee to Senate op Pennsylvania. Exon- erating the (!!orapany from charge of having violated their Charter .' 83 Act of Pennsylvania Legislature. Damages to be assessed under provisions of General Railroad Act 87 Act op Pennsylvania Legislature. Section 2d of above Act authorizes the purchase of additional lands 87 Act of New York Legislature. Authorizing the Company to construct railroads and to contract with or lease other roads 88 Act op Pennsylvania Legislature. Amending the title of Act passed Sept. 20, 1866 89 Act op Pennsylvania Legislature. Authorizing Company to construct locomotive road from Oljrphant to Carbondale. . . 90 NORTHERN COAL & IRON CO. Act to incorporate the Northern Coal and Iron Co 92 Supplement to Charter of Northern Coal and Iron Co. author- izing construction of railroad 95 UNION COAL CO. Act to Incorporate the Union Coal Co 97 Act to Consolidate Union Coal Co. and Howard Coal and Iron Co 101 BALTIMORE COAL CO. Act to Incorporate Baltimore and Pittston Coal Co 105 Supplement to the Act to Incorporate Baltimore and Pittston Coal Company, changing corporate name m Supplement to the Act to Incorporate Baltimore and Pittston Coal Co., authorizing sales of property and purchase of coal. Ill Act op Pennsylvania Legislature. Incorporating Baltimore Coal Co 113 Extension of Charter of Baltimore Coal Co 116 BALTIMORE COAL AND UNION RAILROAD CO. Act op Pennsylvania Legislatubjs. Concerning sale of rail- roads, canals, turnpikes, &c., and vesting purchasers with all the rights and franchisas of the corporation 117 Supplement to Act of Pennsylvania Legislature. Restricting corporate privileges to such as are already possessed 120 Supplement to Act of Pennsylvania Legislature. Extending provisions of Act authorizing the sale of a company upon its Mortgage Bonds to incorporated coal companies in county of Luzerne, Pa 122 Ceetificatb op Organizatiox of Baltimore Coal and Union R. R. Co 124 Lease of Baltimore Coal and Union R. R. Co. to Delaware and Hudson Canal Co 127 PLYMOUTH & WILKESBARRE RAILROAD & BRIDGE CO. Act to Incorporate Plymouth and Wilkesbarre Railroad and BridgeOo 131 Supplement to Act to Incorporate, &c 134 " " " i. . 135 " " " 136 DELAWARE AND HUDSON CANAL CO.— Supplementary Legislation. Act of Pennsylvania Legislature. Authorizing extension of Lackawanna and Susquehanna R. R. from State line to a pomt on Jefferson R. R. near Susquehanna 139 Act op Pennsylvania Legislature. Authorizing Railroad, Canal and Navigation Companies to hold stock or bonds of other companies, or to lease or consolidate with them 141 ALBANY AND SUSQUEHANNA RAILROAD CO. Articles op Association. Albany and Susquehanna R. R. Co. 143 Act authorizing authorities of village of Binghamton to take stock in Albany and Susquehanna B R 149 Act authorizing City of Albany to make loan to Albany and Susquehanna R. R 154 Act to extend the time for compliance with provisions of General Railroad Act 159 Act to extend the time for completion of Albany and Susque- hanna R. R 159 Act authorizing towns on line of Albany and Susquehanna R. E. to subscribe to capital stock of the Company 160 Act amending above Act 166 Act to extend the time for completion of the Albany and Susquehanna R. R If 1 Act to increase the Capital Stock of the Albany and Susque- hanna R. R IfZ Act amending Acts authorizing Town subscriptions, extending time for completion of Railroad, and regulating weight of Iron Rail 1''5 Act to facilitate the construction of Albany and Susquehanna R. R "6 AOT amending Acts authorizing Town subscriptions 178 Act extending time for complying with conditions of An Act to facilitate construction of Albany and Susquehanna E. B. 179 Act to aid in the construction of Albany and Susquehanna R. R. 180 Act to extend the time for completion of Albany and Sus- quehanna R. R., and to amend the Acts authorizing Town subscriptions to Capital Stock 182 Lease. Albany and Susquehanna R. R. to Delaware and Hudson Canal Co. 187 RENSSELAER AND SARATOGA RAILROAD CO. Act Incorporating Rensselaer and Saratoga R. R. Co 205 Act to increase Capital Stock of Rensselaer and Saratoga R. R. Co 212 Act to authorize Rensselaer and Saratoga R. E. Co. to borrow money 217 Act to amend above 218 Lease. Saratoga and Schenectady R. R. Co. to Rensselaer and Saratoga R. R. Co. , 221 Additional Ageeement. Saratoga and Schenectady R. R. Co. to Rensselaer and Saratoga R. R. Co ' 229 Reformed Contract. Troy Union E. R. Co 231 Description of Survey of the location of Troy Union R. R. . . . 243 Act authorizing the Albany and Vermont R. R. Co. to con- struct a branch road 247 Lease. Albany and Vermont R. R. Co. to Rensselaer and Saratoga R. R. Co 25 1 Contract of Consolidation between the Rensselaer and Saratoga R. R. Co., and Saratoga and Whitehall R. R. Co., and Troy, Salem and Rutland R. R. Co 263 Lease. Rensselaer and Saratoga R. R. Co. to Delaware and Hudson Canal Co 281 MINING LEASES AND AGREEMENTS. MiNma Lease. OalebB. Haekley to Eaton, Simpson ftWescott. 307 MmiNG Contract. Delaware and Hudson Canal Co. with Eaton & Co' 319 Supplement to Mining Contract. Delaware and Hudson Canal Co. with Eaton & Co , . . . 326 Supplement to Mining Contract. Delaware and Hudson Caual Co. with Eaton & Co •. 329 Mining Lease. "William Hull to Barker, Pughe & Jones 335 Assignment. Barker, Pughe & Jones to Delaware and Hudson Canal Co 340 Assignment. Wm. Hull to G. M. Hull and others 340 Agreement. Delaware and Hudson Canal Co. to assume lease in certain contingencies 342 Supplementary Agreement. Wm. Hull with Barker, Pughe & Jones 342 Supplementary Agreement. E. Jones & Co. to obtain guarantee of Delaware and Hudson Canal Co 345 Supplementary Agreement. Delaware and Hudson Canal Co. agree to assume lease in certain contingencies 345 Agreement. B. Jones & Co. with G. M. Hull and others. . . . 345 Deed. E. Jones & Co. to Delaware and Hudson Canal Co 346 MiNiNQ Contract. Delaware and Hudson Canal Co. with Barker, Pugbe & Jones 351 Supplementary Agreement. Delaware and Hudson Canal Co. with Barker, Pughe & Jones 35T Supplementary Agreement. Delaware and Hudson Canal Co. with Barker, Pughe & Jones 359 AssiSNMENT. "Wm. Hull to G-. M. Hull and others 361 Agbeement. G. M. Hull and others with Delaware and Hudson Canal Co 368 Mining Lease. Mott, Newton & Vosburgh, to Barker, Pughe & Jones 3T5 Assignment. Barker, Pughe & Jones, to Delaware & Hudson Canal Co 379 Deed. E. Jones & Co., to Delaware & Hudson Canal Co 381 Mining Lease. Jno. Gibson to Jno. P. OflFerman. 387 Assignment. Jno. P. OflFerman to Delaware & Hudson Canal Co 391 Assent of Jno. Gibson to above assignment 391 Mining Contract. Delaware & Hudson Canal Co. with Jno. P. Oflferman 392 Supplementary Agreement. . Delaware & Hudson Canal Co. with Jno. P. OflFerman 397 Memorandum of E. "W. Weston, Superintendent. In reference to foregoing contract 401 Mining Lease Von Storch Coal Co. -to Delaware & Hudson Canal Co *03 Mining Lease. Perd. and "Wm. Von Storch to Delaware & Hudson Canal Co -• ''H Assent Von Storch Coal Co. — to above lease 422 Mining Lease. Theodore Von Storch to Delaware & Hudson Canal Co *23 Assent. Von Storch Coal Go. to above lease 432 Mining Lease. James MoParlane to C. A. Reynolds 435 Assignment. James MoFarlane to James H. McFarlane and others **^ Ratification of foregoing lease by assignees of lessor 445 Mining Lease. Chaunoey A. Reynolds to Charles Hutchison 448- Assignment. Chauncey A. Reynolds to E. A. Quintard 456 Assignment. Chas. Hutchison to E. A. Quintard 457 Mining Lease. Chauncey A. Reynolds to Jno. P. Grove 459 Deed. E. A. Quintard to Union Coal Co *67 Mining Contract. Wm. H. Richmond to Delaware & Hud- son Canal Co ^'^ MiNiKe Lease. Henry B. Eookwell to Delaware & Hudson Canal Co 479 Mining Lease. Wm. Jessup to Delaware & Hudson Canal Co. 507 AssiaNMENT. "Wm. Jessup to Benjamin T. Eeed 511 Assent. Delaware & Hudson Canal Co. to above assignment. 512 Mining Lease. Benjamin T. Eeed to Delaware & Hudson Canal Co 515 Mining Lease. Chas. Miner and others to Chas. Parrish. . . . 523 Assignment. Chas. Parrish to Thomas Iron Co 529 Supplementary Agreement. Chas. Miner and others to Chas. Parrish & Thomas Iron Co.." 530 Deed. Jesse Thomas to Chas. Parrish & Thomas Lron Co . 534 Deed. Chas. Parrish and others to Thomas Iron Co 537 Supplementary Agreement. Jesse Thomas & Miner heirs, and Thomas Iron Co 542 Mining Lease. Jesse Thomas and others to Thomas Iron Co. 543 Mining Lease. Thomas Iron Co. to Delaware & Hudson Canal Co 551 Mining Lease. E. W. Weston to Delaware & Hudson Canal Co 567 Mining Lease. Willard Parker to Delaware & Hudson Canal Co 575 Mining Lease. Geo. 0. Genet & Wife to Delaware & Hudson Canal Co 583 Mining Lease. John W. Hollenback to Thos. F. Atherton and others 59 1 Assignment. Thomas F. Atherton to John H. Swoyer GOl Assignment. L. D. Shoemaker to Chas. Parrish & Wm. L. Conyngham 602 Assent. Of Jno. W. Hollenback to above assignment. 603 Assignment. J. H Swoyer to Edward R. Mayer 603 Assignment. Chas Parrish and others to Union Coal Co 605 Supplementary Agreement Jno. W. Hollenback to Baltimore Coal & IJnion E. E. Co 609 Mining Lease. Chas. Miner and others to Thomas & Wm. Leyshon 615 Supplementary Agreement. Chas. Miner & others to Thomas & Wm. Leyshon 619 Assignment. Thomas & ATm. Leyshon to Chas. Parrish. . .■ . . 620 Assignment. Chas. Parrish to Union Coal Co 621 Supplementary Agreement. Heirs of Chas. Miner and others • to Union Coal Co 623 Supplementary Agreement. Wm. P. Miner & Jesse Thomas. 627 Mining Lease. Wm. H. Merritt to Union Coal Co 631 Supplementary Agreement. Wm. H. Merritt to Delaware & Hudson Canal Co ; . . 643 Mining Lease. Chas. Miner's Heirs to Union Coal Co 651 Mining Lease. Executors of Jno. Gibson to John Jermyn. . . 659 7_ MisiNGr Contract. John Jermyn with Delaware & Hudson Canal Co 671 Mining- Lease. Jackson Coal Co. to J. C. Fuller 683 MisnNG Lease. Samuel G. Turner to J. C. Fuller. 694 Assignment. J. C. Fuller to Northern Coal & Iron Co 698 . . Mining Lease. Executors of G-. .M. Hollenback and others to Delaware & Hudson Canal Co "703 Mining Contract. Filer & Co., with Delaware & Hudson Canal Co .■ 711 , Mining Lease. Godfrey Von Storch to Delaware & Hudson Canal Co f 23 Mining Lease. Frances Ann Griffin and Ritner Griffin to Delaware & Hudson Canal Co 731 Supplementary Agreement. Delaware & Hudson Canal Co. with Godfrey Von Storch 739 MEiiORANDnir. E. W. Weston, Superintendent, in relation to above 741 Mining Lease. John Albiighton & Jacob Roberts to Delaware & Hudson Canal Co 7 iH Approval. Of above Lease by Baltimore Coal & Union R. R. Co 750 Mining Lease. Willard Parker to Delaware & Hudson Canal Co 755 Mining Lease. John N. Conyngham and others to Delaware & Hudson Canal Co 763 Mining Lease. Wm. H. Merritt to Delaware & Hudson Canal Co T79 Mining Lease. Glenwood Coal Co. to Delaware & Hudson Caaal Co 795 Ratification of above Lease by Erie Railway Co 802 Mining Lease. Nathaniel Halstead and others to Delaware & Hudson Canal Co .' 803 Mining Lease. Chas. A. Miner to Delaware & Hudson Canal Co 815 TRANSPORTATION AND MISCELLANEOUS AGREEMENTS. Agreement. Erie Railway Co. with Delaware & Hudson Canal Co 831 Agreement. Erie Railway Co. with Delaware & Hudson Canal Co 851 Agreement. Erie Railway Co. with Delaware & Hudson Canal Co 855 Specification for Stone Dock at Buffalo 860 Agreement. Erie Railway Co. with Delaware & Hudson Canal Co 863 Agreement. Erie Railway Co. with Delaware & Hudson Canal Co 875 Agreement. Erie Railway Co. with Delaware & Hudson Canal Co 879 AaREEMBNT. Jefferson Railroad Co., Erie Railway Co., and Delaware & Hudson Canal Co 883 Agbeement. Erie & Atlantic Sleeping Coach Co. with Dela- ware & Hudson Canal Co 891 . Agebembnt. Northern Central Railway Co. with Delaware & Hudson Canal Co 899 Agreement. Pennsylvania R. R. Co. with Northern Central R. R. Co 905 Agreement. J. Langdon with Delaware & Hudson Canal Co. 907 Agreement. Albany & Susquehanna R. R. Co. with Fall Creek Bituminous Coal Co 911 Agreement. New York Central & Hudson River R. R. Co. . with Delaware & Hudson Canal Co 915 Agreement. New York Central & Hudson River R. R. Co. w;ith Rensselaer & Saratoga R. R. Co 923 CHAPTER LXI. OF THE LAWS OF PEJN^J^STLYANIA, PASSED IN THE SESSION OF 1822-23. AN ACT To Impkove the Navigation of the River Lack A WAXEN. Sec 1. Be it enacted by tlie Senate and House of Representatives of the Commonwealtli of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the saro.e, That it shall and may be lawful for Maurice Maurice wurta, Wurts, of the City of Philadelphia, his heirs and Bi|ng%uthor^°" • , 1 1 . "^ ,T • • ■ ized to improve assigns, with his or their surveyors, engineers, the navigation • iT, i"i n 1 I I of tlie River superintendents, artists, and worKoien to enter Lackawaxen. upon the river Lackawaxen, and any one of the streams emptying into the same that may appear to the said Maurice, Wurts, his heirs or assigns, most suitable for the purposes contemplated by this act, to open, enlarge or deepen the same, in ^^ any part or place thereof, in the manner which shall appear to them most convenient for open- ing, enlarging, changing, making anew, or im- proving the channel ; and also, to cut, break, remove and take away all trees, rocks, stones, earth, gravel, sand, or other material, or any impediments whatsoever within the said river Proviso relative to taking toll. Damages occa- sioned by the erection of any dam or dams, how settled. Lackawaxen and tlie branch thereof, which the said Maurice Wurts, his heirs and assigns, may select, and to use all such timber, rocks, stones, gravel, earth, or other material, in the construc- tion of their necessary works, and to form, make erect and set up any dams, locks, or any other device whatsoever which the said Maurice Wurts, his hfeirs or assigns, shall think most fit and convenient to make a good and safe descending navigation, at least once in every six days, except when the same may be obstructed by ice or floods, from or near Wagner's Gap, in the county of Luzerne, or from or near Rix's Gap, in the county of Wayne, to the mouth of the said river Lackawaxen, with a channel not less than twenty feet wide and eighteen inches deep, for arks and rafts, and of sufficient depth of water to float down boats of the burthen of one hundred bar- rels, or ten tons : Provided^ That no toll shall be demanded for any boat, vessel, or craft in ascend- ing said stream of water, unless the same is con- verted into a complete slack water navigation, as is authorized by this act. Sec. 2. And be it further enacted by the au- thority aforesaid. That if any person or persons shall be injured by means of any dam or dams being erected under the provisions of this act, or the land of any person shall be inundated by swelling the M'ater by means of any dam or dams, or any mill or other water works injured by swelling the Avater into the tail race of any such mill or other water works, which may have been erected in the said river Lackawaxen, or the branch thereof which the said Maurice Wurts, his heirs and assigns, may use for the improve- ments authorized by this act; and if the said Maurice _ Wiu-ts, his heirs and assigns, cannot agree with the owner or owners thereof as to the compensation to be paid for such injury, the same proceedings shall be had as is provided in the fourth section of this act; and the persons or jury valuing the damages, having been first sworn or affirmed, justly and impartially to assess the same, shall take into consideration the advan- tages which may be derived by such owner or owners from the navigation aforesaid, and if the owner of any such land, mill or water works shall be apprehensive that the same will be in- jured by any dam or dams then about to be erected by the said Maurice Wurts, his heirs or assigns, such owner may require the said Maurice Wurts, his heirs or assigns, to give to him suffi- cient security for the payment of any damages that may be thereafter awarded to him under the provisions of this act, for or by reason of injury arising to him from such dam or dams ; and after such requisition shall have been made in writing, it shall not be lawful for the said Maurice Wurts, his heirs or assigns, to proceed in the erection of such dam or dams, until such security shall have been given; and if the parties cannot agree upon the amount and sufficiency of the security, the same shall be judged of by the Court of- Common Pleas of the county in which such land, mill or water works may be situated. And Wheeeas, on examination, and survey, it may appear to the said Maurice Wurts, his heirs or assigns, practicable and expedient to make a slack water navigation between the points afore- said : Therefore, Sec. 3. Be it further enacted by the authority Authorized to aforesaid. That it shall and may be lawful for the water navfla- said Maurice Wurts, his heirs and assigns, if they "™" shall think proper, to make a complete slack water navigation from or near Wagner's Grap, aforesaid, or from or near Rix's Gap, aforesaid, to the river Delaware, at or near the mouth of the 6 Powers and privileges. river Lackawaxen, so as to admit a safe and easy passage for loaded boats, arks and other vessels, up as well as doM^n the said river Lackawaxen, and any one of the streams emptying into the same, which the said Maurice Wurts, his heirs or assigns, may deem most suitable for such naviga- tion, or by means of such collateral sluices and locks as they may devise for the purpose. And for the purpose of making such slack water nav- igation, the said Maurice Wurts, his heirs and assigns, shall have and possess the same powers, privileges and authority as is given to them by the first section of this act, to enable them to make a descending navigation. May enter in and irpon, and occupy land, paying Mode of aecer- taining dam- ages when par- ties cannot agree. Sec. 4. And be it further enacted by the au- thority aforesaid. That whenever it shall be ne- cessary for the said Maurice Wurts, his heirs or assigns, to enter in, and upon, and occupy, for the purposes of said navigation, any land which may be suitable and necessary for erecting a lock, sluice, canal, tow-path, or other device ; if the owner or owners of such land shall refuse to permit such entry and occupation, and the par- ties cannot agree upon the compensation to be made for any injury, or supposed injury, that may be done to the same^ it shall and may be lawful for the parties to appoint five suitable and judicious persons to estimate such damage, who shall be under oath or afiirmation, fairly and impartially to estimate the same, and shall reside within the proper county where the land lies : But if they cannot agree upon such persons or if the owner of such land shall neglect or refuse to join in such appointment within twenty days after requisition for that purpose upon him made, or if such owner shall be feme covert, under age, non compos mentis, or out of the State ; or if the persons, or a majority of the per- sons appointed by the parties shall not, within 5 thirty days after receiving notice of their appoint- ment, file a report of their estimate in the Pro- thonotary's Office of the Court of Common Pleas of the county where the land lies, then, and in either of these cases, either of the parties may apply to the Court of Common Pleas of the proper county where the land lies, and the said court shall award a venire, directed to the sheriff, requiring him to summon a jury of disinterested men, in order to ascertain and report, under their oaths or affirmation to the said court, what dam- ages, if any, will be sustained by the owner or owners of said ground by reason of such lock, canal, sluice, tow-path, or other device passing through his, her, or their land, which report, on being confirmed by the court, shall be taken as the measure of damage in such case: Provided, pro-vieoasto that either party may appeal to the court within "'^"'^ ' thirty days after such report may have been filed in the Prothonotary's office of the proper county, in the same manner as appeals are allow- ed in other cases, and the court shall direct an issue to be formed to try the fact. And it shall ^^^^ ^^ .^^^ be the duty of the jury, or five appraisers, as the ""^ appmisers. case may be, in- valuing any land, or in estimat- ing the damage that may be done to the same, to take into consideration 'the advantages that will arise to the owner or owners thereof, from the said navigation. And on payment by the said Maurice tVurts, his heirs or assigns, to the owner or owners of such land, of the sum awarded by the five appraisers, or by the report of the jury, or by final judgment on appeal from such report, as the case may be, then it shall be lawful for the said Maurice Wurts, his heirs or assigns, by themselves, their superintendents, engineers, ar- tists or workmen, to enter in and upon and occupy such land for the purposes of said navi- gation, and there to dig, construct, make and erect such lock, sluice, canal, tow-path, or other device, as they may deem necessary. 8 May GDter into and upon lands to procure ma- teiials. Damages, &c., how assessed. Either party may appeal. Proviso as to flving security or the payment of materials previous to their being re- moved. Sec. 5. And be it furtlier enacted by tlie au- thority aforesaid, That the said Maurice Wurts, his heirs and assigns, by and with their superin- tendents, engineers, artists, workmen and laborers, with their tools, instruments, carts, wagons and other carriages, and beasts of draiaght and bur- den, may enter upon the lands contiguous and near to the said river Lackawaxen, and the branch thereof which they may select for their improvements, giving notice to the owners or occupiers of such lands, and from thence take and carry away any stone, timber, gravel, sand, earth, or other material, doing as little damage thereto as possible, and repairing any breach they may make in the enclosures thereof, and making amends for any damages that may be done there- on, and paying for the materials so taken away, the amount whereof, if the parties cannot agree, shall be assessed and valued by any three disin- terested freeholders residing in the neighborhood, under oath or affirmation, to be appointed by the parties, or if they cannot agree in their appoint- ment, then to be appointed by any disinterested justice of the peace of the proper county. And it shall be the duty of the said freeholders, to file a report of their assessment within seven days after they shall have agreed upon the same, with a neighboring justice of the peace, by whom the . same shall be entered upon his docket ; and the said freeholders shall, also, within the said seven days notify each of the parties, or the agent or attorney of the respective parties, of the name of the justice of the peace with whom their report has been filed, and either party may appeal from said report to the court of Common Pleas of the proper county, at any time within thirty days after the same shall have been so filed : Provided however^ That the owner of any stone, timber, gravel, sand or other material which the said Maurice Wurts, his heirs or assigns, may be alaout to remove as aforesaid, may require the said Maurice Wurts, his heirs or assigns, to give to him sufficient security for the payment of such valuation as may afterwards be put upon the same, or so much of the same as may "be removed and appraised under the provisions of this sec- tion, and after such requisition shall have heen made in wi-iting, it shall not he lawful for the said Maurice .Wurts, his heirs or assigns, to re- move any of the said materials, until such secu- rity shall have been given, the amount and suffi- ciency whereof, if the parties cannot agree upon the same, shall be judged of by any disinterested justice of the peace of the township in which such materials may be situated. Sec. 6. And be it further enacted by the au- thority aforesaid, That the said Maurice Wurts, his heirs and asigns, shall cause the guard walls, Dams not to be locks, gates and canal, to be erected and made at twrstrlamfun- each respective situation, before the dam, intend- '''' *''■ ed for such situation, and to which the same are to be appurtenant, shall be extended into the stream so as to interfere with the rafting channel thereof. Sec. 7. And be it further enacted by the au- thority aforesaid. That it shall be the duty of the said Maurice Wurts, his heirs and assigns, to make construct and fix suitable and sufficient slopes, aprons, , " - , 1 T • ill &c., to be con- slopes and aprons, or other devices, at each and stmcted. every dam which he or they shall or may erect under the provisions of this act, in such place and part of the channel of the stream, and in such manner as shall enable rafts of any descrip- tion, that can now be run in the other parts of the stream, when the same is in good rafting cbndition, to pass with safety over such dam or dams. And in case the said Maurice Wurts, his penalty for neg- heirs or assigns, shall neglect or refuse to make l^fSfconsfruci and fix such slope or slopes, apron or aprons, o™>-«i»p^«. 2 8 10 device or devices as aforesaid, at any dam or dams by him or them constructed as aforesaid, or shall for a term of nine months, after notice in writing, neglect or refuse to amend, repair or re- construct any slope, apron or other device of their own construction, which shall or may have be- come out of repair, he, the said Maurice Wurts, How recover- j^-g j^gj^g qj. asslgns, shall bc liable to pay a fine not exceeding one hundred dollars, to be recov- ered before any justice of the peace of the proper county, to the use of such person or persons as shall have sustained damages by such neglect ; and in case the said neglect shall be continued until the rect damYto be iicxt court of quartcr sessions, after the expira- Mrtoin^res.'" tiou of thc Said nine months, then and in such case the said Maurice Wurts, his heirs or assigns, shall be liable to prosecution by indictment for the same, and on conviction thereof, it shall be lawful for the court to order the dam or dams, where such neglect shall have occurred, to be pulled down, destroyed, and completely removed out of the rafting channel of the stream, and the expense incidental to the pulling down or re- moval of such dam or dams, shall be paid by the said Maurice Wurts, his heirs or assigns ; and the f/^'i'd'on toii'^ service of process under the provisions of this gatherer. sBctiou, upou the toU gatherer in the proper county, at or nearest to the place where the neg- lect shall have occurred, shall be as good and as available in law, as if served upon the said Proviso, Maurice Wurts, his heirs or assigns: Provided, however, That this section shall not be construed •to extend to or effect any dam or dams erected by the said Maurice Wurts, his heirs or assigns, at or above the highest point or place from which rafts can or do now run in the present natural or unimproved state of the river : And 9d Proviso. provided further, That this section shall not be so construed as to authorize boats, arks, craft or other vessels above the burthen of three tons, 9 11 laden witli mercliandise to evade tlie payment of the tolls fixed in tMs act, by passing over the slopes or aprons appurtenant to any dam. Sec. 8. And be it further enacted by the au- thority aforesaid, That vrhenever any sluice or wheret'ffrdor canal shall cross any public or private laid out DSfellaTy.^"" road or highway, or shall divide the grounds of any person or persons into tvs^o parts, so as to require a ford or bridge to cross the same, the appraisers or jury who shall inquire of the dam- ages to be sustained in the manner directed by the fourth section of this act, shall find and ascertain whether a passage across the same shall be admitted or maintained by a ford or bridge, and on such finding the said Maurice Wurts, his heirs and assigns, shall cause a ford to be ren- dered practicable, or a bridge fit for the passage of wagons and carts, to be built and forever thereafter to be maintained and kept in repair, at all and every place or places so ascertained by the said appraisers and jury, at the cost and charges of the said Maurice Wurts, his heirs and assigns, but nothing herein contained shall pre- vent any person from erecting and keeping in repair, any foot or other bridge across any sluice or canal at his own expense when the same shall pass through his ground: Provided^ That such ^''°^^'>- foot or other bridges so to be erected by the owners of such land shall not interfere with any sluice or lock or other works of the said Maurice Wurts, his heirs and assigns. Sec. 9. And be it further enacted by the au- ^tiued'ton^e" thority aforesaid, That the said Maurice .Wurts, t^ewaterpower his heirs or assigns, shall have the privilege and be entitled to use the water power from the said river Lackawaxen and the branch thereof which they may use for the making of the navigation authorized by this act, and from their sluices or canals to propel such machinery as they may 10 12 Proviso. Descending ntivigation. When viewers naay l)e appoint- ed and license issued. think proper to erect on tlie land which they may previously have purchased from the owner or owners, or may sell in fee simple, rent, or lease for one or more years, the said water power to any person or persons, to be used in such manner and on such terms as they may think proper : Provided^ It he done so that it shall not at any time impede or interrupt the navigation. Sec. 10. And he it further enacted hy the au- thority aforesaid. That as soon as the said Maurice Wurts, his heirs and assigns shall have completed ten miles of the descending navigation authorized hy this act, and so from time to time as they shall complete other ten miles, they may give notice thereof to the Governor of the Com- monwealth, who shall thereupon forthwith ap- point three skillful, judicious and disinterested persons, having practical knowledge of river navigation, to view and examine the same, and to report to him in writing, under oath or affir- mation, whether the said navigation is completed in the manner aforementioned, according to the true intent and meaning of this act, and if the report of them, or a majority of them shall be in the affirmative, then the Governor shall, by license, under his hand and the lesser seal of the Commonwealth, permit and suffer the said Maurice Wurts, his heirs or assigns, or such person or persons as they shall from time to time appoint as toll collectors, or their deputies, to demand and receive of and from the person or persons having charge of any boat, vessel, ark, craft, or raft passing through any lock in said navigation, such tolls and rates for every ton weight of the ascertained burthen of the said boat, vessel, ark or craft, and for every one thousand feet, board measure, of boards, timber, plank or scantling, and for every ton weight of shingles, or other material in rafts, as the said 11 13 Maurice Wurts, bis heirs and assigns, may think proper: Provided, That tlie said toll shall not, fourtounotlx' in the whole, exceed tHe toll of three cents per mue &T'^'""' mile for every ton of the ascertained burthen of such boat, vessel, ark or craft, and one-half that rate for every one thousand feet, board measure, of boards, timber, plank or scantling, and for every ton weight of shingles or other material in rafts: And provided also, That where any dam, ^^p™™"- erected by the said Maurice Wurts, his heirs or assigns, at any point or place now passable or used for rafting purposes in the present natural or unimproved state of the stream, shall not be so constructed by means of a slope or other de- vice, as to afford a safe and convenient passage over the same for rafts of timber, boards, scant- ling or shingles, when the stream in other re- spects is in a good rafting condition, such rafts of timber, boards, scantling or shingles, if they do not carry some article of merchandise, shall be permitted to pass the locks appurtenant to such dam, free from toll. Sec. 11. And be it further enacted by the au- siack water thority aforesaid. That if, in pursuance of the au- "'''"s**'""- thority herein given, the said ,Maurice Wurts, his heirs or assigns, shall determine to make a slack water navigation, then so soon as they shall have perfected one lock therein, and so from time to time as they shall perfect one additional lock they may give notice thereof to the Governor of the Commonwealth, who shall thereupon ap- point three skillful, iudicious and disinterested when viewers persons, having practical knowledge oi river nav- edbythegover- igation, to view and examine that part said to be completed, and report to him in writing, under oath or affirmation, whether the said navigation is so far executed in a masterly and workman- like manner, according to the true intent and meaning of this act; and if at any time their 12 14 Rate of tollE. Proviso. report, or the report of a majprity of them, shall be in the affirmative, then the Governor shall, by mi"!""""*'' ''" license, under his hand and the lesser seal of this Commonwealth, permit the said Maurice Wurts, his heirs and assigns, or such person or persons as he or they shall from time to time appoint as toll collectors, or their deputies, to demand and receive of and from the person or persons having the charge of any boat, ark, vessel, or other craft, passing through any lock erected by them in the completion of said navigation, twelve and one- half cents upon each and every ton of the ascer- tained burden of such boat, ark, vessel or other craft, and one-half of the same for every thousand feet board measure, of boards, timber, plank or scantling, and for every ton weight of shingles or other material in rafts : Promded^ That where any dam, erected by the said Maurice Wurts, his heirs or assigns, at any point or place now pass- able or used for rafting purposes in the present natural or unimproved state of the stream, shall not be so constructed, by means of a slope or other device, as to afford a safe and convenient passage over the same for rafts of timber, boards, scantling or shingles, such rafts of timber, boards, scantling or shingles, if they do not carry some article of merchandise, shall be permitted to pass the locks appurtenant to such dam free from toll : 2d Proviso when And provided also, That if, at the expiration of tolls shall be re- , n. -t i i , .-*■,. , -■-. duced. two years after said slack water navigation shall be completed, the tolls should enable the said Maurice Wurts, his heirs and assigns, after pay- ing _ all repairs and other necessary expenses, to divide more than nine per centum per annum on the capital sum expended, then and in such case the tolls shall be so reduced that the dividends shall not exceed nine per cent, and shall so con- tinue for five years ; and if, at the expiration of that time, they shall exceed fifteen per cent., they shall be so reduced as not to exceed fifteen per 13 15 cent., and shall at that period be so regulated from time to time," as not to exceed fifteen per cent, per annum; and if at any time after the ex- b^rafsed""""^ piration of two years from the completion of the said work the net profits aforesaid shall not amount to nine per cent, upon the money ex- pended in the said work, it shall be lawful for the said Maurice Wurts, his heirs or assigns, to raise the said tolls, so as to divide nine per cent. Sec. 12. And be it further enacted by the au- ^8°elhi°^di dams thority aforesaid. That in order to ascertain tfructed* a^e": whether any dam or dams, erected under the au- "'''y '" *'^ ^'^*- thority of this act, have been constructed in the manner contemplated by the seventh section of this act, and also by the second proviso to the tenth, and the first proviso to the eleventh sec- tion of this act, it shall be the duty of the court of Common Pleas of the county in which any dam may be situated, on complaint of any citizen to said court, setting forth that such dam is not so constructed as to afford a safe and convenient passage over the same for rafts of timber, boards, scantling or shingles, to appoint three reputable, judicious and disinterested persons to view and examine the same, and to report to the said court in writing, under oath or affirmation, whether the dam so complained of, is or is not so constmcted as to afford a safe and convenient passage over the same for rafts of timber, boards, scantling or shingles ; and if their report, or a report of a majority of them shall be in the affirmative, then it shall be lawful for the said Maurice Wurts, his heirs and assigns, to demand and receive from the person or persons having charge of any raft of timber, boards, scantling or shingles, passing through the lock appurtenant to such dam, toll according to the rate above established ; but if their report or the report of a majority of them shall be in the negative, then such rafts of timber, 14 Mode of aecer- taining and marking the size of rafts and tonnage of boats. boards, scantling or shingles, unless they carry some article of merchandise, 'shall be permitted to pass through the locks appurtenant to such dam, free from toll, until the same be made pass- able for rafts in the manner contemplated by the provisos above mentioned. And it shall be law- ful for the said Maurice Wurts, his heirs or assigns, to apply in like manner, at all times, ta the court of Common Pleas of the pro2:)er county, for the appointment of viewers, and upon such application, the like proceedings shall be had as are above directed, upon the application and complaint of any citizen. Sec. 13. And be it further enacted by the au- thority aforesaid. That in order to ascertain the size of arks and rafts and the tonnage of boats, using and passing the said navigation, and to prevent disputes between the supercargoes and collectors of tolls concerning the same, upon re- quest of the owner, skipper or supercargo of such boat, raft or ark, or of the collector of said tolls, at any lock uj)on the said navigation, it shall and may be lawful for each of them to choose one skillful person to measure and ascertain the size of said raft or ark, and the tonnage the said boat is capable of carrying, and to mark the said ton- nage so ascertained in figures, upon the head and stern of said boat, in colors mixed with oil or other durable matter, and the said boat or vessel, so measux-ed and marked, shall be permitted to pass through the said locks for the price to which the number of tons, so marked on her, shall amount, agreeably to the rates fixed in the man- ner aforesaid; and if the owner, skipper or super- cargo of any ark, raft or boat shall decline choos- ing a person to ascertain the tonnage thereof, then the amount of such tonnage shall be fixed and ascertained by the person appointed for that purpose by the said Maurice Wurts, his heirs or 15 17 owners, assigns, or chosen by the said collector of tolls, casethfo°lnc and the tolls shall be paid according to such f^ohs^^^Il measurement, before any such raft, ark or boat " °°™^' shall be permitted to pass the place where such toll is made payable. Sec. 14. And be it further enacted by the au- thority aforesaid, That if any person or persons shall wilfully and knowingly do any act or thing whereby the navigation shall be impeded, or any dam, lock, gate, canal, engine, machine, property penalty for im- or device whatsoever thereunto belonging, shall gon™i™Sg be injured or damaged, he, she, or they so offend- '"^y^""^^^"- ing, shall_ forfeit and pay to the said Maurice Wurts, his heirs and assigns, four times the amount of the damages by them sustained, to- gether with costs to be recovered ,by action of debt before a justice of the peace, or in any court of competent jurisdiction. Sec. 15. And be it further enacted by the au- ?ij^™ck°°^ °' thority aforesaid. That the locks shall be, in the clear, at least eighteen feet wide, and sixty -four feet in length ; and it shall be the duty of the master or commander of any boat, ark or other Duty of master vessel passing said navigation, when he shall *uip°t''^'™' "■ arrive within one-fourth of a mile from any lock so erected, under the penalty of two dollars, to blow a trumpet or horn, whereupon the keeper of such lock shall attend for the purpose of opening the gate or sluice to let the said boat, Jeepe?! Jf'' the ark or other vessel pass without unnecessary '°'=''^- delay, and in safety; and if any boat, ark, or other vessel shall be prevyented from passing up or down any of said locks or sluices, by reason of the lock not being raised for more than thirty minutes, the said Maurice Wurts, his heirs and as- signs, shall, on conviction thereof, before any jus- tice of the peace of the proper county, forfeit and pen^ity for pay to the person so hindered, the sum of one '^»*s"'s'-'- dollar for every thirty minutes beyond the said 3 not locks. 1« 18 time, that he shall be so prevented, and- in the same proportion for any longer or shorter time, and the service of any civil process upon the toll gatherer in the proper county, and next to the place where the offence shall have been commit- ted, shall be held as good and as available in law as if served upon the said Maurice Wurts, his heirs and assigns. klepinUamr Sec. 16. And bc it farther enacted by the au- fnd'iotTemov- thority aforesaid, That if the said Maurice ing oijstacies. ^Yu^j.^g^ }iis hcirs or assigns, shall neglect or refase to keep in repair and good order, any dam, lock or shiice of their own construction, or shall neglect to remove any obstacle which may oc- cur, so that boats, arks, rafts or other vessels may safely use said navigation in the manner provided by this act, the said Maurice Wurts, his heirs and assigns, shall for every such offence, forfeit and pay the sum of one hundred dollars, to be recov- ered in the same manner as debts of equal amount are by law recoverable before a justice of the peace of the proper county where the offence andpayabi™ shall be Committed, one-half to the use of the in- former, and the other half to the use of the poor of the township or county where the neglect may occur, and' the service of process upon the toll gatherer in the proper county, and next to the place where the offence shall have been com- mitted, shall be held as good and as available in Proviso ■'^^ ^^ ^^ served on the said Maurice "Wurts, his heirs or assigns : Provided^ That the payment of such penalty shall not be taken to exempt the said Maurice Wurts, his heirs and assigns, from their responsibility to any person who may be injured by such refusal or neglect. rrekgpTr.T; Sec. 17. And be it further enacted by the au- fodS^&Sfwith- thority aforesaid. That if any owner, skipper, or out paying tolls gupercargo of any boat or ark, craft or raft, shall pass by any place appointed for receiving tolls, 17 How recovered. 19 without making payment thereof according to the provisions of this act, and with intent to defraud the said Maurice Wurts, his heirs and assigns, out of such toll, he, she or they so offending shall for- feit and pay for every time they shall so pass by each appointed place, to the said Maurice Wurts, his heirs and assigns, the sum of twenty dollars, to be sued for and recovered by action of debt, before any justice of the peace, in like manner, and subject to the same rules and regulations as debts under one hundred dollars may be sued for and recovered, together with the costs of suit. Sec. 18. And be it further enacted by the au- derwharcon^I thority aforesaid, That at the expiration of thirty Mnremay^lt •' n ,1 ' f l^ • j_ A.^ • ^ sume all the years irom the pasaage oi tnis act the said rights ana iiter- Maurice Wurts, his heirs or assigns, shall render, twl S"''' ^ under oath or affirmation, to the legislature, an exact account of the amount of money expended by them in making said navigation and in keep- ^ ing the same in repair, and also of the amount of ' tolls received by them during that time. And if it shall thereupon appear that the tolls during that time have amounted to so much above six per centum per annum on the amount of moneys so expended in making and keeping in repair said navigation, as will be equal to the capital sum so expended, then the legislature niay resume all the rights, liberties and franchises hereby granted; but if it shall appear that the tolls during that time have not amounted to so much above six per centum per annum on the amount of money so expended in making and in keeping in repair said navigation, as will be equal to the capital sum so expended, then it shall be lawful for the legislature, on payment to the said Maurice Wurts, his heirs or assigns, of the difference or deficiency, to resume all the Repealed by rights, liberties and franchises hereby granted; i^iifaofST and in case of such resumption, the legislature 18 ten years. 20 shall be bound to fulfill all and singular, tlie ob- ligations enjoined by this act on the said Maurice Wurts, his heirs or assigns. And if neither the descending nor the slack water navigation au- thorized by this act, shall be completed within TOmpfSin^" ten years from the passage thereof, then the ' legislature may resume all the rights, liberties and franchises hereby granted to the said Maurice Wurts, his heirs or assigns. JOSEPH LAWRENCE, Speaker of the House of Representatives. WILLIAM MARKS, Jr., Speaker of the Senate, Appeoved — ^the thirteenth day of March, one thousand eight hundred and twenty-three. JOSEPH HIESTER. See Pamphlet, Laws of Pennsylvania, for the 'Session, 1822-23, Page 74. 19 21 AN ACT To Incorporate the President, MANAaEKs anp Company of the Delaware and Hudson Canal Company. Passed April 23, 1823. Whereas, it is desirable that a channel should freamwo. be opened, through which the city of New York, and other parts of this state, may receive a sup- ply of stone coal, which is found in the interipr of the State of Pennsylvania : And whereas, there is a large body of this valuable article, belonging to Maurice Wurts, in the said state of Pennsyl- vania, situated near the head waters of the river Lackawaxen, which empties into the river Dela- ware, opposite the county of Sullivan; and the legislature of that state has recently passed an act, authorizing the above named individual to improve the navigation of the said river: And whereas, it is represented that a water communi- cation can be formed between the rivers Dela- ware and Hudson, through the counties of Orange, Sullivan, and Ulster, or some one or more of them, so that a supply of this coal may be had from the source aforesaid ; and a number of the citizens of this state have petitioned the legislature to incorporate a company for the pur- pose of making such a communication between the said rivers : Therefore, I. Be it enacted by the People of the State of commissioners New York, represented in Senate and Assembly, ac."^™ ^°°^' That for the purpose of cutting a canal, and making a complete slack water navigation, be- tween the rivers Delaware and Hudson, it shall 20 Pioviao. 22 be lawful to open books for receiving and enter- ing subscriptions to the amount of five hundred thousand dollars, in shares of one hundred dollars each share, under the management and superin- tendence of G. B. Vroom, Philip Hone, Lynde Catlin, Jonathan Thompson, GraiTet B. Abeel, George Janev\^ay, and Elisha Tibbits of the city of NeM^ York, or any three or more of them in the city of New York ; and under the manage- ment and superintendence of George D. Wickham and Hector Craig, of the county of Orange, and Abraham Hasbrouck and John C. Broadhead, of the county of Ulster, or any two of them, at such place or places within the counties of Orange, Sul- livan, or Ulster, as they, or any two of them may deem expedient ; the said books shall be opened at such time as the above named commissioners may think most suitable, of which they shall give at least thirty days notice, by advertisement insert- ed in at least tAvo newspapers printed in the city of New York, and one newspaper printed within the counties of Orange, Sullivan, or Ulster, and they shall continue open for the space of thirty days, if the whole number of shares aforesaid should not sooner be subscribed ; and if, at the expiration of that time, the whole number of shares aforesaid, or any part thereof, shall not have been subscribed, then it shall be lawful for the commissioners above named, to adjourn from time to time, and place to place, until the whole number of shares shall be subscribed, of which adjournment they shall give such public notice as the occasion may require: Provided^ That every person offering to subscribe to the said stock, shall previously pay to the attending com- missioners, the sum of five dollars for every share by him subscribed, out of which shall be defrayed the expenses attending the taking of such subscriptions, and other incidental expen- ses, and the remainder shall be paid by the said 21 L>8 commissioners to the treasurer of the corporation hereby created, as soon as the same shall be or- ganized, and the officers chosen, as hereinafter mentioned. II. And be it further enacted, That whenever corporation cro two thousand shares shall have been subscribed, as aforesaid, the persons so subscribing, and those who may thereafter subscribe to the stock of the company hereby incorporated, shall be and they are hereby made and constituted a body politic and corporate, by the name, style, and title of "The President, Managers and Compr.ny of the Delaware and Hudson Canal Company ; " and by ^°'^°^l^^'''^^ that name shall be capable of perpetual succes- powers. sion, may sue and be sued, defend and be de- fended, in law and equity, in all eouits whatso- ever, may have and use a common seal, such as they shall devise, and the same may alter and change at pleasure ; and may make and establish such by-laws, rules and regulations as shall from time to time appear necessary and convenient for the good government of said corporation, and the due management of their property, interests and affairs : Provided the same be not repugnant to ProTiao. the constitution and laws of this state, or of the United States ; and shall be capable of taking and holding their capital stock, and the increase and profits thereof, and of enlarging the same from time to time, by new subscriptions, in such manner and form as they shall think proper, un- der the same rules, regulations, and penalties, however, as are or may be imposed on the orig- inal subscribers, if such enlargement shall be found necessary to fulfill, the intention of this act; and shall be capable, also, of purchasing, taking and holding, to them, their successors and assigns, in fee simple, or for any less estate, all such lands, tenements, hereditaments, and estate, real , and personal, as shall be necessary to them in 22 24 the prosecution of their works, and generally shall have power to do and execute, all and sin- gular, the acts, matters and things, which to the said corporation it may appertain to do, under the regulations, restrictions, limitations, and pro- visions herein prescribed and declared. III. And be it further enacted. That the man- agement of the concerns of the said corporation shall be entrusted to thirteen managers, who shall be stockholders; and the commissioners named in the first section of this act, or a major- ity of those of them who may attend to the re- Manageis ceiviug of suT)i-criptions, shall designate the time and place of holding the election for the first board of managers, and give reasonable notice thereof; and the said commissioners, or a major- ity of. them, as aforesaid, shall be inspectors of said election, and shall certify under their hands, the names of those duly elected, and shall de- liver over to them the subscription books ; and the managers so elected shall hold their office for one year after their election, as aforesaid, or until others shall be elected in their places ; and that, at the first, and all subsequent elections for managers of said company, each share shall en- title, the holder to one vote : Provided, however^ That no transfer of stock shall entitle any person to vote, unless such transfer of stock shall have been entered upon the books of the corporation, at least three days previous to the election at which the vote is ofli'ered. Dioctions. IV. And be it further enacted, That all elec- tions for managers, after the first, shall be held annually, at such times and places, and under such regulations, as shall be prescribed by the by-laws of the corporation ; and the board of managers shall give thirty days notice of each , and every election, by advertisement in at least two of the newspapers of the city of New York ; 23 Vacancies. 25 and all elections shall be by ballot, by the stock- holders, either in person or by proxy; and the persons who shall have the greatest number of votes shall be the r&anagers ; and if two or more persons shall have an equal number of votes, then the said commissioners, at the first election, and afterwards the managers in ofiice, at any future election, or a majority of them, shall, by a plurality of ballots, determine which of the said persons so having an equal number of votes, shall be a manager or managers, so as to com- plete the whole number to be elected ; and all vacancies that may occur by death, resignation, or otherwise, in the board of managers, shall be filled, for the remainder of the year in which they shall happen, by such person or persons as the residue of the managers, or a majority of them shall appoint ; and the corporation hereby created shall not be dissolved, by reason of not holding an annual election on the day prescribed by the by-laws ; but it shall be lawful for the board of managers to provide for and direct an election on any other day, in case the stockholders shall neglect to make an election on the day fixed by the by-laws ; and until such provisional election, the managers for the time being shall continue to discharge the duties of their office. V. And be it further enacted, That the man- fg'^f'J|°*^^^;^jg. agers shall choose a president, a secretary and urer. treasurer, to hold their offices during the pleasure of the board; and a majority of the managers shall be a quorum for the transaction of business; and the said . managers shall have power to de- ^1,^^ "' ■"^''- clare the stock of such persons as shall neglect to pay for the same, according to the terms of the subscription, and all previous payjnents thereon to be forfeited to the use of the said company, or may sue for, and recover from such delinquent subscribers and stockholders, the amount due on 4 24 26 Meetings, &c. Managers- such stares, in an action of assumpsit, in any court having cognizance thereof, whether any payment shall have Been made by such delin- quent subscriber on such stock or not ; and no stockholder, whether an original subscriber, or an assignee, shall he entitled to vote at any elec- tion, or at any general or special meeting of the said company, on whose share or shares any in- stallment or arrearages may be due and payable more than thirty days previously to such election or meeting. VI. And be it further enacted, That the board of managers shall meet at such time and places as shall be found most convenient for the trans- acting of their business ; and, when met, in the absence of the president, may choose a chair- man ; and they shall keep minutes of their trans- actions fairly entered in a book ; and a quorum being formed, they shall have full power and authority to appoint all such surveyors, engi- neers, superintendents, and other artists and officers, as they shall deem necessary to carry on their intended works, and to fix their salaries and wages; to ascertain the times, manner, and proportions in which the stockholders shall pay the monies due on their respective shares; to draw orders on the treasurer: Provided, That such drafts or orders be signed by the president, or in his absence, by a majority of the quorum present ; and generally to do all such other acts, matters and things, as, by this act, and by the by- laws and regulations of the company, they may be authorize(l to do, stock tmnsfera- ^^- "^^^*^ ^^ i* further enacted. That the man- M"- agers first chosen shall procure certificates or evidence of stock for all the shares of the said company, and shall deliver one such certificate, signed by the president, and countersigned by the treasurer, and sealed with the common seal of proviso. 25 27 the said corporation, to each person, for eveiy share by him subscribed, and held ; which certi- ficates or evidence of stock shall be transferable at the pleasure of the holder, in person, or by attorney duly authorized, in presence of the pres- ident or treasurer, each of whom shall keep a book for that purpose, subject, however, to all payments due, or to become due thereon ; and the assignee holding any certificate, having first caused the assignment to be entered in a book of the company, to be kept for the transfer of stock, shall be a member of the said corporation, and for every certificate assigned to him as aforesaid, shall be entitled to one share of the capital stock, and -to all the estates and emoluments of the company, incident to one share, and to vote as aforesaid, at the meetings thereof, and' shall be subject to all the forfeitures, and to being sued for all the balance due or to become due on each share, as the original subscribers would have been. VIII. And be it further enacted, That, the cor- g^fe""'"* poration created by this act, be, and they hereby are authorized and empowered to make, construct and forever maintain, a canal or slack water nav- igation, of suitable width, depth and dimensions, to be detel-mined by the said corporation, from such point on the river Delaware, within the jurisdiction of this state, through any one or more of the counties of Orange, Sullivan and Ulster, to such point on the river Hudson as the said corporation shall judge best; said corpora- tion may form and construct a towing path, or paths, all necessary locks, aqueducts, culverts, dama, waste weirs, and toll houses, artificial har- bors for boats, side cuts or lateral canals, con- nected with said basins, or with the said Dela- ware or Hudson river, at such place or places, as shall be found expedient, and all necessary 2U 28 feeders from said rivers, or from other streams, if more convenient, and all other works, incident to or necessary and convenient for constructing, maintaining, and repairing said canal or naviga- tion. foTatogfanai IX. And be it further enacted. That said cor- poration may purchase, and forever hold, any, and all lands and real estate necessary for con- structing, maintaining and rejDairing said canal, and the works connected therewith, as aforesaid ; and may also receive, hold, and take, all volun- tary grants and donations of real estate and lands which shall be made to them, to aid the objects of said corporation; and whenever, in either of the ways aforesaid, said corporation shall become possessed of and own any lands and real estate which it may be unnecessary for them to retain for the j)urposes aforesaid, it shall be lawful for them to lease, occupy, alien and convey the same, by lease or deed, Avith their seal affixed thereto ; and to sell or lease any and all surplus waters of said canal, not wanted for the most commodious navigation thereof, on such terms, and for such purposes, as they shall deem expedient ; and for the purpose of assuring to said corporation, all the lands, real estate, and waters requisite for most economically constnict- ing and maintaining said canal, and the works connected therewith, and incident and necessary to the navigation of the same, whenever the said lands and waters shall not be obtained by volun- tary donation or fair purchase, it shall be lawful for said corporation, by their agents, superintend- ents, or engineers, to enter upon, take possession of, and use all such lands, real estate and streams, as shall be necessary for the purposes aforesaid ; and in case of disagreement between the man- agers of the company and any person or persons, owning any land or property which the said cor- 27 29 poration may so occupy as aforesaid, or wLicli may be injured by the necessary operations to ccJmplete sucla navigation, respecting the amount of the damages sustained by such person or per- sons, it shall be lawful for the parties to appoint five suitable and judicious persons, who shall be under oath or affirmation fairly and impartially to estimate the same, and who shall reside within the proper county where the land lies ; but if the parties cannot agree upon such persons, or if either party shall refuse or neglect to join in such appointment, within twenty days after requisi- tion for that purpose upon him made, or if the owner of such lands shall be feme covert^ under age, non compos mentis^ or out of the State, or if the person, or a majority of the persons appoint- ed by the parties, shall not, within thirty days after receiving notice of their appointment, file a a report of their estimate in the office of the clerk of the court of the county where the land lies, then, and in either of these cases, either of the parties may apply to the court of the county where the land lies: and the said court shall award a venire, directed to the sheriff', requiring him to summon a jury of disinterested men, in order to ascertain and report to the said court, under their oaths or affirmation, what damages, if any, have been sustained by the owner or owners of said land or property; which report being confirmed by the court, judgment shall be entered thereon, and execution may issue, in case of non-payment, for the sum awarded, with reas- onable costs, to be assessed by the court ; and it shall be the duty of the jury, or five appraisers, as the case may be, in valuing any land or prop- erty, or in estimating the damage done thereto, to take into consideration the advantages derived to the owner or owners of the premises from the said navigation passing through the same ; and it shall further be the duty of the said jury or 26 Proviso, 30 appraisers to describe and ascertain the bounds of the lands or premises by them valued, and annex the same to their report or appraisement : Provided^ always, That either party may appeal to the court of the county in which the premises are situated, within thirty days after such report may have been filed in the office of the clerk of the court of the county, in the same manner as appeals are allowed in other cases. And on pay- ment by the company to the owner or owners of the premises, of the sum awarded by the five ap- praisers, or by the report of the jury, or by final judgment on appeal from such report, as the case may be, the said company shall be seized in fee of the premises hy them occupied and used as aforesaid, as if the same had been conveyed by the owner or owners to them and their successors, in fee, hy legal conveyance. Penaitieafor X. And be it further enacted, That if any per- &<:. son or persons shall be mjured by means or any dam, or dams, being erected under the provisions of this act, or the land of any person shall be in- undated, by swelling the water by means of any dam, or dams, or any mill, or other water works, injured by swelling the water into the tail race of any such mill, or other water M^orks, which may have been erected on any stream that the corporation hereby created may use, for the im- provements authorized by this act ; and if the managers of the said corporation cannot agree with the owner or owners thereof, as to the com- pensation to be paid for such injury, the same pro- ceedings shall be had as is provided in the pre- ceding section of this act ; and the persons or jury valuing the damages having been first sworn or affirmed, justly and impartially to assess the same, shall take into consideration the advantages which may be derived by such owner or owners, from the navigation aforesaid. 29 81 XI. And be it further enacted, That the mana- Bntering on gers oi the said corporation, by and with their superintendents, engineers, artists, workmen and laborers, with their tools, instruments, carts, wagons and other carriages, and beasts of draught and burthen, may enter upon the lands contigu- ous and near to the track of the said intended canal or navigation, giving notice to the owners or occupiers of such lands ; and from thence take and carry away any stone, timber, gravel, sand, earth, or other material, doing as little damage thereto as possible, and repairing any breach they may make in the enclosures thereof, and making amends for any damages that jnay be done there- on, and paying for the materials so taken away, the amount whereof, if the parties cannot agree, shall be assessed and valued by any three disin- terested freeholders residing in the neighborhood, under oath or affirmation, to be appointed by the parties ; or, if they cannot agree in their appoint- ment, then to be appointed by any disinterested justice of the peace of the township ; and it shall be the duty of the said freeholders to file a report of their assessment, within seven days after they shall have agreed upon the same, with a neigh- boring justice of the peace, by whom the same shall be entered upon his docket ; and the said freeholders shall, also, within the said seven days, notify each of the parties of the name of the jus- tice of the peace with whom their report has been filed ; and either party may appeal from the said report to the court of the county, at any time within thirty days after the same shall have been so filed. XII. And be it further enacted, That it shall S^*"""' and may be lawful for the managers of the said company, as soon as the said canal and navigation, or any fifteen miles thereof, shall be completed so as to allow of the passage of boats, to appoint 30 ■Sl^ Proviso. such and so many collectoi's of tolls for tie pas- sage of boats and vessels in and through the same, and in such 2)laces as they shall think proper ; and that it shall and may be lawful for such col- lectors of toll, and their deputies, to demand and receive of and from the persons having charge of any, boat, ark, craft, raft, or other vessel, passing through the said canal and navigation, such toll and rates as the said managers f'.hall think proper, at any lock or other convenient place : Provided^ That the said toll shall not, in the whole, exceed the rate of eight cents per mile for every ton weight of the ascertained burthen or capacity of any boat, ark, craft or vessel laden with, or en- gaged in the transportation of stone coal, and one- half that sum for every ton weight of the ascer- tained burthen or capacity of any boat, ark, craft, or vessel laden with or engaged in the transport- ation of any other article of merchandise ; and the same for every hundred feet, cubic measure, of timber, and one thousand feet, board measure, of boards, plank or scantling, and for every five thousand shingles ; and so, in proportion, for any other distance and less number of locks. Powers of col- XIII. Aud be it farther enacted, That the col- lectors of tolls, duly appointed by the managers of the company, may stop and detain all boats, vessels, craft or rafts using the said canal and navigation, until the OA^ner, or commander, or supercargo of the same shall pay the toll so as aforesaid fixed ; and if any owner, skipper or supercargo of any boat or ark, craft or raft, shall pass by any place appointed for receiving tolls, without making payment thereof, according to the provisions of this act, and with intent to de- fraud the said company out of such toll, he, she or tliey so offending shall forfeit and pay, for every time thej^ shall so pass by each appointed place, to the said company, the sum of twenty 31 33 dollars, to be sued for and recovered by action of debt, in like manner and subject to the same rules and regulations as debts under fifty dollars may be sued for and recovered, together vs^itli the costs of suit. XIV. And be it fuither enacted, That in order to ascertain the tonnage of boats using and pass- ing the said navigation, and to prevent disputes j8ce?to!Eea°lc. between the supercargoes and collectors of tolls, concerning the same, upon the request of the owner, skipper, or supercargo of such boat, or of the collector of said tolls, at any lock or place appointed for receiving of tolls, upon the said navigation, it shall and may be lawful for each of them to choose one skillful person to measure and ascertain the tonnage the said boat is cap- able of carrying, and to mark the said tonnage so ascertained, in figures, upon the head and stern of the said boat, in colors mixed with oil or other durable matter; and the said boat or vessel so measured and marked, shall be permitted to pass through the said canal and navigation, for the price to which the number of tons so marked on her shall amount, agreeably to the rates fixed ill the manner aforesaid ; and if the owner, skip- per, or supercargo of any boat shall decline choosing a person to ascertain the tonnage thereof, then the amount of such tonnage shall be fixed and ascertained by the person appointed for that purpose by the managers of the corporation, or chosen by the said collector of tolls; and the tolls shall be paid according to such measure- ment, before any such boat shall be permitted to pass the place where such toll is made payable. XV. And be it further enacted. That if any toinrfestocanai person shall, wilfully and knowingly, do any act or thing whereby the navigation shall be impeded, or any°dam, lock, gate, canal, engine, machine, 5 32 Trumpets to be blown. 34 property or device whatsoever, thereunto belong- ing, shall be injured or damaged, he, she or they so offending shall forfeit and pay to the said cor- poration, four times the amount of the damages by them sustained, together with costs, to be re- covered by action of debt, before a justice of the peace, or in any court of competent jurisdiction. XVI. And be it further enacted, That it shall be the duty of the master or commander of any boat, ark, raft or vessel passing through said nav- igation, when he shall arrive within one-fourth of a mile from any lock erected in said navigation, under the penalty of two dollars, to blow a trumpet or horn, whereupon the keeper of such lock shall attend for the purpose of opening the gate or sluice, to let the said boat, ark, raft or other vessel pass, without unnecessary delay, and in safety ; and if any boat, ark, raft or other ves- sel shall be prevented from passing up or down any of said locks or sluices, by reason of the lock nx)t being raised, for more than thirty minutes, the said corporation shall, on conviction thereof before any justice of the peace of the proper county, forfeit and pay to the person so hindered, the sum of one dollar for every thirty minutes beyond the said time that he shall be so prevent- ed, and in the same proportion for any longer or shorter time ; • and the service of any civil process upon the toll-gatherer, in the proper county, and next to the place where the offence shall have been committed, shall be held as good and as available in law as if served upon the president of the said corporation. porSn."'' "°'" /"^VII. And be it further enacted, That if the said corporation shall neglect or refuse to keep in repair and good order, any dam, lock or sluice of their own construction, or shall neglect to re- move any obstacle which may occur, so that boats, arks, rafts or other vessels may safely use said 3:3 35 navigation, in the manner provided' by this act, the said corporation shall, for every such offence, forfeit and pay the sum of one hundred dollars, to be sued for and recovered in -any court of com- petent jurisdiction, one-half to the use of the in- former, and the other half to the use of the poor of the township or county where the neglect may occur; and the service of process upon the toll gatherer, in the proper county, and next to the place where the offence shall have been commit- ted, shall be held as good and as available in law as if served on the president of the said corpo- ration. XVIII. x\nd be it further enacted, That wher- Damag'^stobe T . T n 1 T appraisea. ever any sluice or canal made by the company hereby incorporated, shall cross any public or private laid out road or highway, or shall divide the grounds of any person or persons into two parts, so as to require a ford or bridge to cross the same, the appraisers or jury who shall inquire of the damages to be sustained, in the manner directed by the ninth section of this act, shall find and ascertain whether a passage across the same shall be admitted or maintained by a ford or bridge, and, on such finding, if in the affirma- tive, the said company shall cause a ford to be rendered practicable, or a bridge fit for the pas- sage of wagons and carts to be built, and forever thereafter to be maintained and kept in repair, at all and every place or places so ascertained by the said jury, at the costs and charges of the said company ; but nothing herein contained shall pre- vent any person from erecting and keeping in repair any foot or other bridge, across any sluice or canal, at his own expense, when the same stall pass through his ground : Provided^ That such profiso. foot or other bridges so to be erected by the own- ers of such land, shall not interfere with any sluice or lock, or other works of the said company. u 36 AccountB to tie kept. Capital Btock may be increas- ed. Accounts of toll, &c. XIX. And be it further enacted, That the managers of the said company shall keep fair and just accounts of all monies received by them from the commissioners named in the first section of this act, and from the subscribers to the company, on account of their several subscriptions, and the amount of the profits on the shares which may be forfeited, as aforesaid, and also of all monies by them expended in the prosecution of the said works; and shall, in every year, submit such accounts to the stockholders, at their annual meeting to choose, officers of the company; and the aggregate amount of such receipts and expen- ditures shall be ascertained, and if, upon such liquidation, or when the capital stock shall be nearly expended it shall be found that the said capital stock will be insufficient to complete the said navigation, and effect the objects designed by this act, according to the time intent and mean- ing thereof, it shall be lawful for the said mana- gers, with the concurrence of the stockholders, given at a stated or at a special meeting convened for the purpose, to increase the number of shares to such extent as shall be deemed sufficient to accomplish the work; and to I'eceive and demand the monies for shares so subscribed, in like man- ner and under like penalties as are hereinbefore provided for the original subscription, or as shall be provided by their by-laws. XX. And be it further enacted, That the said managers shall also keep a just and true account of all the monies received by their several and respective collectors of toll, and all other emolu- ments ; and shall make and declare a dividend of the clear profits and income thereof, among all the stockholders not in arrear to the company, all contingent costs and charges being first de- ducted ; and shall, on the first Monday in June, and the first Monday in December, in every year, 35 37 publisli the half-yearly dividends made of the clear profit, and the time when and where the same will be paid to the stockholders, not ex- ceeding twenty days thereafter, and shall cause the same to be paid accordingly. XXI. ,And be it farther enacted, That it shall ^Z7Xiji be lawful for the corporation hereby created, or ^"'■''' *''■ for the commissioners named in the first section of this act, if they shall think proper, to contract, for the use and benefit of said corporation, with Maurice Wurts, of the state of Pennsylvania, for the purchase of all the rights, privileges and im- munities granted to him, his heirs or assigns, by the legislature of said state, by an act entitled " an act to improve the navigation of the river Lackawaxen;" and also for the purchase of any lands containing stone coal, that he or any other person may own at or near the head waters of the said river; and after such purchase, to receive a conveyance of, and hold the same, in like man- ner as the said Maurice Wurts, or such other person now does, or can do ; and it shall also be lawful for the said corporation to apply any part of their capital to the payment and satisfaction of such purchase, and also to the improvement of the said river Lackawaxen, in the same manner as the said Maurice "Wurts is authorized to do by the above mentioned act ; And further, to employ so much capital as they may deem expe- dient, in the business of transporting to market the coal which they may have purchased as afore- said. XXII. And be it further enacted, That the ^™Jf^g'^^en said company shall not, by any thing in this act &c. contained, be authorized to take possession of, or exercise any control over, any private property, land or water, without the consent of the owner thereof, until ample security shall be given by 3« 38 such company, to be approved of by tlie clerk of the county wherein the same is situated, to pay the damages to be assessed as aforesaid, as pro- vided by this act. State of New York, Secretary's Office. I certify the preceding to Joe a true copy of an original act of the Legislature of this state, on file in this office. ARCHD. CAMPBELL, Deputy Secretary. Albany, April 23, 1828. 37 39 AN ACT To AMEND THE ACT ENTITLED " An ACT TO InCOE- PORATE THE PRESIDENT, MANAGERS AND COM- PANY OF THE Delaware and Hudson Canal Company," passed April 23, 1823. Passed April 7, 1824. Whereas, by the act to which this is amenda- Preamisie. tofy, the corporation thereby created is author- ized to use any capital that may be necessary to effect the objects contemplated by the act, but the amount of original subscriptions is limited to five hundred thousand dollars : And whereas, it appears, from an actual survey and examination of the route, that it will require a larger sum to make a canal or slack water navigation from the Hudson to the head waters of the LackaAvaxen, and the proprietors of the coal mines near this river have represented to the legislature, that they deem it expedient that the whole line of im- provement should be made by one company, to be organized under the act to which this is amen- datory. Therefore, Be it enacted by the People of the State of Amountofongi- York, represented in Senate and Assembly, That enlarged to for the purpose of effecting the objects contem- plated by the act to which this is amendatory, the subscription of five hundred thousand dollars, authorized by the first section thereof, shall be, and the same is hereby enlarged to the sum of fifteen hundred thousand dollars, anything in the said act to the contrary notwithstanding. $l,50l),000. 38 40 canaiing powers ^^^^ ]^g [^ fuitlier enactcd, That for tte pur- pose of mating a canal or slack water navigation, from or near Carpenter's Point, on the river Dela- ware, to the mouth of the river Lackawaxen, the said Corporation shall have and possess, within the jurisdiction of this State, the same powers, privileges, and authority, subject, however, to the same restrictions and limitations as have heen granted and imposed upon it for the purpose of enabling it -to make a canal or slack water navi- gation, between the Delaware and Hudson rivers. State of New York, Secretary's Office. I certify the preceding to be a true copy of an original act of the Legislature of this State, on file in the office. ARCHD. CAMPBELL, Deptity Secretary. Albany, April 7, 1824. AN ACT Further to amekd the Act Entitep " An act to Incorporate the President, Managers and Com- pany OP THE Delaware and Hudson Canal Com- pany," passed April 23, 1823. Passed November 19, 1824. Banking powers Be it euacted by the People of the State of New York, represented in Senate and Assembly, That it shall be lawful for the President, Man- agers, and Company of the DelaAvare and Hud- 39 41 son Canal Company to employ five hundred thousand dollars of their capital actually paid in, in the business of Banking; and for that purpose the bills obligatory and of credit, under the seal SofSr of the said corporation, which shall be made to any person or persons, shall be assignable by en- dorsement thereon, under the hand of such per- son or persons, and of his, her, or their assignee, or assignees, and so as absolutely to transfer and vest the property thereof in each and every assignee or assignees successively ; and to enable such assignee or assignees to bring and maintain an action therefor, in his, her or their own name or names ; and bills or notes which may be issued by order of the said corporation, signed by the President and countersigned by the Treasurer thereof, promising the payment of money to any person or persons, his, her, or their order, or to the bearer, though not under the seal of the said corporation, shall be binding and obligatory upon the same, in the like manner and with the like force and effect, as upon any private person or persons, if issued by him, her or them, in his, her or their natural capacity or capacities ; and shall be assignable and negotiable in like manner as if they were issued by such private person or ^^^ .^^ persons : Provided, however, that the said corpo- ration shall not demand any greater interest on a loan or discount, than at the rate of six per centum per annum. And be it further enacted. That the total amount of notes or bills which the said corpora- tion may at any time issue, and have in circula- tion, shall not exceed the sum of fifteen hundred Amount of notes thousand dollars; and in case of such excess, the ^ ci>-»i='tt™- managers under whose administration it shall happen, shall be liable for the same in their private capacities ; but this shall not be construed to exempt the said corporation, or any estate, real 6 40 42 Penalty on ref u- Bing to redeem ndtes. Location of bank. Power to hold veal estate. or personal, whicli it may hold as a body corpor- ate, from also being liable for such excess ; but such managers as shall have been absent when the said excess was issued, or who may have dis- sented from the resolution or act by which the same was done, and entered their dissent upon the minutes of the Board, shall not be so liable. And be it further enacted, That if, at any time, the President, Managers and Company should re- fuse, on demand being made at their banting house during the regular hours of doing business, to redeem in specie, or other lawful money of the United States, their said bills, notes, or other evidences of debt issued by the said corporation, the said President, Managers and Company shall, on pain of forfeiture of the banking privileges hereby granted, wholly discontinue and close their said banking operations, until such time as the said corporation shall resume the redemption of the said bills, notes or other evidences of debt, in specie, or other lawful money of the United States ; and the said corporation shall be liable to pay to the holders of all such notes and bills, the payment whereof has been refused or delayed upon demand, as aforesaid, damages for the non- payment thereof, at the rate of twelve per centum per annum, until the same shall be paid as afore- said, or otherwise satisfied. And be it further enacted, That the banking house of the said corporation shall be located iti the city of New York ; and it shall be lawful for it to hold such lands, tenements and heredita- ments as shall be necessary and requisite for its immediate accommodation, in relation to the con- venient transaction of its business ; and such, also, as shall have been bona fide mortgaged to it by way of security, or conveyed to it m satisfaction of debts previously contracted in the course of 41 43 its dealings, or purchased at sales upon judg- ments whicii shall have been obtained for such debts. And be it further enacted, That if the said cor- poration shall not, within six months after the election of the first Board of Managers, have Senceaand';'"" commenced the making of a canal or slack water FnTepedfir'*" navigation, from the tide waters of the Hudson """''■ to the head waters of the Lackawaxen river, and shall not expend in each and every succeeding year thereafter, at least one hundred and fifty thousand dollars between the Hudson and the Delaware rivers, until the canal or navigation shall be completed between the said rivers, or shall not have completed the whole line of navi- gation from the Hudson to the head of the Lack- awaxen, within seven years after the passage of this act, so as to open a complete channel for the transportation of coal to this State, then, in either of these events, the banking privileges hereby granted shall cease and determine. And be it further enacted. That the banking privileges hereby granted, shall continue in force Duration of ^ for the period of twenty years from and after the passage of this act, and no longer ; and that the Legislature may, at any time, alter, modify, or re- peal this act. State of New York, Secretary's Ofiice. I certify the preceding to be a true copy of an original act of the Legislature of this State, on file in this ofiice. ARCHD. CAMPBELL, Deputy Secretary. Albany, November 19, 1824. 44 CHAP. LXXVIII OF THE LAWS OF PENNSYLVANIA Preamble. Authority of I'.io company to im- prove tno Liink- awoxen. A Supplement to the act entitled "An Act to IMPROVE the navigation OF THE ElVEE LACKA- WAXEN." Passed April 1st, 1825. Whereas, by an act entitled " an act to improve the navigation of the river Lackawaxen," Maurice Wurts, his heirs or assigns, is authorized to im- prove the navigation of the said stream: And whereas, by an act of the legislature of the state of New York, a company has been incorporated, by the name of " The President, Managers and Company of the Delaware and Hudson Canal Company," to make a canal from the Hudson to the Delaware river, terminating at a point near the mouth of the Lackawaxen : And whereas, the stock in the said company having been jointly subscribed by the citizens of the two states, and the improvements authorized by the said acts being essentially connected with each other, the citizens of Wayne and Pike counties have, by petition, represented to the legislature that it is desirable that those engaged in the improvement of the Lackawaxen should be able to avail them- selves of the assistance of the Delaware and Hud- son Canal Company, and pray the legislature to grant the necessary legislative facilities for that purpose : Therefore, Sec. 1. Be it enacted by the Senate and House of Kepresentatives of the Commonwealth of Penn- sylvania, in general assembly met, and it is hereby Ii3 45 enacted by the authiority of tlie same, That, by and witb the consent of Maurice Wurts, bis heirs or assigns, it shall be lawful for " The President, Managers and Company of the the Delaware and Hudson Canal Company" to improve the navi- gation of the river Lackawaxen, and any one of its branches, in the manner authorized and pro- vided by an act entitled " An act to improve the navigation of the river Lackawaxen," passed the thirteenth day of March, one thousand eight hun- dred and twenty -three ; and, after the making of such navigation, the said company shall and may hold and enjoy the same, as fully and effectually as -Maurice Wurts, his heirs or assigns, might or could do, under and subject, however, to all the provisions, conditions, restrictions, duties and obligations imposed by the said act on the said Maurice Wurts, his heirs or assigns, and under and subject to the conditions, restrictions and limitations hereinafter provided; and it shall further be lawful for the said company to pur- ilndl, chase and hold any quantity of lands, situate at any place within ten miles of the waters of the Lackawaxen, not exceeding five thousand acres : Provided, however, That in any judicial proceed- ing instituted against the said company, within the jurisdiction of this state, the service of pro- cess upon any toll gatherer, or other known agent of the said colnpany, in the proper county, shall be as good and as available in law as if served upon the president of the company. Sec. 2. And be it further enacted by the autho- rity aforesaid. That the toll which the said com- pany may exact, under the provisions of the act toUs. to which this act is supplementaiy, shall not, in the whole, exceed the rate of one cent and a half per ton, per mile, on the ascertained burthen or capacity of any ark, boat or craft laden with or engaged in the transportation of stone coal ; and Power to hold ii 46 Works on the Delaware rivor, how conatra-;t- cd. Banking and manufactnrin;^ prohibited. the said company shall not exact any higher toll than is above provided for, on such arks, boats or craft, laden as aforesaid, on the works erected by them on the Delaware, between the mouth of the Lackawaxen and Carpenter's Point ; Provided, The said arks, boats or craft laden as aforesaid, shall have come down the said river Lackawaxen, and proceed down the said river Delaware, and not through the canal to lie made through the state of New York, between the Hudson and Delaware, by the said company. Sec. 3. And be it further enacted by the au- thority aforesaid, That the said company shall not erect any works, or make any improvements con- Dected with the Delaware river, unless the same shall be so constructed as to leave the channel of the said river as safe and as convenient for the descent of rafts as it now is; and any boat or craft ascending the natural chancel of the Dela- ware river, from any point or place below Car- penter's Point, or descending the same to Carpen- ter's Point, from any place above the mouth of the Lackawaxen river, shall be permitted to pass, toll free, through any locks vs^hich the said com- pany may erect between Carpenter's Point and the mouth of the Lackawaxen river. And it shall further be the duty of the said company, at each and every j)lace where their works may be con- nected with the river Delaware, to erect a lock, or locks, and keep lock tenders, so as to provide for the ascent and descent of boats and craft, as aforesaid, and without delay. Sec. 4. And be it further enacted by the au- thority aforesaid. That it shall not be lawful for the said company to engage, either directly or in- directly, in the business of banking or of manu- facturing within the jurisdiction of this State; nor shall this act, or any part of it, be deemed or 45 47 construed to recognize or admit an exclusive jurisdiction by tlie State of New York, over the waters of the Delaware river, between Carpen- ter's Point and the northern boundary of this State ; and if it shall appear to any future legis- tature of this State, after full examination by competent engineers, to be appointed by the legislature, who shall declare, in their report, the fact that the channel of the river is by any of the said works or improvements rendered less safe and convenient for navigation, as aforesaid, it shall be lawful for such legislature to repeal this law, and the privileges by this act granted shall be thereby absolutely determined. Sec. 5. And be it further enacted by the au- juriBciicUdi. thority aforesaid, That the property of the said of thlfDfilware company, whether real or personal, within this State, shall, at all times be liable for its debts, and subiect to taxation, in like manner as similar LiaMiityto ,''-,■, T ^ •T-n n i debts and taxa- property held hj an individual or by a corpora- tion. tion, now is or may be ; and the said company shall, under oath or affirmation of the President and Treasurer, report to the legislature, Avhen re- quired so to do, the amount of capital which it may have invested within this State, under pain of forfeiting the rights and privileges hereby granted for neglecting or refusing so to do ; and moreover, the State of Pennsylvania shall, at all times, by its agent or attorney, duly appointed, have a right to examine the books, accounts and vouchers of the said company in relation to such reports. Sec. 6. And be it further enacted by the au- Notice to govcr- thority aforesaid. That this act shall be of no force or effect, unless " The President, Managers and Company of the Delaware and Hudson Canal Company," shall, under their corporate seal, no- To make repoit. 46 Penalty on abn act. 48 tify the Governor of this State of their accept- ance of the same, on or before the first day of July next. ibuse VthiB Sec. 7. And be it further enacted by the au- thority aforesaid, That if the said company shall misuse or abuse the privileges hereby granted, the legislature reserve the right to repeal this act. JOEL B. SUTHEELAND, Speaker of the House of Repi'esentatives. THOMAS BURNSIDE, Speaker of the Senate. Approved — the first day of April, one thous- and eight hundred and twenty five. J. ANDW. SHULZE. 47 49 AN ACT To AMEND THE ACT ENTITLED " An ACT TO InCOE- POKATE THE PRESIDENT, MaNAGEI^S AND COM- PANY OF THE Delaware and Hudson Canal Company," and the seveeal acts amending THE SAME. Passed April 20, 1825. Be it enacted by the People of the State of New Aitthority to 'XT 1 -I'r^ iA -*T rm contract with YorJi, represented in Senate and Assembly, That^:'^irtsorany 1 Tt • -\ , HT T/1 /. -1 Other person in tne President, Managers and (Jompany ot tne^«^^«»°t° t^" Delaware and Hudson Canal Company have, and "^eLackawaxen shall have, full power and authority to make any contract Or agreement with Maurice Wurts, or his assigns, or with any other person or persons Avhatsoever, by, which the improvement of the navigation of the river Laekawaxen, according to the provisions of the act of the legislature of Pennsylvania, entitled " An act to improve the navigation of the river Laekawaxen," shall be se- cured, or stipulated to be made, and by which a sufficient supply of coal for the use and benefit of the said corporation may be obtained; and, .for the fulfilment of any such contract or agree- ment, may take such security from the person or persons with whom they shall be made, as they may deem necessary or proper ; and may employ such part of the capital of the said corporation as may be necessary to carry into effect any such contract or agreement on the part of the said cor- poration, or as may be necessary for the trans- portation to market of the coal which, under any such contract or agreement, may be obtained, 7 48 50 Proviso. Certificates of Btoek, Provided^ Tliat nothing in this section contained shall be construed to exonerate the said President, Managers and Company from any of the condi- tions and restrictions imposed by the several acts heretofore passed, in relation to the said company ; excepting only so much thereof as requires the said company to own any lands or tenements out of this state. And be it further enacted, That the seventh section of the act entitled "An act to incorporate the President, Managers and Company of the Delaware and Hudson Canal Company," shall not be so construed as to prevent any subscriber to the capital stock of the said corporation from in- cluding in one certificate of stock the whole amount of shares subscribed and held by him, or such portion thereof as he may deem proper ; and that it shall be the duty of the managers first chosen to insert in each certificate so many shares as the subscribers entitled thereto shall respect- ively require; and that the assignee of such cer- tificate, or of any number of the shares mentioned therein, shall be entitled to as many shares as shall be so assigned to him, and to all the estates and emoluments of the company incident thereto, in as full a manner, and subject to the same lia- bilities, as if a separate certificate had been origi- nally issued for each share. State of New York, Secretary's Office. I certify the preceding to be a true copy of an original act of the Legislature of this state, on ' file in this office. ARCHD. CAMPBELL, Deputy Secretm^y. Albany, April 20, 1825. 49 51 EXTRACT From the Minutes op the Peoceedings of the Gov- ernor OP the Commonwealth of Pennsylvania. Tuesday, June 21, 1825. An instrument, in v^^riting, under the corporate seal, and signed by Philip Hone, President, and John Bolton, Treasurer, of the Delav^are and Hudson Canal Company, certifying for them- selves, and in behalf of the stockholders of the said company, their acceptance of the act of the general assembly, passed the first day of April last, entitled "A supplement to the act entitled an act to improve the navigation of the river Laekawaxen," and the privileges thereby grant- ed, upon the terms and conditions therein ex- pressed and contained, was this day received and duly filed in the office of the Secretary of the Com- monwealth. A true extract from the minutes, JAMES TRIMBLE, Deputy Secretary. A FURTHER SUPPLEMENT To the act entitled "An act to improve the NAVIGATION OF THE RIVER LaCKA WAXEN," PASSED March 13, 1823. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is hereby enacted by the authority of the same, 50 Bimensions of locks. Proviso. Proviso. 52 That in making the navigation authorized by the act to which this act is supplementary, it shall be lawful for "The President, Managers and Com- pany of the Delaware and Hudson Canal Com- pany," to construct the locks of such dimensions as the engineers of the said company shall deem most suitable and expedient; Provided ihQ Bsuxe shall be of sufficient capacity to admit boats, arks, crafts, or other vessels of 25 tons burthen, any- thing in the said act to the contrary, notwith- standing; Provided, also^ That if the said com- pany shall reduce the locks to a standard below that fixed by the fifteenth section of the said act, then it shall not be lawful for the said, company to make a slack water navigation in the bed of the river Lackawaxen ; but in lieu thereof, they shall, under the provisions of the said act, and of a supplement thereto, passed April first, one thou- sand eight hundred and twenty-five, constmct a canal navigation, fed by the waters of the said river or some of its branches. Manner of as- sessing dama- Seo. 2. And be it further enacted by the au- thority aforesaid. That if any injury shall be done to the property of any individual whatever, in the construction of the canal authorized by this act, then, and in such case, the owner or owners of said property shall be entitled to compensation for the injuries so done, to be recovered from the said President, Managers and Company of the Delaware and Hudson Canal Company, the dam- ages to be estimated in the mode prescribed in the fourth section of the act entitled "An act to improve the navigation of the river Lackawaxen," passed the thirteenth of March, one thousand eight hundred and twenty-three. Annual report to be made to Sec. 3. And be it further enacted by the the Legislature, authority aforesaid, That the said company shall, in the month of January in each and every year, -ware nver. 51 53 make a full and complete report to this Legisla- ture of tlie amount of tolls taken upon the canal within the State of Pennsylvania, the dividends declared by the company within the year, and of the profits reserved as a contingent or surplus fund ; and, upon their refusal or neglect so to do f^j°^j"yp°^/(.f '^■ the rights and privileges hereby granted to be null and void. Sec. 4. And be it further enacted by the J^e^a'"=^f<^nai' authority aforesaid, That the water which may '"to^hlDeir* be taken out of the river Lackawaxen, or any of ^ its l)ranches, to feed the canal hereby authorized to be made, shall be discharged into the river Delaware, at or near the mouth of the river Lackawaxen. JOSEPH RITNER, SpeaJcer of the House of Representatives. ALEXANDER MAHON, Speaker of the Senate. Approved — the ninth day of February, one thousand eight hundred and twenty-six. J. ANDW. SHULZE. 52 54 railways. A FURTHER SUPPLEMENT To THE ACT ENTITLED. "An ACT TO.. IMPKOTE THE NAVIGATION OF THE RiVEK LaCKAWAXEN," PASSED Maech 13, 1823. Sec. 1. Be it enacted by tlie Senate and House of Representatives of the Commonwealtt of Penn- sylvania, in General Assembly met, and it is liereby enacted by the authority of the same, ZYSSin' That it shall be lawful for the President, Mana- gers and Company of the Delavrare and Hudson Canal Company, to construct and maintain such railways or other devices as may be found neces- sary to provide for and facilitate the transporta- tion of coal to the canal by them to be construct- ed: Provided, That no railway hereby authorized to be' made, shall be extended further than from the coal beds owned by the said company, to the forks of the Dy berry, on the west branch of the river Lackawaxen ; or from the coal beds aforesaid to that point on the Wallenpaupack branch of the river Lackawaxen where it is crossed by the Eas- ton and Belmont turnpike road ; and, the better ■^°uind°&r"" **^ effect that object, when it shall be necessary for the said Company to occupy and use any land or materials, and the parties cannot agree in rela- tion thereto, the same course shall be pursued as is authorized and provided by the fourth and fifth sections of the act to which this act is a supplement. Proviso. Shall not ob- struct public or private roads. Sec. 2. And be it further enacted by the au- thority aforesaid. That every such railway or de- vice shall be so constructed by the said company as not to obstruct or impede the free use of any public or private laid out road or highway, which may cross or enter at the same ; and in all places where such railroad or device may cross, or in any way interfere with any road as aforesaid, it shall 53 55 ' be the duty of the said company to enable all persons travelling such road as. aforesaid, to cross^^iXna"** or pass such railway or deyice by a causeway, or ^iei-Iutowe some other suitable and convenient means to be '^''^''=^- provided and maintained by the said company; and if the said company shall neglect or refuse to provide such causeway or other suitable means, or, where provided, to maintain the same in good repair when required by the parties interested, they shall be liable to pay a penalty of ten dol- lars for every day the same shall be so neglected, nl|iect.™ or refuse to be provided or maintained, to be re- covered by the supervisor of the township, or by the turnpike companies, as the case may be, with costs, for the use of. the township, or of such companies, as debts of like amount are, by law, recoverable ; and shall, moreover, be liable to an action or actions at the suit of any person who may be aggrieved thereby ; and the service of process upon any officer or agent of the said company shall be as good and as available in law as if served upon the president thereof. Sec. 3. And be it further enacted by the an- ^."^p^*"! 'j^^i^,. thority aforesaid, That for the accommodation of^^^^erola^^ all persons owning or possessing lands through ^^o^fg^Pri^^ltg M^hich any such railroad or device may pass, it P'"°p^'^'y- shall be the duty of the said company, where re- quired hj the occupant of such land to make or cause to be made a good and sufficient causeway, or provide other suitable means, whenever the same shall be necessary, to enable the occupant of such land to cross or pass over the same with wagons, carts and implements of husbandry, as occasion may require: Provided, however, That^°'"«°- the said company shall in no case be required to make, or cause to be made, more than one such causeway or passage through each plantation or lot of land, or two, if a second should be found necessary for the accommodation of any one per- 5i 56 son possessing land through which any such rail- way or device may pass; and if the said com- pany shall neglect or refuse to provide such causeway or passage, or to keep the same in good repair, the said company shall be liable to pay any person aggrieved thereby, all damages Penalty on neg-gijgt^ained by such person in consequence of such refusal or neglect, to be sued for and recovered before any magistrate or any court having cogniz- ance thereof; and the service of process on any officer or agent of said company shall be as good and as available in law as if served on the presi- dent thereof peTon^'injuring Sec. 4. Aud be it further enacted by the au- the road, &c. thorlty aforcsaid, That if any persons or persons shall wilfully and knowingly break, injure or de- stroy any railroad or device, or any part thereof or any work appurtenant thereto, erected under the provisions of this act, he she or they so offending, shall forfeit and pay to the said com- pany three times the actual damages sustained, to be sued for and recovered, with costs of suit, by action of debt before a justice of the peace, or any court of competent jurisdiction, in the name and to the use of the said company. A public high- g^j,_ 5_ ^^^j ]3g 1^ further enacted by the au- thority aforesaid. That the said railway shall be deemed and taken as a public highway ; and it shall and may be lawful for the said company, or such persons as they may ft-om time to time ap- point toll collectoi's, or their deputies, so soon as the railroad shall be perfected, to collect and re- ToUfl. ggj^.y l^y ^^11 yp^^ ^i^g g^l^ railroad, a sum not exceeding twelve per centum per annum upon the amount of moneys which shall have been ex- pended in the construction of the said railroads and other devices, and in the support, improve- ment and continuance of the same ; and to pre- 55 57 scribe the form and kind of carriages, wagons and conveyances to "be used thereon for the trans- portation 'of persons or commodities. JOSEPH RITNEK, Speaker of the House of Mepresentatwes. ALEXANDER MAHON, Speaker of the Senate. Appeoved — the fifth day of April, one thous- and eight hundred and twenty-six. J. ANDW. SHULZE. * AN ACT To Loan the Ceedit of the People of the State OF New Yoek to the President, Managers and Company of the Delaware and Hudson Canal Company, and for other purposes. Passed March 10, 1827. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That it shall be lawful for the Comptroller of the thTstatrautho- * ri7pd to isfiii6 State of New York, and he is hereby directed to special certm- issue to the President, Managers and Company the^mountot of the Delaware and Hudson Canal Company, in such manner and under such restrictions as in this act provided, special certificates of stock, to the amount of five hundred thousand 8 Comptroller of 5§ 58 dollars, for the redemption of whicli, and the due payment of interest thereon (as is in this act provided), to the owners of such stock, the faith and credit of the people of this state is hereby pledged. Sums in which And be it further enacted, That the said stock be'isS '" *° shall be issued by the comptroller in sums not exceeding one thousand dollars, and not more than one hundred thousand dollars at one time : the first one hundred thousand dollars on the delivery of the security by this act provided, to be given to the people of this state for the said loan of five hundred thousand dollars ; and be- fore the comptroller shall issue stock beyond the first sum of one hundred thousand dollars, the President, Managers and Company of the Dela- ware and Hudson Canal Company shall deposit acTOiints of the with the Said comptroller the monthly accounts rampany to be of the agent of the said company rendered to ?olitedmththe them, and signed by the said agent, and approved comp ro ei. ^^^ couutefsigued by the president and treasurer of the said company, showing the expenditure on said canal of the amount of stock previously is- sued by the said comptroller, which accounts so attested shall be a sufficient voucher to the comp- troller for a further issue of stock, until the whole sum of five hundred thousand dollars is issued. The siociv to he Aud bc it further enacted, That the stock shall payable to and - -, ^ , ' . . t^^steabieby be made payable to the said corporation, or their kterest if Ave" ^^'^^^1 ^^^ ^^Y ^^ transferred by the said corpor- percert. ation, at their pleasure, and shall bear an interest of five per cent., payable quarter-yearly at the office of the said company in the city of New York, and shall be redeemable at the pleasure of the State, at any time after the year one thousand eight hundred and forty-seven; which certificates shall be transferable only in person, or by at- 57 59 torney legally constituted, at the office of the said company in the city of New York, in books to be provided for that purpose. And be it further enacted. That the president ^l'^Ji?e"n°orthe and treasurer of said company shall cause public Satce of ^00": notice, for at least ten days, to be given in two of the daily newspapers printed in the city of New York, of the time and place at which the said certificates of stock will be sold, and the said certificates shall be sold at such time and place, at public auction, to the highest bidder, and the amount of any premium received on such sales, or on any sales of the said certificates, shall STn™ uTe^Jf be paid into the treasury of this State, to be ap- pafdlSoto" '"^ propriated to the common school fund. s^l™^ °^ ''"' And be it further enacted, That whenever any Holders of certi- 1 11 n -I j_-n x T n n • i flcates aiithoii. holder 01 any such certmcates snail desire to zed to divide or , />,i Jj.J"*j j^'n j_ consolidiite transfer the same, and to divide any certificate them. he may hold, or to consolidate any such certifi- cates, he shall be authorized to do so upon sur- rendering the same to the said company, and thereupon the said company may issue new cer- tificates of stock to the amount of such as shall have been surrendered, under their corporate seal, which shall be countersigned by the Re- corder of the city of New York, to whom the said original certificates shall be delivered, to be by him returned or transmitted to the Comp- troller ; and for countersigning every such certi- ficate the said Recorder may charge and receive the sum of ten cents ; the said certificates shall express the authority of the company to issue the same, and the terms, times and place of the pay- ment of the principal and interest. And be it further enacted. That for the purpose gfv™ to the''^ of completely securing the' people of the State of compan/befoie New York from any risk or responsibility incur- iXld"'"'^ '^ 58 60 red by the pledge of their credit, as aforesaid, the comptroller of this state, with the advice of the attorney general thereof, is hereby authorized and directed, before he issues the said stock, or any part thereof, to obtain from the said company a good and sufficient assignment to the people of the state, by way of mortgage, or other collateral security, of the said Delaware and Hudson Canal, already made, or hereafter to be made, with all the lands and tenements, rights, members and privileges thereunto belonging, or in any wise appertaining, as heretofore granted or hereafter to be granted to the said company, or existing by virtue of the laws of this State- and of the State of Pennsylvania, which said mortgage, or other instrument to be taken, shall be recorded in the office of the Secretary of State, in the same man- ner and for the same purpose that deeds and other securities upon real estate are there recorded ; and in case of the non-payment of the interest on the said special stock, at the time of payment thereof, or in case of the non-redemption of the said special stock at the time appointed therefor, as aforesaid, that then, and in either case, it shall and may be lawful for the said comptroller to pro- ceed, by due course of law, to sell the premises to be pledged, as aforesaid, or such portion there- of as may be necessary, to the highest bidder, due notice being given of such sale ; or to purchase the same in for the benefit and security of the State, for such amount as the State shall be then liable for on account of its faith and credit being so pledged, as aforesaid, if it shall be deemed necessary for the better security of the people of this State ; and in case the said President, Mana- gers and Company shall faithftally comply with the provisions aforesaid, in the redemption of the said special stock aforesaid, and of the punctual payment of the interest thereof, in manner and at the times aforesaid, that then, and in such case. 59 61 tlie comptroller shall release, discharge, cancel focudtytot?"' and give up to the said company, all and all man- comptroller'^ ""* ner of securities so taken, as aforesaid, from the said company, and the said company shall be fully released and discharged from the same forever. And be it further enacted. That it shall and ;!i;'thoS'"'tS may be lawful for the President, Managers and ^'""°" *'*'"'''■'"' Company of the Delaware and Hudson Canal Company, to raise, on the general credit of the said company, by loan, upon such terms as shall be approved of by a majority of the board of managers of said company, a sum of money not exceeding three hundred thousand dollars, by a pledge of all or any portion of the said canal or property connected therewith, and held by the said corporation, if they shall deem such loan necessary to carry into effect, more effectually, the special objects of their canal incorporation : Pro- proviso. vided, That such loan shall not be made or effected until the sum of five hundred thousand dollars, raised on the loan of the credit of the people of this State, shall have been wholly expended by the said company, on their said canal, or woi'ks connected therewith, and incidental and necessary thereto, and that no part of such loan shall be used for or employed in banking by the said com- pany : And. provided further, Thsit QYev J yNvitten. instrument to be executed by the said company, by way of pledge, mortgage or other collateral security upon the said canal, or any other property connected therewith, for the purpose of effecting the loan authorized by this section of this act, shall contain within it a recital that such property is already pledged to the State, and the sum for which it is so pledged. And be it further enacted, That until the ave- The compauy '. _ . „ exempted from rage annual income or the said corporation, trom taxation. the time of its commencing business, shall amount 60 Pro T ISO. 62 to six per centum per annum, on its whole' capital, the President, Managers and Company of the Delaware and Hudson Canal Company shall not be liable to be taxed or assessed as an incorpora- ted company, under any present or future law for the assessment and collection of taxes, on any property held by them on or near the canal, and necessarily connected therewith, or for the bed of 'the said canal : Provided^ That this exemption shall not extend beyond the period of six years from the passing of this act : Provided^ That nothing in this act contained shall be taken to give any person a lien on the premises to be mortgaged or pledged to the State, prior to the lien of the State. A public act, And be it farther enacted. That this act is de- adly TOifstrued^ clared to be a public act, and shall be favorably construed in all courts for every beneficial pur- pose herein contained. State of New York, Secretary's Office. I certify the preceding to be a true copy of an original act of the Legislature of this State, on file in this office. AECHD. CAMPBELL, Deputy Secretary. Albany, March 10, 1827. 61 63 GOVERNOR'S LICENSE TO RECEIVE AND COLLECT TOLL. Pennsylvania, ss. In the name and by the authority of the Com- monwealth of Pennsylvania. J. ANDREW SHULZE, Governor of the said Commonwealth. To all to whom these presents shall come, sends greeting : Whereas, Commissioners were appointed by me, on the thirteenth day of October last, to view and examine the work done . by the Pres- ident and Managers of the Company for improv- ing the navigation of the- river Lackawaxen, upon the notification of the said company that they had completed a canal navigation along the said river Lackawaxen, agreeably to the provis- ions of the Act of the General Assembly, passed the thirteenth day of March, in the year one thousand eight hundred and twenty-three, and other subsequent acts of the General Assembly relating thereto : And whereas, Amizi Fuller, Jonathan Brink and Thomas Mumford, the Com- missioners appointed as aforesaid, have reported to me, in writing, under their respective hands and seals, and on their oaths, that they have ex- amined the work constructed by the said Presi- dent, Managers and Company, between Dybeny Forks, in Wayne County, and the Delaware river, at the junction of the Lackawaxen river, in the county of Pike ; and that they have found that the said President, Managers and Company have constructed in a complete, substantial and work- manlike manner, and according to the true intent and meaning of the said act of the General As- sembly of the thirteenth day of March, one thous- and eight hundred and twenty-three, and the several supplements thereto, a canal now ready 62 64 for navigation along the shore of the said Lacka- waxen river, a distance of twenty-four miles and a half, or thereabouts, with thirty-seven lift lochs, and one guard and lift lock ; and the said President, Managers and Company, for the pur- pose of supplying the canal with water, have erected two dams across the main channel of the Lackawaxen, and one dam across the west branch of the said river, all of which are provided with pi'oper slopes and aprons, agreeably to the pro- visions of the several acts aforesaid, and, in the opinion of the Commissioners, create no obstruc- tion to the ordinary rafting business on the Lack- awaxen river. Now, know ye. That in pursuance of the direc- tions and authority in the said recited acts of the Greneral Assembly contained, I, the said J. An- drew Shulze, Governor of the said Common- wealth, do hereby permit, license and suffer the said President, Managers and Company, or such person or persons as they shall fi"om time to time appoint as toll collectors, or their deputies, to de- mand and receive of and from the person or per- sons having charge of any boat, vessel, ark, craft, or raft passing through any lock in said naviga- tion, such tolls and rates as are given and grant- ed to the said Company, in and by the said sev- eral acts of the General Assembly, under and subject to the provisions, restrictions and excep- tions therein mentioned and contained. Given under my hand and the great seal of the State, at Harrisbui-gh, this twenty-fourth day of November, in the year of our Lord one thousand eight hundred and twenty-eight, and of the Com- monwealth the fifty-third. By the Governor. O. BLYTHE, !^ecretary of the Commomoealth. 63 65 AN ACT To Loan the Credit of the State to the Presi- dent, Managers and Company of the Dela- ware AND Hudson Canal Company. Passed May 2, 1829. The People of the State of New York, represent- ed in Senate and Assembly, do enact as follows : Sec. 1. The Comptroller is hereby directed to to 'i6e'ile^to°the issue to the President, Managers and Company ratesof^tockto of the Delaware and Hudson Canal Company, in $300,000°™' such sums as the said company may require, special certificates of stock, to the amount of three hundred thousand dollars, redeemable at any time after the year one thousand eight hundred and forty-nine, at the pleasure of the State, and bearing an interest at the rate of four and a half ae^atie ana ^ , T T , 1 1 , 1 rate of intereet. per cent, per annum, payable quarterly, at the ofiice of the said company in the city of New York ; for the redemption .of which stock, and the due payment of the interest thereon to the owners of such stock, the faith and credit of the Faiaof me_^ people of this State are hereby pledged. Sec. 2. The said stock shall be so issued by when to be is- the Comptroller, on the delivery of the security hereinafter provided to be given to the people of this State, by the said company, for the loan of three hundred thousand dollars. Sec. 3. The said stock shall be -made payable ^1° ^^^^jr^"" to the said corporation, or their order, and may transferable. be transferred by the said corporation, at their pleasure. Sec. 4. For the purpose of completely securing |f™^*ythe ^^ the people of this State, for the responsibility in- state. curred by the pledge of their credit, as aforesaid, 9 64 66 the comptroller, with the advice of the attorne}' general, before he issues the said stock, or any part thereof, shall receive from the said company the like security as is provided in the sixth sec- tion of the act entitled " An act to loan the credit of the people of the State of New York to the President, Managers and Company of the Dela- ware and Hudson Canal Company, and for other purposes," passed March 10th, 1827; together with the bond of the company, under their cor- porate seal. SSes"^ '''■" Sec. 5. The comptroller, upon the delivery to him by the said company of any portion,- not less than ten thousand dollars,, of the certificates of said stock, shall cancel the same and credit their amount, in satisfaction of so much of the security by this act directed to be given by the said company to the people of this State for the aforesaid loan. Evidence to bo gj;c. 6. Bcforc thc Certificates of stock created given to the comptroller be- by this act are issucd by the comptroller, satis- fore issuing the J n -<-, -< • i certiflcatep. factory evidcuce shall be given to the comp- troller and . the attorney general, that all the estate and property now mortgaged to the State by the said company, including property since acquired, the railroad and its appendages, are in- cluded in the mortgage by this act directed to be executed ; and that no intermediate lien has been created or exists on said property. State of New York, Secretary's Office. I certify the preceding to be a true copy of an original act of the Legislature of this State, on file in this office. ARCHD. CAMPBELL, Deputy Secretary. Albany, May 2, 1829. 65 67 AN ACT conceening the debt due from the president, Managers and Company of the Delaware and Hudson Canal Company. Passed February 12, 1830, The People of the State of New York, repre- sented in Senate and Assembly, do enact as follows : I. The comptroller is hereby authorized to re- The comptroller ceive, for the benefit of the State, assignments of ceive,Tor m^' all contracts which now are or hereafter may be state, assigif- made and executed to the said President, Man- toa?te^madewitii agers and Company of the Delaware and Hudson '^^''°'°p™^- Canal Company, upon the sale of any portion of their real estate, not required for the purpose of carrying on the business contemplated by their act of incorporation, and the act heretofore passed amending the same ; and the said President, Mana- gers and Company, or the purchasers of such real consideration estate, may pay into the treasury of this State the contracts may ■ • Idg DAid into Hnc consideration moneys now or hereafter to become state treasury. due on such contracts of sale. II. "Whenever the amount of the consideration afoT^ld'^to re- money for any parcel of real estate shall be fully lltf for 'wMch paid into the treasury, the comptroller is hereby aon^monty has authorized, by a proper instrument for that pur- thrstetl*trS,e° pose, to release and discharge such parcel of real "^ estate from the mortgages heretofore executed by the said President, Managers and Company to the people of this State ; but no real estate, or lands necessary or convenient to the prosecution of the business of the said company shall be so released. III. Whenever the said President, Managers and Company, shall produce and deliver to the 68 may^caMcTcer- Comptroller, certificates of stock heretofore issued andrSuSi'i™'' '^J tliis State to the said President, Managers amoirarof''^e and Compauy, to an amount not less than five iStJtL'state''' thousand dollars, the comptroller may, if he treasury. thidlis proper, cancel the same, and shall in that case cause to be refunded to the said President, Managers and Company, the money so paid by them or such purchasers into the treasury, to an amount not exceeding the stock so cancelled. Circumstances under which comptroller may release, &c. IV. But the comptroller shall not release or discharge any such parcel of land or real estate, unless the same was sold at a price not below the minimum price thereof established by the ap- praisement directed to be made by the sixth sec- tion of this act, nor until the whole amount of the consideration money of such parcel of land or real estate so to be released and discharged, shall have been actually paid into the treasury as aforesaid. The company not entitled to interest on mo- ney paid into the State treas- ury. V. The said President, Managers and. Company shall have no claim or demand whatever upon the people of this State, or the treasury thereof, for the uses of any money paid into the said treasury by virtue of this act ; and no other person or per- sons whatever shall have any such claim or de- mand by reason of any such payment. Appraisement to he made. VI. The commissioners of the land office, on the request and at the expense of the said Presi- dent, Managers and Company, or whenever and as often as the said commissioners shall deem necessary, shall cause the lots or pieces of land or real estate intended to be sold by said company to be appraised, and a certificate of suet appraise- ment, with a survey and plan of said lots, to be filed in the office of the surveyor general, wliich said appraisement shall constitute the minimum price below which the said lots or pieces of land 67 69 or real estate shall not be sold, so long as the liens of the State thereon shall continue to exist. State of New York, Secretary's Office. I certify the preceding to be a true copy of an original act of the Legislature of this State, on ^le in this office. ARCHD. CAMPBELL, Deputy Secretai'y. Albany, February 27, 1830. RESOLUTION Eelative to the Delaware and Hudson Canal Company. Mesolved, by the Senate and House of Repre- company excus- setitatives of the Commonwealth of Pennsylvania, mgaiockinthe in General Assembly met. That the President, Managers and Company of the Delaware and Hud- son Canal Company be, and they are hereby excused and exonerated from building the river lock in the dam across the river DelaAvare, for the present, and until they shall be required to do the same by an act or resolution of the Legislature of Pennsylvania: Provided^ That the said company Proviso. shall, by their proper officer or officers, within six months from this time, submit to the Governor of the State of Pennsylvania their consent that the •State of Pennsylvania may, at any time hereafter, connect their Delaware canal with the canal of the 68 70 said company, at such point or points, at or near Carpenter's Point, and in such manner and on such terms and conditions as shall be determined on by two competent, disinterested engineers, one to be appointed by the State and one by the com- pany-; and, if they cannot agree, a. third to be chosen by the two, as above appointed, whose decision, or that of any two of them, is to be conclusive. FREDERICK SMITH, Hpeaher oj the House of RepresenfaliveH. DANIEL STURGEON, Speaker of the Senate. Appkoveb — the t\^'enty-third day of March, A. D., one thousand eight hundred and thirty. GEORGE WOLF. Department of State, Ilarrisburgh, August 5th, 1830. By direction of the Governor, I have the honor to acknowledge the receipt from you of a resolu- tion of the Board of Managers of the Hudson and Delaware Canal Company, complying with the provisions of a resolution of the Legislature of Pennsylvania, passed the 2Hd of March last. A^ery respectfully, your obedient servant, (For Samuel M'Kean,) H. BUCHLER, Chief Cleric. S. FLEW WELLING, Esq., [ Trmsvrei\ E. d: D. Canal Company. \ 69 n AN ACT To FACILITATE THK TIlANSFEll OF THE PUBLIC STOCKS OF THIS STATE. Passed April 17, 1830. The People of the State of New York, represent- ed in Senate and Assembly, do enact as follows : 1. Whenever any holder of any certificates of certificates of stock issued under and by virtue of an act en- cii°ide"''OT cou- titled "An act to loan the credit of the State to sunenacr'to tii^ the President, Managers and Company of the ^°'"'"'"*' Delaware and Hudson Canal Company," passed May 2d, 1829, shall desire to transfer the same, and to divide any certificate he may hold, or con- solidate any such certificates, he shall be author- ized to do so, upon surrendeiing the same to the said company ; and thereupon the said company may issue new certificates of stock, to the amount New certificates „■'-, 1T11 1 11 1 to be issued tiy ot such as shall have been surrendered, under tiie company their corporate seal, which shall be countersign- andregistcrcd ed and registered by the cashier or president of or president of -« J- T /-( • / 1 /~i • 1 i> TVT ^'^^ Manhattan the Manhattan Company m the City ot JNew company. York, to whom the said original or cancelled certificate shall be delivered, to be retuTned or transmitted to the Comptroller; and for counter- signing every such certificate the said cashier or president may charge and receive the sum of ten cents. The said certificates shall express the au- thority of the said company to issue the same, and the terms, times and place of the payment of the principal and interest. 2. The certificates of stock authorized to be °todfradlr"the issued by virtue of the provisions of the act en- Jg^^f^^^'^^^^: titled " An act to loan the credit of the people of tersi'gned, &c. the State of New York to the President, Man- agers and Company of the Delaware and Hud- 70 12 son Canal Company, and for other purposes," passed March 10th, 1827, and which, by said act, are authorized to be divided and consolidated, shall, after this act takes effect, be countersigned and registered, deposited and transmitted in the manner provided in the next preceding section ; and the like fee for countersigning and register- ing may be charged and received. So much of the fifth section of the act above mentioned as directs such certificates of stock to be counter- signed by the Recorder of the City of Nevsr York, shall be, and the same is hereby repealed. commiesioners 3_ Xhe commissiouers of the canal fund shall, or the canal ^ . . ..,-.--,' s?ribe'?u^ee" &c fr^™ time to time, prescribe such rules and regu- lations, to be in accordance with existing statu- tory provisions relative to the transfer of all or any of the public stocks of this State, and the division and consolidation of the certificates thereof, as they shall think advisable and proper; and may alter and modify the same. The said commissioners may also require v^sueh returns to be made to the comptroller by the ofiicer or per- son authorized by laAV to transfer said stocks, and pay the interest on any loan, as they may deem reasonable and expedient. State of New York, Secretary's Office. I certify the preceding to be a true copy of an original act of the Legislature of this State, on file in this oflice. M. FLAGG, Hecretary. Albany, April L>7, 1830. 71 m LAWS OF PENNSYLVANIA. SESSION OF 1848. Third section • of an act entitled " An act vesting title to land in the school directors of the toAvnship of Bushkiln, in the county of Northampton ; extending tne time of com- mencing and completing the Alleghany and Bald Eagle Eailroad, and relative to the Delaware and Hudson Canal Company. Sec. 3. That the President and Treasurer of the Delaware and Hudson (knal Company he, and they are hereby required, hefore the declara- tion or payment of any further dividends of torS*th°e^' profits by said company, to prepare and com- a^'I""' ««°«'^' municate to the auditor-general of this Common- wealth, a statement, under oath or affirmation of said President and Treasurer, setting forth the cost of all the works of said company within this State, and the amount of capital invested stock declared therein ; and the stock of said company, equal in tax^tioS!'^^'^' *° amount to the capital so invested, is hereby de- clared to be subjected to taxation in the same manner and at the same rate as the stock of com- panies incorporated by the laws of this State is subject. And it shall be the duty of said com- pany, upon the declaration of any di^'idend here- after to cause their Treasurer to retain out of such dividend and pay into the treasury of this Commonwealth the amount of State tax to which such portion of their capital stock may be liable. And the auditor-general is hereby directed to communicate to the Legislature, at its next session, a copy of the statement hereby required to be made by the said President and Treasurer. 10 72 74 And it shall be the duty of the Secretary of the Commonwealth to communicate a copy of this section to the said President of the Delaware and Hudson Canal Company, Secretary's Office, Harrishurgh, April 27, 1848, Penn%ylvan la 1 -^ I do certify that the above is a true copy of the third section of an act of Assembly entitled "An act vesting title to land in the school direct- ors of the township of Bushkiln, in the county of Northampton, extending the time of commencing and completing the Alleghany and Bald Eagle Railroad, and relative to the Delaware and Hud- son Canal Company," approved April 11, 1848, and now on file in this office. Witness my hand and the seal of said office, the day and year above written. ' H. PETREKEN, Dep. jSec. of tJie Commonwealth. LAWS OF PENNSYLVANIA. a further supplement to the act entitled "An act to improve the navigation of the RIVER LaCKAWAXEN," Sec. 1. Be it enacted by the Senate and House Repeal of sec- ^^ Representatives of the Commonwealth of Penn- Marehitisaa?' sylvania, in General Assembly met, and it is hereby enacted by the authority of the same, 73 75 That tlie eighteenth section of an act entitled " An act to improve the navigation of the river. Lackawaxen," passed the thirteenth day of March, one thousand eight hundred and twenty-three, which provides for the resumption by the State of the improvements of the Delaware and Hud- son Canal Company, known as the Pennsylvania section of the Delaware and Hudson Canal, together with the corresponding stipulations, if any, in the supplements to said act be, and the same are hereby repealed. And the Delaware and Hudson Canal Company are hereby autho- rized to conduct their business as they have here- tofore done, according to their charter, and main- tain and use their works and appurtenances, as heretofore, without liability to account and surren- der, as provided for in the said eighteenth section of the aforesaid act, passed on the thirteenth day of March, one thousand eight hundred and twenty- three. JOHN S. EI-IEY, Speaker oj the House of Representatives. JOHN H. WALKER, Speaker of the Senate. Approved — the thirtieth day of April, A. D., one thousand eight hundred and fifty-two. WM. BIGLER. 74 76 A SUPPLEMENT To AN ACT TO IMPROVE THE NAVIGATION OF THE KiYEi: Lackawaxen, passed March l-'l, 1823. Land damages, how to be se- cured. Provfso. Whereas, the Delaware arid Hudson Canal Company design to extend their railroad from Archbald, down the valley of the Lackawanna, to their lands in Blakely township, under the au- thority of their charter. Therefore, Sec. 1, Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same. That Avhenever the com2:)any or their agents can- not agree with the owners of lands over which their said road will pass, in regard to the dam- ages claimed by such owners, that the company may tender a bond, with sufficient security, to the party claiming the damages, the conditions of which shall be that the said company shall pay or cause to be paid to such party, his executors, administrators or assigns, such amount of dam- ages as shall afterwards be agreed upon by the parties, or assessed under the act to which this is a supplement, or under any of the supplements of said act : ProviJed, That in case the party claiming damages refuse to accept the bond as tendered by the company, the company may, in every such case, present their bond to the Court of Common Pleas of Luzerne county, and if the court approve of the security, shall direct the same to be filed for the benefit of those to whom it shall be given, which bond shall be answerable for all damages assessed, if the same be not paid within a reasonable time after such assessment : 75 77 Provided further, That upon the acceptance of such bond, or its being approved by the court,- and filed, that the company or their agents may enter upon such lands and construct their road, with the same powers and rights as if the dam- ages had been legally assessed and paid to the owner thereof. And provided further^ That ten days notice of such intended presentation of such bond to the said court shall be given to the party to whom said bond is drawn. G. NELSON SMITH, Speaker {pro tern) of the House of Representatives. WILLIAM H. WELSH, lipeaksr of the Senate. Appkovejj — the seventh day of April, A. D. one thousand eight hundred and fifty-eight. WM. R PACKER. Office of the Secretary of the Commonwealth, Harrisburgh, April 8th, A. D. 1858. Pennsylvania.! ss. I do certify that the foregoing and an- |- -.nexed is a full, true and correct copy of L^ ■-'the original act of the General Assembly, as the same remains on file in this office. In testimony whereof, I have hereunto set my hand and caused the seal of the Secretary's office to be affixed, the day and year above written. WM. M. HUSTED, Secretary of the Commonwealth. Proviso, 16 7S LAWS OF PENNSYLVANIA. SKSSION OF 185.9. A e^UPPLEMENT TO AN ACT TO IMPROVE THE WAV- KIATIOW OF THE RiVEE LaOKA WAXEN, PASSED THE THIRTEENTH DAY OF MaECH, ONE THOU- BAND EIGHT HUNDKED AND TWENTY-THREE. Six. 1. Be it enacted hj the Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is hereby enacted by the authority of the same. That the President, Managers and Company of the \uthorit to ex Delaware and Hudson Canal Company be, and tend railroad be- they aic hereby authorized to extend their rail- teminuB; roads, with the necessary branches and fixtures, from the present terminus in the township of Blakely, Luzerne County, to any part of the ad- joining township of Providence, in said county of Luzerne, and to any lauds now owned or that may be hereafter purchased by them, under the provisions of this act, the damages for taking lands in the construction of said roads and bran- ches to be assessed and secured in tlie manner pointed out in the provisions of an act passed the seventh day of April, one thousand eight hundred and fifty-eight, entitled "A supplement to an act to improve the navigation of the River Lacka- Authorityto waxeu, passed the thirteenth day of March, one hSiaTld^di^ thousand eight hundred and twenty-three." And of'uid'™"*"^ they are hereby authorized to purchase and hold ail additional quantity of three thousand acres of land in the townships of Fell, Carbondale, Blakely and Providence, in the County of Luzerne, for the . purpose of carrying on their operations. Sec. 2. That in addition to the power now given to said company by the said act of March thirteenth, one thousand eight hundred and twenty- three, and its supplements, to erect dams 71 19 on tlie Lackawaxen and its tributaries, for tlie purpose of tlie canal, tlie said company aie hereby authorized to construct dams on the tributaries of CT^anfaSthSriTy the Lackawaxen, and the Lackawanna and its Sim™'*™"* tributaries, for the purpose of creating water power to propel the cars over and upon the rail- roads now constructed or hereafter to be con- structed by them : Provided, That the navigation Proviso, of said streams shall not be obstructed, and that the damages thereby occasioned, by taking and flov^'ing land, shall ])e assessed, and secured in the manner pointed out in the said act of March thir- teenth, one thousand eight hundred and twenty- three, and its several supplements. W. C. A. LAWEENCE, Speaker of the Hotc-se of Reprenentative-s. JNO. CEESSWELL Jk., Speaker of the Senate. Approved — the twelfth day of March, A. D. one thousand eight hundred and fifty-nine. WM. F. PACKEE. A SUPPLEMENT TO AN ACT ENTITLED "Aw ACT TO IMPROVE THE NAVIGATION OF THE ElVER LaCK- AWAXEN," PASSED THE 13tH DAY OF MaRCH, 1823> Sec. 1. Be it enacted by the Senate and House of Eepresentatives of the commonwealth of Penn- sylvania, in General Assembly met, and it is here- by enacted by the authority of the same, That 78 80 Authorized to conetruct tele- graph lines. Right to take land. the President, Managers and Company of the Delaware and Hudson Canal Company, be, and they are hereby authorized and empowered to erect, construct and maintain Telegraph Line.s and communications along the line of the said canal and railroad, commencing in the county of Pike, at or near where said company's canal crosses the river Delaware, and from thence along the line of said canal to the southern boundaiy line of the borough of Houesdale, and from thence along the line of the said company's railroad to the terminus thereof, in the county of Luzerne, with the further power and authority of extending the said Telegraph Lines into the borough of Scrauton, Luzerne County, or along the line of any future lawful continuation of said railroad ; and the said company, and all such per- sons as they may authorize and employ, shall have power and authority to enter into and upon, hold, occupy and enjoy any land necessary for locating, constructing, maintaining, using and re- pairing of the said Telegraph Lines and fixtures, necessary thereto. And the same to be so erect- ed and constructed as not to interfere with the common use of any road, highwav, streets or .waters. Aiith6rized to construct hranch railroads Assessment of damages. Sec. 2 That they are hereby authorized and empowered to construct and maintain, not exceed- ing two miles in length, branch or lateral roads, or track, from or to. connect Avith their present railroad as the same is now erected and con- stracted, svith the necessary branches and fixtures for the purposes of their coal business. The dam- ages for taking lands in and for the construction of said Telegra})]i Lines, and of said branch or lateral railroads, and also for the construction of any otlier lawful extension of their works, within their chartered limits in this state hereafter made, and of any necessary devices, fixtures or appur- 79 81 tenances connected therewith, to be assessed and secured in the manner pointed out in the provis- ions of an act, passed the seventh day of April, one thousand eight hundred and fifty-eight, en- titled '' A supplement to an act to improve the navigation of the river Lackawaxen," passed the thirteenth day of March, one thousand eight hun- dred and twenty-three. ELISHA W. DAVIS, Speaker of the House of Representatives. JOHN H. PENNEY, Speaker of the Senate (.pro tern.) Appkoved — the 11th day of April, A. D. 1861. A. G. CURTIN. A FURTHER SUPPLEMENT TO AN ACT TO IMPROVE THE NAVIGATION OF THE RIVER LaCKAWAXEN, PASSED THE 13th day OF MARCH, 1823. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is hereby enacted by the authority of the same. That so far as the branch or lateral railroads, and the Telegraph Lines, mentioned in an act passed April 2d, 1861, entitled "A supplement to an act entitled an act to improve the navigation of the river Lackawaxen, passed the thirteenth day of March, one thousand eight hundred and twenty- three," may be constructed in the counties of Wayne and Pike, the filing of bonds and all pro- ^^^^ ^^ ceedings for the security and assessment of dam- aretobeassees- affes for takinar land in and for the construction ^ 11 80 82 thereof, shall be had and done in the said counties of Wayne and Pike, respectively, in the manner in all other respects as directed by the second sec- tion of the said act of April 2d, 1861. ELISHA W. DAVIS, Hpeaher of the House of Representatives. KOBT. M. PALMER, SpeaJcer of the Senate. Approved — the 11th day of April, A, I). 1861. A. G. CURTIN. AN ACT RELATlJfG TO THE ACCOUNTS OF THE DelAAVARE AND Hudson Canal Company. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is hereby enacted by the authority of the same, fu'ttiriSr' That the auditor general, in the settlement of the n/crlaitTo?^"' account of the President, Managers and Company TcStof to"" of the Delaware and Hudson Canal Company, for taxes, is authorized to give the company credit for all the moneys paid by said company into the State Treasury on account of taxes. ELISHA W. DAVIS, Speaker of the House of Representatives. ROBT. M. PALMER, Speaker of the Senate. Approved — the eighteenth day of April, A. D. one thousand eight hundred and sixty-one. A. G. CURTIN. 81 83 CHAPTER 314. AN ACT To AUTHOEIZE AND EMPOWEB THE PRESIDENT, MANA- GERS AND Company of the Delaware and Hud- son Canal Company to erect telegraphic lines along the line of said company's canal. Passed April l7tli, 1862; tliree-fifths being present. The people of the State of New York, repre- sented in Senate and Assembly, do enact as follows : Sec. 1. The President, Managers and Company of the Delaware and Hudson Canal Company be, and are hereby authoi'ized and empowered to erect, construct and maintain telegraph lines and communications, with the necessary appendages company an- , /I 1 1 • -■ p T thonzed to con- thereto, tor the use and enjoyment oi same, along struct telegraph or near to the line of their canal, in the counties of Sullivan, Orange and Ulster, between the rivers Delaware and Hudson, commencing on the river Delaware, opposite or near the mouth of the Lackawaxen river, with the privilege (in order to make said lines no longer than necessary) of run- ning or constructing the same so far from said canal as may be necessary therefor, and of connect- ing the same with any other telegraph lines at either terminus thereof, or at any intermediate point along or near to the line thereof, between the same; and of transmitting communications along the same, or any part thereof, for any per- son desiring the same, not taking messages for or transmitting the same for other parties than said company, between points or places where existing telegraph companies have offices for transmitting messages, and collect and receive compensation to be regulated by said company therefor ; and are hereby empowered by themselves, agents, or per- 82 84 Authorized to take land. SOUS by them employed, with the necessary teams, wagons, vehicles and instruments, to enter upon, hold, occupy and enjoy any land necessary there- for, with the fixtures necessarily appurtenant thereto, the same to be so constructed and main- tained as not to interfere with the common use of any road, highway, streets, or waters. The dam- damlfl^™' "^ age for entering upon, taking or enjoying the lands necessary for the construction and main- taining of said lines, and appurtenances necessary for the enjoyment of the same, to be assessed and secured as is provided by the eleventh and twenty- second sections of an act entitled " An act to in- corporate the President, Managers and Company of the Delaware and Hudson Canal Company," passed April twenty-third, eighteen hundred and twenty-three. Sec. 2. This act shall take effect immediately. CHAPTER 50. An act to amend an act entitled "An act to in- corporate THE President, Managers and Com- pany of the Delaware amd Hudson Canal Company," passed April 23d, 1828. Passed March 25th, 1863; three-fifths being present. The People of the State of New York, represent- ed in Senate and Assembly, do enact as follows : Sec. 1. The twentieth section of the act en- titled ''An act to incorporate the President, Managers and Company of the Delaware and Hudson Canal Company." passed April 23d, 1823, 83 85 is hereby amended so as to read as follows : " And S^aM mytag be it further enacted, that the said Managers shall ^j'^'^"* ^"^■^- also lieep a just and true account of all the moneys received by their several and respective collectors of toll, and all other emoluments ; and shall make and declare a dividend of the clear pro- fits and income thereof, among all the stockholders not in arrear to the company,' all contingent costs and charges being first deducted ; and shall, on such days as they, from time to time, by by-law or resolution prescribe, in every year publish the half-yearly dividends made of the clear profits, and the time when and where the same will be paid to the stockholders, not exceeding twenty days thereafter, and shall cause the same to be paid accordingly. Sec. 2. This act shall take efifect immediately. TO THE SENATE OF PENNSYLVANIA. The committee appointed by the Senate under the preamble and resolution adopted on the 23d of March, 1863, viz. : "Whereas, it is alleged by a large number of the citizens of this (Commonwealth that the Del- aware and Hudson Canal Company have exceeded their rights as an incorporated Company, and thereby violated their chartered privileges : There- fore, resolved, " That a committee of three be ap- pointed, with power to send for persons and papers to fully investigate the condition of af- fairs relative to said company," beg leave to re- port : 8i 86 That in pursuance of the duty imposed upon them, the attention of your committee was di- rected to the charter of the company, and the several supplements thereto, and to the procuring of such testimony as would enable them to deter- mine whether the said company had exceeded their powers or failed in the discharge of their duties. Their inquiries Avere, therefore, as to the right of the company to hold lands for mining pur- poses, and the quantity they were authorized to hold, their powers and privileges of mining and transportation, and the tax laws to which they are subject. The charter of the company, and the supple- ments theieto, show that the company are author- mTTOmpany™^ ized to hold such lands as may be appui'tenant or trhoii""^" convenient to their canal, and such railway or railways, or other devices, as may be necessary to facilitate the transportation of coal to their canal ; and the act of April 1st, 1825, empowers them "to purchase and hold any quantity of lands, situate at any place within ten miles of the waters of the Lackawaxen, not exceeding five thousand acres," and the act of March 12th, 1859, further authorizes them to puichase and hold " an additional quantity of three thousand acres of land in the townships of Fell, Carbondale, Blakely and Providence, in the count}' of Luzerne, for the purpose of carrying on their operations." Thus it appears that besides the lands appur- tenant or convenient to the use and enjoyment of their canal, and railways leading thereto, they are authorized to hold eight thousand acres. Their general Imsiness, ex])ressed in the several acts referred to, or necessarily implied from the character of the powers conferred upon them, is mining coal and transportation. ject to taxation. Their lands and other property are, of course, subject to taxation for state, county and local pur- 85 87 poses in the townships and counties where they are located, and the company is liable to the stock and corporation taxes imposed by the several acts of Assembly upon all corporations. After ascertaining the powers conferred and the duties imposed upon the corhpany by law, your committee proceeded to take such testimony as would enable them to discharge their duties in the premises. This testimony is embraced in the deposition of E. W. Weston, general surveyor of the company, taken before your committee, with a schedule of a w^wTston. the lands held by the company, furnished by him, and the answer of the auditor general to an in- quiry by your committee, which deposition, sched- ule and answer they submit with this report and as part thereof. From the testimony of Mr. Weston it appears that the company hold,_in the aggregate, in this ^^^^y^^^. Commonwealth, six thousand five hundred and landoTraedby fifty-five (6,555) acres (exclusive of the appurten- """p^"^- ances to their improvements), situate in the coun- ties of Luzerne, Wayne and Susquehanna. These embrace all the lands held by them, directly or indirectly, in their own right or in trust for them. Their general business, and that which their charter and its supplements warrants, is known to be mining coal and transportation, and your committee is not aware that they are engaged in any other. The testimony of Mr. Weston further shows, that the lands of the company are all assessed, and that state, county and other taxes are paid upon them, in the townships and counties where they are located. The communication from the auditor general to your committee shows that, for several years, the company paid into the state treasury, as stock ^fs'lw'^ment. and corporation taxes, what was afterwar-ds de- 86 88 termined by the Supreme Court to be in excess of its indebtedness to tlie CommonwealtL, and that the state is, at the present time, its debtor, by reason of such over payment, in the sum of six thousand one hundred and thirty dollars, thirty- seven cents (6,130i^). How this happened vpill fully appear by the communication of the auditor general, before re- ferred to. Your committee, therefore, can iind no reason for the allegations that the Delav^^are and Hudson Canal Company have exceeded their powers as a corporation, and ask to be discharged from the further consideration of the subject. HEISTAND, TURRILL, WALLACE. Report made to Senate, April 13th, 1863, read and adopted, and committee discharged. 87 89 A SUPPLEMENT TO AN ACT TO IMPROVE THE NAVIGA- TION OF THE ElVER LaCKAWAXEN, APPROVED THE 13th day op March. 1823. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the damages which the President, Managers and Company of the Delaware and Hudson Canal Company may be liable for, from the con- struction of their works as the same now are or hereafter may be altered or extended, shall be Damages to be secured and assessed in the manner provided by pro^lions'S^'^ the act of Assembly, entitled "An act regulating icronm""" railroad Companies," approved the 19th day of February, A. I). 1849, and the supplements thereto. Sec. 2. That said Company is hereby authori- zed and empowered to purchase and hold 5,000 additional acres of land in the county of Luzerne. JAS. K. KELLY, Speaker of the House of Representatives. D. FLEMING, Speaker of the Senate. Approved — the 20th day of September, A. D. 1866. A. G. CURTIN. 12 86 90 ComtKniy autho- tized to con- struct and main- tain railroads* To make con- tracts with or lease railroads. CHAPTER 844. An act to amend an act entitled ak "Act to incorporate the president, managers and Company of the Delaware and Hudson Canal Cmpany," passed April 23d, 1823. Passed May 9tli, 1867. The People of tlie State of New York, represent- ed in Senate and Assembly, do enact as follows : Sec. 1 , In addition to the powers conferred upon said Canal Company by an act entitled "An act to incorporate the President, Managers and Com- pany of the Delaware and Hudson Canal Com- pany," passed April 23d, 1823, and the several acts amendatory thereof, for the purpose of open- ing and of mining and bringing to market a supply of stone coal, which is found in the interior of the State of Pennsylvania, it shall be lawful for the said Canal Company, for the purpose of increasing said supply of Coal, to construct, own and main- tain railroads within this State, to contract with any railroad corporation now existing or hereafter to be created, for the use of its road, for the trans- portation of coal ; to lease the railroad or any parts thereof, of any incorporated company now or hereafter to be created, upon which said Canal Company may desire to transport coal, and, also, to subscribe for and take stock or bonds of and in any railroad company which they may lease, or with which they may contract, now existing or hereafter to be incorporated, subject to the same rights, restrictions and liabilities as other stock- holders or bondholders. Sec. 2. That in the constructing, owning and maintaining of railroads within this State, by said Canal Company, under the authority of this act, 89 91 said Canal Company shall have, possess and enjoy pZesTJnpo"- all the powers and privileges contained in an act fegefcoS^erred entitled "An act to authorize the formation of rJaaTctoS railroad corporations, and to regulate the same," passed April 2d, 1850, and the several acts amend- ing the same, and be subject to all the duties, lia- bilities and provisions, so far as relate to any powers or privileges by this act upon said com- pany conferred, and hereafter exercised, and not inconsistent with the provisions of said company's charter. Sec. 3. This act shall take effect immediately. A SUPPLEMENT TO AN "AcT TO IMPROVE THE NAV- IGATION OF THE River Laokawaxen," — ap- proved the 13th day of March, 1823, and the supplements thereto amending the title of a supplement to said Act, approved the 20th day of September, 1866, and re-enacting, rati- fying and confirming the provisions thereof, relating to assessment of damages and hold- ing additional lands. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same. That the title of the act entitled "A supplenient to an act to improve the navigation of the river Lackawaxen, approved the 13th day of March, 1823," and approved the 20th day of September, 1866, be, and the same is hereby amended so that the same shall read "A supplement to an act to improve the navigation of the river Lackawaxen, Title amended. 90 92, approved tlie 13th day of Marcli, 1828, and the supplements thereto, for the purpose of changing the mode and manner of assessing damages in the construction of the works authorized by said act^ and the supplements thereto, and for authorizing the purchasing and holding additional lands in the county of Luzerne ; and that the provisions pov\^er and authority given and provided for in the said act, approved the 20th day of September, 1866, are hereby confirmed and re-enacted, and all acts done or that may hereafter be done in pur- suance thereof, are hereby ratified, authorized and declared valid, ELISHA W. DAVIS, Speaker of the House of Representatives. JAS. L. GRAHAM, Speaker of the Senate. Approved— the 13th day of April, A, D. 1868, JOHN W. GEARY, AN ACT To AtJTHoEizi; The President, Mai^agEes and Company of the Delaware and Hudson Canal Company, to construct a railroad from the terminus of their present loco- motive railroad at olyi>hant to the city OF Caebondale. Sec. 1, Be it enacted by the Senate and House of Representatives of the commonvpealth of Penn- sylvania, in General Assembly met, and it is here- by enacted by the authority of the same, That 91 tlie President, Managers and Oonipany of tlie Delaware and Hudson Canal Company be, and they are hereby authorized to locate and con- tSSF^7^^coa- struct a railroad from the terminus of their pres- averoaa°froT' ent locomotive railroad, at Olyphaut, in the county cKnaai& of Luzerne, to the City of Carbondale, and to con- nect the same, when constructed, with the Jeffer- son railroad, at said city of Carbondale, and with any other railroad now made or that may here- after be made to the said city. Sec. 2. That the said the President, Managers and Company of the Delaware and Hudson Canal Company, in the location and construction of the said railroad, shall have all the power, authority and privileges given in the tenth section of the act entitled "An act regulating railroad compan- ies," approved the 19th day of February, A. D. 1849, and all damages in the location and con- struction of the said railroad for right of way, and land and materials taken, or otherwise, it tne damages. parties cannot agree therefor, shall be secured and assessed in the manner provided by the said act of Assembly entitled "An act regulat- ing railroad companies," and the several supple- ments thereto. B. B. SHANG, Speaker of the Bouse of Representatives. CHAS. H. STINSON, Speaker of tlie Senate. Appkoved — the twenty-fourth day of March, A, D. one thousand eight hundred and seventy. JOHN W. GEARY, 92 94 AN ACT To INCORPORATE THE NORTHERN CoAL AND IrON Company. Incoi-porators, Title. Capital stock. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is hereby enacted by the authority of the same^ That Ira Tripp, Thomas Dickson, A. B. Dunning, Samuel Sherrard, W.W. Ketcbam, and sucb other persons as shall be associated with them, and their successors, be, and the same are hereby erected intp a body corporate and politic, by the name and style of The Northern Coal and Iron Company ; and the capital stock of said company shall consist of ten thousand shares, of one hun- dred dollars each, with power to increase the same, from time to time, by vote of the stockholders, to an amount not exceeding ten thousand shares additional. Sec. 2. That the affairs of said company, shall be managed by a board of seven directors, one of whom shall be the president, who shall be chosen by the stockholders ; all elections shall be by ballot, and every share of stock subscribed and paid in shall entitle the holder to one vote. Sec. 3. That this corporation should have and use a common seal, and the right to change, alter or amend the same, at pleasure ; and, by the style and title aforesaid, shall be capable in. law to sue and be sued in the several courts of this Common- 93 95 wealtli, and may make all needful rules and regu- Bylaws. lations and by-laws for the well ordering of the business and affairs of the corporation, so that the same shall not conflict with the laws and consti- tution of this State or of the United States. Sec. 4. That the said corporation may hold, in the county of Ltizerne, lands not exceeding three §Sd3'to''bfheid thousand acres, with power to mortgage, sell, lease or otherwise dispose of the same, or any part thereof, and all materials in or upon the same. The capital of said company may be employed in mining and vending iron ores, making and manufacturing iron, mining coal and limestone, and transporting and vending the same, and such ^^ ^^ ^^^^^ other objects as are necessary in the prosecution capital. of said business ; and the said company shall have the right to construct and operate lateral railroads from their mines, either of coal or iron, not ex- jjigjtj„^„„. ceedin^ twenty miles in length, to connect with ^S?«^?J^X" any railroad now constructed or to be hereafter constructed in the county of Luzerne. Sec. 5. That an annual report shall be made to the Secretary of the Commonwealth, and verified by the oath or affirmation of the president or sec- retary of said company, showing the amount of f„°^»^\Syof the capital stock of said company paid in, of the €<»,m«.weaith number of acres of land held, the quantity of iron manufactured and coal mined for the current year. Sec. 6. That this act shall not take efi'ect until one thousand shares of stock shall be subscribed and paid in, of which a statement containing the ^vhen act of in- names of the subscribers, and the amount sub- gSXteke^ffect scribed by each, verified by oath or affirmation, shall be given to the Governor, to be filed in the office of the Secretary of the Commonwealth, whereupon the Governor shall issue letters patent to the corporators. 91 96 Company authorized to issue bonds. Sec. 7. That said company be, and they are hereby authorized to borrow money, to an amount not exceeding one-half the capital stock, upon the bonds of said company, secured by one or more mortgages upon so much of the corporate property and franchises as shall be deemed adequate secu- rity for the same, whenever the president and directors of said company shall deem the issue of said l)onds expedient for the interests of said cor- poration : Provided^ That the rate of interest on Rate of Interest such bouds shall not cxceed seven per cent, per annum, and that no bond shall be issued for a less sum than one hundred dollars. Subscriptions to stock. Sec. 8. That subscriptions for stock may be paid in in real and personal estate, appropriate to the business contemplated by this act, at a bona fide cash valuation, to be agreed upon by a ma- jority ill interest of the subscribers and stock- holders. Transfers of Btoclc. Bonus to Com- monwealth of Pennsylvania. Sec. 9. That all transfers of stock in said com- pany shall l>e entered on the stock books thereof, and said books shall, at all times, be open to in- spection of any officer or stockholder of said com- pany, and said transfers shall be made agreeably to the by-laws which may be adopted by said company. Sec. 10. That this corporation shall pay into the treasury of this Commonwealth a bonus of one- half of one per centum on the capital stock here- by authorized, and on any increase thereof, in four equal annual instalments, and such taxes on dividends as is or may be provided by law; and the stockholders of said company shall be indi- vidually liable for all debts due mechanics, work- men and laborers employed by said company, and for all provisions and materials furnished to said company, as is provided in the eleventh, twelfth, 95 97 ttirteentli and fourteentli sections of the act in- corporating tte Lackawanna Iron and Coal Com- pany, approved the fifth day of April, one thou- sand eight hundred and fifty -three. Sec. 11. That the Legislature reserves, the right to amend, alter or repeal this act of incorporation, Repealed"""' at any time, in such manner, however, as shall do no injustice to the corporators. HiENRY C. JOHNSON, Speaker of the Honne of Representatives. JOHN P. PENNEY, Speaker' of the Senate. Appeoved — the twenty-seventh day of April, A. D., one thousand eight hundred and sixty-foui*. A. G. CUETIN. be A SUPPLEMENT TO AN ACT ENTITLED " An ACT TO IN- OORPOEATE THE JSTOETHEEN COAL AND IbON COM- PANY," APPROVED THE 27tH DAY OF APRIL, A. D., 1864. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is hereby enacted by the authority of the same. That in addition to the powers conferred by the construct a ran- act to which this is a supplement, the said com- pany may construct or extend their railroad, a single or double track, to any point on the Dela- ware or Susquehanna rivers, within the counties 18 Authorized to 96 98 of Wayne or Susquehanna, and are hereby vested with all and singular the rights, powers and privileges conferred by and madei subject to all the restrictions contained in an act entitled "An act regulating railroad companies," approved the nineteenth day of February, A. D., one thousand eight hundred and forty-nine, and shall be en- titled to all the rights, powers and privileges conferred by all the general laws of this Com- monwealth, relating to railroad companies: jRro- vided, said railroad and branches shall not exceed, in the aggregate, sixty miles in leagth, and pro- vided said company shall not be authoi'ized to engage in manufacturing of any kind, nor in vending of merchandise of any description, nor bG""extenaed' '" tO' cxtcud their road, or any branch thereof, be- in Luzerne Co.' low the borough of Scrautou, in the county of Luzerne. JAS. R KELLEY, Speaker of the House of Representatives. D. FLEMING, Speaker of the Senate. Approved— the 20th day of April, A. D., 1866. A. G. CURTIN. Eailroad not to 97 99 AN ACT ■ To INCORPOBATE THE UnION" CoAL COMPANY. Sec. 1. Be it enacted by tlie Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is hereby enacted by the authority of the same, ' That Francis S. Kiddy, H. H. Bordy, E. A. Q^in- ^"""^p"""""- tard, O. D. Ashley, and Edward' S. Baker, and such other persons as shall be associated with them, their successors and assigns, be, and the same are hereby erected into a body politic and corporate, in deed and by law, with all the powers and privileges incident to and by law pertaining to a body politic and corporate, by the name, style and title of "The Union Coal Company," with aTitie. capital of one million of dollars, with power to increase the same to two millions of dollars, to be capital stock, divided into shares of fifty dollars each. Sec. 2. That the affairs of said company shall be managed by a board of seven directors, one of whom shall be president, who shall be chosen by said directors. The first election shall be held within six months after this act takes effect, of o"'^^''^- which election public notice shall be given, two weeks, in one or more newspapers published in Luzerne county, and subsequent elections shall be held at such time and place, annually, as the direc- tors shall determine, of which the same notice shall be given ; all elections shall be by ballot, and every share of stock subscribed and paid in shall entitle the holder to one vote. Sec. 3. That the said corporation, by the name aforesaid, shall have authority to hold and use a 98 100 ooinmon seal, and the same to change, altei' or ^^"■^^ amend, at pleasure ; and by the name, style and title aforesaid, shall be capable in law to sue and ])e sued, before any court or justice of the peace in this Commonwealth, and may make all needful rules, regulations and by-laws for the well order- ing of the business and affairs of the said corpora- tion. Sec. 4. That the said corporation by the name . aforesaid may purchase, lease and hold coal lands in the counties of Luzerne and Schuylkill, not ex- S"to be^Lici. ^'^'^*^i^& ^^ ^^y time, 2,000 acres, with power to mortgage, Fell, lease or otherwise dispose of the same, or any part thereof; and the capital of said company may be employed in mining, vending and transpoiting to market the products of their mines, and in such other objects as may be con- sidered necessary in the prosecution of their legiti- mate business; but nothing herein contained shall be construed to authorize said corporation to ex- ercise banking privileges. Sec. 5. That an annual report shall be made to Reports to the Auditor General of the Commonwealth, in Auditor General t n ^ n i iii- the month oi January oi each year, to be by him filed in his office, and verified by the oath or affirmation of the president, secretary or treasurer of said company, showing the amount of capital stock paid in, and the number and amount of dividends declared and paid during the current year. Sec. 0. That dividends may be declared and Dividends. p;iid seuu-annually or annually, as the directors may order ; but such dividends shall, in no case, exceed the amount of actual profit acquired by the company. Sec. 1. That this act shall not take effect un- take effecV''"" til 2,000 sharcs shall have been subscribed and 99 101 paid in, a statement of wticli, containing the names of tte subscribers and the amount sub- scribed by each, verified by the oath or afiirmation of some one of the subscribers, shall be furnished to the Governor, to be filed in the office of the Secretary of the Commonwealth, whereupon the Governor shall issue letters patent to the corpo- ration. Sec. 8. That subscriptions to the stock may be paid, in part or in whole, in real or personal es- tate, appropriate to the business contemplated by this act, at a bona fide cash valuation to be agreed upon by a majority in interest of the subscribers and stockholders; and the stockholders of said company shall be jointly and severally liable in ffii^dl^iduaiiy" their individual capacities and estate, for debts due'^"'"''' miners and other laborers employed by said com- pany, and for machinel-y, provisions, merchandise, country produce and materials furnished, to be enforced and collected in the manner provided for in an act entitled " An act to encourage manufac- turing operations in this Commonwealth," ap- proved the 7th day of April, A. D. 1849. Sec. 9. That the said corporation shall pay to the State Treasurer, for the use of the Commonwealth, Boms^to com- one-half of one per centum upon the amount of Pennsylvania. the capital stock subscribed and paid in, payable in four equal annual payments after the issuing of the said letters patent. Sec. 10. That said corporation shall have the right to borrow aiiy sum or sums of money, not exceeding the one-half of their capital, and to issue bonds or certificates of loan therefor, with^^^^^_ or without coupons attached, and give to such bonds or certificates such preference and security, by mortgage, or otherwise, as the directors of said company may judge expedient: Provided, That 100 102 no bond or certificate shall be issued for a less sum than $500,000, and that the interest payable on the same shall not exceed seven per centum per annum. HENEY C. JOHNSON, Speaker of the House of liepresentatives. JOHN P. PENNY, Speaker of the Senate. Approved — the 26th day of April, A, D. 1864. A. G. CURTIN. 101 103 Corporate pow- AN ACT To CONSOLIDATE THE UnION OoAL COMPANY AND THE Howard Coal and Iron Company. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealtli of Penn- sylvania, in General Assembly met, and it is. hereby enacted by the authority of the same, That the corporate rights, powers and privileges of the Howard Coal and Iron Company be, and the same are hereby merged in the Union Coal Comp9,ny, so that by virtue of this act, all and singular the property, real and personal, and all the corporate rights, powers and privileges be eraaMpri^"' consolidated and united under the said merger; coafandSon' and so that by virtue hereof the said Union Coal to°unioScoaf Company, in addition to its present powers, fran- chises and privileges, may and shall have, hold, use and enjoy, all and singular, the property, real and personal, of the said the Howard Coal and Iron Company, in addition to the property which it now holds, or is authorized to hold ; and shall have and enjoy all the corporate rights, privi- leges, powers and franchises, in addition to those conferred by its charter, which belonged to or were possessed by the said the Howard Coal and Iron Company, and shall have full right and authority to engage in, carry on, conclude and use any business, works, improvement or under- taking which the said the Howard Coal and Iron Company might lawfully engage in or carry on, if this act of consolidation and merger had not been passed: Provided^ That the provisions of this act be ratified within six months from the date of the passage thereof, by the consent, in 102 104 writing, of the holders of at least three-fifths (|) of the shares of the stock issued by each of said companies, or by the votes of at least three-fifths (5) of said shares at a meeting of the stockhold- ers of each company, duly called for that purpose, and also adopted by resolution of the board of directors of each company, proof of which ratifi- cation and adoption shall be transmitted to the Secretary of the Commonwealth, to be filed in his ofiice. Sec. 2. That upon the adoption, as aforesaid, of the provisions of this act, and the ccmveyance of the said the Howard Coal and Iron Company, of all its property, real and personal, and mixed, and all its rights, poAvers, privileges and franchises to the said Union Coal Company, which con^^eyance the said the Howard Coal and Iron Company is hereby authorized and empowered to make, and the said Union Coal Company is hereby author- ized and empowered to take, the corporate powers and privileges of the said the Howard Coal and Iron Company shall cease and determine ; and the said Union Coal Company shall, by virtue of this act, and the said approval of at least three-fifths of' said stockholders, the said resolutions of the board of directors, and the conveyance, as afore- said, thereafter hold and enjoy all the said pro- perty rights, powers, privileges and franchises of the said the Howard Coal and Iron Company, un- der the said name of the Union Coal Company, as fully and effectually as if both of said companies had been originally one, and so that the capital stock of the said Union Coal Company shall there- after be three millions of dollars ; and the said Union Coal Company shall be thereupon privi- Additionai leged, authorized and empowered to issue twenty sue* '" ^^ '^' tli^usand shares of stock, of the par value of fifty dollars each, in addition to its present capi- tal, and with the same, or so much thereof as may 103 to 105 be necessary for that purpose, redeem and retire the shares of stock which then may have been issued by the said the Howard Coal and Iron Company: Provided, That the said Union Coal Company shall assume and be subject to and liable for all the debts due from or contracted by the said the Howard Coal and Iron Company, as fully as if the same were due from or contracted by the said Union Coal Company. Sec. 3. That it shall be lawful for the said ^J^'^Sf^lm- Union Coal Company, upon said merger and con- ea^byHw^wr' veyance being completed, as aforesaid, to con- coai&ironco. struct, erect and complete the railroad now in progress of construction by the said the Howard Coal and Iron Company, from a point in or near the borough of Wilkesbarre to a point in or near the City of Scranton, together with all sidings, turnouts, depots, buildings and other improve- ments necessary thereto; and the same to use and operate by herself, or by any lessees or as- signs with whom she may contract; and in such construction and completion of said railroad, and in the procuring and taking the right of way therefor, and in the settlement and assessment of damages for such rights of way as are now occu- pied or may be occupied or taken for said rail- road, the said Union Coal Company shall be en- titled to all the provisions, rights and privileges, and be subject to all the provisions and condi- tions of the act of Assembly entitled "An act regulating railroad companies," approved the nineteenth day of February, in the year one thousand eight hundred and forty-nine, and the supplements thereto. (Signed.) JOHN P. GLASS, Speaker of the House of Representatives. L. H. HALL, Speaker of tJie Senate. 14 104 106 Appboved — the thirteentli day of February, A, D., one thousand eight hundred and sixty-seven. JOHN W. GEARY, Office of the Secretary of the Commonwealth, Hari'isburg, Feb. 14th, 1867. Pennsylvania.! ss. • I do hereby certify that the foregoing and annexed is a full, true and correct copy of the original Act of the General [l. S.J Assembly entitled "An act to consolidate the Union Coal Company and the HoM'ard Coal and Iron Company," as the same re- mains on file at this office. In testimony whereof^ I have hereunto set my hand and caused the seal of the secretary's office to be affixed, the day and year above written. J. B. GARA, Deputy Secretary of tlie Commonivealth. 105 107 LEGISLATURE OF MARYLAND. AN ACT to incokpokate the baltimore and pittston Coal Company. Whereas, William Lorman, William Gwynn, Astton Alexander, and others, have represented to this General Assembly of Maryland that they are desirous of introducing coal into the city of Baltimore more extensively than it has heretofore been, for manufacturing purposes, for domestic use and for exportation, from certain coal mines at and in the neighborhood of Pittston, in the State of Pennsylvania, and elsewhere, and have subscribed the sum of fifty thousand dollars, in shares of one hundred dollars each, for the purpose of working the said mines, transporting the coal therefrom, and vending the same, and carrying on all operations connected therewith ; and have ap- plied to this General Assembly for an act of in- corporation to accomplish the objects and pur- poses aforesaid. Therefore, Sec. 1. Be it enacted by the General Assembly cm-poratori. of Maryland, that William Lorman, William Gwynn," Ashton Alexander, James Bosley, S. Honeywell, John Merryman, John Patterson, Howes Goldsborough, Geo. Winchester, William McDonald and Son, Robert Oliver, Henry Pay- son and Company, William Spear, Stockton and Stokes, Luke Tiernan, J. S. M'Kim, L. Jarvis, William Norris, J. T. Barr, D. Barnum, Thomas A. Norris, Alexande'r Fridge, T. R. Matthews, 106 108 Justus Hoppe, F. W. Brune, H. Rodewald, G Earnest, William Morris, L. Kimball, S. C. Leakin, E. Carey, Andrew McLaughlin, P. Mac- cauley, William Jenkins, E.. G. Rowland, Wil- liam Owen, Thomas Symington, P. Laurenson,' H. Boggs, Samuel Moore, James Harwood, David Kuddach, John S. Bridges, Austin Woolfolk, John Walsh, John W. Kierle, F. Lucas, E. Jen- kins, William D, McKim, John Diffenderffer, James Beacham, John Gibson and Company, M. Kelley, Samuel Kirby, John McFadon, C, St. John, E. L. Finley, John O'Donnell, and Na- thaniel Pearce, their associates, successors -and assigns, be, and they are hereby incorporated and created a corporation and body politic, by the name, style and title of "The Baltimore and Pittston Coal Company," and by that name may have perpetual succession, and shall be capable in law to sue and be sued, to plead and be im- pleaded, to answer and be answered, in any court of law or equity, to make and use a common seal, and the same to alter, at pleasure ; to purchase, hold, improve and use estate, real, personal and mixed, to the extent and for the purposes men- tioned in this act; and to do and perform all such other acts in relation to the objects and pur- pose of their incorporation, hereinafter declared, and necessary to the exercise of the rights and powers granted to the said corporation, by this act, which any other corporate body may law- fully do: Prov/'ded, That the same shall not be repugnant to any laAV of this State or of the United States. pSn°^ "'"" Sec. 2. And be it enacted, That the objects and purpose of the said corporation are declared to be the procuring of coal, from any mine or mines which the said company shall own, at or in the neighborhood of Pittston, aforesaid, or else- where ; and the carrying on of all operations con- 107 109 nected tlierewith, and, for those objects and pur- poses, the said company is herehy authorized and empowered to purchase and hold one or more wharves or quays, and lands in fee simple, or for any other estate, and to erect buildings, coal yards, store houses, offices and other improve- ments on such lands as may be deemed conve- nient and necessary to 'the prosecution of their business, and to procure, by purchase or other lawful means, all kinds of necessary implements, boats, wagons, vessels, goods and chattels, and shall hold the same for the use of the company hereby incorporated. Skc. 3. And be it enacted, That the capital stock ^-'p""' ^*°<''^- of the said company shall be fifty thousand dol- lars, which may be increased, from time to time, and at sueh times as the wants of the said company may require, by a majority of the directors for the time being, and in such manner as they shall think fit, to any amount not exceeding five hun- dred thousand dollars ; and the said stock shall be divided into shares of one hundred dollars each ; and every person who is or shall become a proprietor of one or more shares of the said stock, shall, in virtue thereof, be a member of the said corporation, and shall be entitled, at all meetings of the stockholders for the election of officers or other purposes, to one vote, in person or by proxy, for every share of the said capital stock which shall be held by him ; and the said capital stock may, in whole or in part, consist of and be vested in lands, buildings, boats or vessels for the con- veyance of coal, wagons, machinery, tools or ma- terials necessary or useful for promoting or carry- ing on the objects and purj)oses of the said corporation. Sec. 4. And be it enacted, That if any sub- f„'f^„™lP*''' scriber to the capital stock of the said corpora- *eited. tion shall fail or neglect to pay any instalment lOS 110 Officers. Election rectors. of Di- Powcru of Di- rectors. or part of said subscription, for the space of thirty days next after the time at v/hich the same shall be demanded, by the president and directors of the said corporation, the stock on which it is demanded, shall be forfeited to the said corporation, and may be sold by the presi- dent and directors thereof, for the benefit of the said corporation ; but the president and directors may remit such forfeiture on such terms as they may deem proper. Sec. 5. And be it enacted, That the business and affairs of the said corporation shall be man- aged by Leonard Kimball, President; David Baruum, Heny Pay son, Luke Tier nan, John Gib- son, John Diffenderffer, James Beacham, Howes Goldsborough, and Frederick "W. Brune, Direct- ors thereof, until the first Monday in March, in the year one thousand eight hundred and thirty, on Avhich day, and on the same day in every suc- ceeding year, or within thirty days thereafter, there shall be a general meetins: of the stock- holders, of which meeting, twenty days public notice shall be given by the directors, for the time being, at which general meeting, nine direct- ors to manage the affairs of the said corporation, for the ensuing twelve months, shall be elected by ballot, by the stockholders then present, or a majority of them. Sec. 6. And be it enacted, That the board of directors, or a majority of them, shall, after their election, as herein provided, proceed to elect a president of the. said company from their own body, and may allow him such compensation for his services as they may think proper ; and they may fill up all vacancies which may happen in their body duiing the time of their continuance in office, and the said directors, or a majority of them, shall have power to prescribe the evidence 109 111 of ownership and transfer of shares of stock in said company ; to povide for the appointment and employment, compensation and dismissal of all such officers, agents, laborers^ and servants as they shall deem necessary, to provide for making all contracts, agreements and deeds, in the name and on behalf of the corporation, and for using the corporate seal thereof; and to make all such by-laws, orders, ordinances and regulations, which shall be necessary to the exercise and use of the said powers, rights, and privileges, and the same, from time to time, to alter or repeal; to keep full records of their proceedings, which shall be open for inspection at all meetings of the stockholders, and to committees appointed for the purpose, to report from time to time,, and, at least, annually, to the stockholders, a statement of their affairs, to declare dividends of the profits or of any por- tion of the profits, in their discretion, and gener- ■ ally to exercise all the powers and privileges con- ferred or appertaining to their corporation. Sec. 7. And be it enacted, That special meet- ings of the stockholders may be called by the board of directors, or by any number of stock- holders, who shall be proprietors of not less than one-third of the whole number of shares of stock subscribed, the members present and representing a majority of the whole number of shares of stock subscribed, shall be a quorum for the transaction of business ; and the stockholders at any general annual meeting, or at any special meeting, at which the stockholders of a majority of the whole number of shares of stock shall be represented, stockholders shall have full power to alter and repeal any by- jOTUy ft^tock law, rules or regulations made by the president iaw^,''&c' ^' and directors, and may make such new by-laws, rules and regulations as a majority of the whole number of votes of the stockholders shall assent to, which shall be binding on the president and 110 112 directoi's: Provided^ That the same be not con- trary to any of tlie provisions of this act. * Sec. 8. And be it enacted, That the shares in the capital stock of this corporation shall ):»e deemed personal estate; and when any person shall be divested of all his stock, l>y transfer or otherwise, he shall cease to be a member of the said corporation; and all the capital stock, and sJtockhoidei-8 all the estatc .and property, real and personal, FiabieTo/debtp, claittis and cflFects of the corporation shall be &c. of corpora- t tt iir» j_x Hons. bound and answerable tor any contracts or en- gagements made, or liability incurred by or Un- der the authority of the said corporation and its agents, for its use and accounts. Sec. 9. And be it enacted, That nothing con- tained in this act, shall be construed to restrict the right of the legislature to impose, from time to time, and at all times hereafter, and by such Taxes reasonable tax upon the property, real, personal and mixed in which the capital stock of the said company hereby incorporated, shall be invested in common with similar property of any other corporation or individual of this state. Sec. 10. And be it enacted. That this act shall continue and be in force until the first day of January, 1850, and, until the end of the next ses- sion of the General Assembly that shall happen thereafter. MziRYLAND, SCT. We herel^y certify that the foregoing is a 'true copy of the original act passed by the General As- sembly of Maryland, at December Session, 1828. Witness our respective signatures, at the City of Annapolis, this 17th day of February, 1829. GIDEON PIERCE, Clk. H. D. Md. LOUIS G ASS AWAY, Clk. Senate, Md. Limitation of Charter. Ill 113 FIRST SUPPLEMENT THERETO. .1829, CHAPTER 19. a srpplemekt to an act entitled, "aw act to incorporate the baltimore and pittston Coal Company." Sec. 1. Be it enacted by tlie General Assembly of Maryland, That tlie name of the Baltimore and Pittston Coal Company be, and the same is here- by changed to that of the " Baltimore Coal Com- Name changed. pany," and that the said company shall hereafter be known and recognized in law by that name. Sec. 2. And be it enacted. That the deeds and contracts whatsoever, hereafter made to or with the said Baltimore and Pittston Coal Company, shall enure to the benefit of the Baltimore Coal Company, and that the said Baltimore Coal Com- SeX^T/ii- pany shall be entitled to all the rights, privileges ^olTipittslon and immunities granted to the Baltimore and company, Pittston Coal Company, by the act to which this is a supplement, and be subject to all the obliga- tions and liabilities to which the said Baltimore and Pittston Coal Company was heretofore sub- jected. SECOND SUPPLEMENT THERETO. 1831, CHAPTER SI. A FURTHER SUPPLEMENT TO AN ACT ENTITLED " An ACT TO INCORPORATE THE BALTIMORE COAL COM- PANY." Sec 1. Be it enacted by the General Assembly of Maryland, That the Baltimore Coal Company be, and hereby is authorized, from time to time, 15 112 114 to sell, exchange, ot otherwise dispose of, and ac- cordingly convey, or cause to he conveyed, all or Sales of proper- ^^y parts of the land 8 and real property and estate now vested in or owned by said corpora- tion, or that may hereafter, from time to time, be so vested or owned, or wherein or whereof, under any trust, or otherwdse, the said corporation now has or may hereafter have any use or beneficial interest whatsoever: Provided^ That the said Baltimore Coal Company shall not, at any time hereafter, purchase or hold, by selling or exchange, more estate, real or personal, than the said com- pany is authorized to hold and possess by the sec- ond section of the act to which this is a supplement. Sec, 2, And be it enacted. That the sales, ex- changes and dispositions may be made by a majority of the directors for the time being of MrectorBautho- Said Corporation, and that the conveyances in that property^^ behalf shall be under the seal of the corporation and signed by a majority of said directors for the time being; and such conveyances, if acknowl- edged by the directors signing as aforesaid, and recorded in the manner and within the time as is required for acknowledgement and recording of conveyances of lands within this State, shall be valid right, title, claim, interest and estate of said corporation, to and in the lands, property and estate by said conveyances purport- ed to be conveyed. Sec. 3, And be it enacted. That in order to supply the demand that may exist for coal, the board of directors of said corporation be, and is hereby authorized, from time to time, for the operations of said corporation, to procure and ob- tain, by any contract or otherwise, any quantity or quantities of coal as may seem to said board expedient, and from any other sources than the mine or mines which said corporation may now, or at any time hereafter, own or have the use of. Authoiized to bu3' coal by con- tract or other- wise. 113 115 LEGISLATURE OF PENNSYLVANIA. ACT OF INCORPORATION OF THE BALTIMORE COAL COMPANY IN PENNSYLVANIA. An act to authorize the Baltimore Coal Compa- ny TO hold lands in the county of Luzerne. Whereas, William Lorman and others, his asso- ciates, by an act of the General Assembly of Maryland, entitled " An act to incorporate The Baltimore and Pittston Coal Company," passed the seventeenth day of February, one thousand eight hundred and twenty-nine, were incorporated and created a corporation and body politic, by the name, style and title of The Baltimore and Pitts- ton Coal Company, which said name, style and title was a supplement, passed in December, one thousand eight hundred and thirty-two, by the said General Assembly, changed into the name, style and title of The Baltimore Coal Company, for the purpose of mining and transporting coal from the valley of Wyoming, in the county of Luzerne, in this commonwealth : And whereas^ the said Baltimore Coal (company are desirous of engaging extensively in mining and transporting coal in said valley of Wyoming, and, for that purpose, are desirous of purchasing and holding coal lands therein for the prosecution of their mining opera- tions. Therefore, Sec. 7. Be it enacted, by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is 114 chase lands to the extent of 2,000 acres. 116 hereby enacted by the authority of the same, That the said Baltimore Coal Company is hereby authorized and empowered to purchase and hold SSo^pp-""" lands in the townships of Pittston, Wilkesbarre and Hanover, in the said county of Luzerne, for the purpose of mining and transporting coal, and the same, or any part thereof, to sell or otherwise dispose of, as the interests of the said company may require : Provided, That the said company shall n,othold lands exceeding tM'o thousand acres. Sec. 8. That the said Baltimore Coal Company, by the name and style of the Baltimore Coal Company, shall be capable in law to sue and be sued, to plead and be impleaded, to answer and be answered, in any court of law in this common- wealth ; and the said company, by the name and style of the Baltimore Coal Company, is hereby authorized to carry on the business of mining, transporting and selling coal in the townships aforesaid, under the same regulations and restric- tions imposed upon the Wyoming Coal Company, incorporated by an act of the General Assembly of this commonwealth, passed the sixteenth day of April, one thousand eight hundred and thirty- Legal status, eight: Promded, That in any judicial proceeding instituted against the said Baltimore Coal Com- pany within the jurisdiction of this state, the service of any process upon any known agent of the said company, in the proper county, shall be as good and as available in law as if served upon the president of the said company : And provided further, That in case the said company shall, at any time, be without a known agent in the said county of Luzerne, notice of any process issued against the said company in said county, publish- ed for three successive weeks, in one newspaper published in the said county of Luzerne, the last publication of such notice being at least ten days before the return day of such process, shall be as 115 117 good and as available in law as if the said pro- cess had been served upon the president of the said company. Seo. 9. That the property of the said Baltimore Coal Company, whether real, personal or mixed, Avithin this' State, shall at all times he liable for '^'""'^' its debts and subject to taxation, in like manner as similar property held by an individual or by a corporation now is or may be. Sec. 10. That the Legislature of this Common- wealth hereby reserve the power to alter, revoke, charter may be or annul the privileges granted by this act, when- ever, in their opinion, the enjoyment of the same may be injurious to the citizens of this Common- wealth, in such manner, however, that no injus- tice shall be done to the corporators aforesaid; Provided^ The said company shall pay into the Treasury of the Commonwealth, a tax of eight per cent, upon all dividends of six per cent, per annum, or upwards, declared or paid by said com- Taxondivi- pany on the capital stock thereof, in the same manner that other taxes or dividends are now paid. Passed both Houses, as amendment to "An act to authorize Isaac Davis and others, trustees un- der the will of John Pemberton, deceased, to sell and convey certain real estate, and for other pur- poses." 116 118 EXTENSION OF CHAETER OF THE BALTI- MORE COAL COMPANY. An act to extend an act entitled, "An act to Incorporate the Baltimore and Pittston Coal Company," passed at December Session, 1828, chapter 57, and the supplements thereto. Be it enacted by the General Assembly of Maryland, That the act entitled, '' An act to in- corporate the Baltimore and Pittston Coal Com- pany," passed at December session, 1828, chapter 57, and the supplements thereto, shall be, and they are hereby continued and extended to the first day of January, 1875, and to the end of the General Assembly next thereafter. Sec. 2. And be it enacted. That the right is hereby reserved by the General Assembly of Maryland, to alter, amend or repeal this act of in- corporation at its pleasure. We hereby certify that the aforegoing is a true copy from the original law which passed both branches of the General Assembly of Maryland, at December session, 1847. Given under our hands, at the city of Anna- polis, this 2d day of February, 1848. GEORGE G. BEEWER, Cleric of the House of Delegates of Md. JOS. H. NICHOLSON. Clerk of the Senate of Md. 117 119 ACTS OF THE PENNSYLVANIA LEGISLATURE UNDER WHICH THE BALTIMORE COAL AND UNION R. R. COMPANY WAS ORGANIZED. An act concerning the sale of bailboads, canals, tubnpikes, bridges and plank roads. Sec. 1. Be it enacted by the Senate and House of Representatives of the commonwealth of Penn- sylvania, in General Assembly met, and it is here- by enacted by the authority of the same. That whenever any railroad, canal, turnpike, bridge or plank road of any corporation created by or un- der any law of this State, shall be sold and con- veyed under and by virtue of any process or decree of any court of this State, or of the circuit court of the United States, the person or persons for, or on whose account such railroad, canal, .•TT-T IT -I T -M -I rersons purcQa- turnpike, bridge or plank road, may be purchased, sing railroads. shall be and they are hereby constituted a body b™aecree''o/'' politic and corporate, and shall be vested with vested with an all the riffht, title, interest, property, possession, tandfiees^of 1 . IT V • 1 ' r Jr jir i ^^^.^ corpora- claim and demand, in law and equity, oi, m and tione. to such railroad, canal, turnpike, bridge or plank road, with its appurtenances, and with all the rights, powers, immunities, privileges and fran- chises of the corporation as whose the same may have been so sold, and which may have been granted to oV conferred thereupon by any act or acts of Assembly, whatsoever, in force at the time of such sale and conveyance, and subject to all the restrictions imposed upon such corporation by any such act or acts, except so far as the same are modified hereby; and the person for or on whose account any such railroad, canal, turnpike, Persons purcha- 118 120 Organization. Powers, bridge or plank road may have been purchased, shall meet within thirty days after the convey- ance thereof shall be delivered, public notice of the time and place of such meeting having iDeen given, at least once a week, for two weeks, in at least one newspaper published in the city or county in which such sale may have been held, and organize said new corporation by electing a president and board of six directors ( to continue in office until the first Monday of May succeeding such meeting, when, and annually thereafter, on the said day, a like election for a president and six directors shall be held, to serve for one year) and shall adopt a corporate name and common seal, determine the amount of the capital stock thereof, and shall have power and authority to make and issue certificates therefor to the pur- chaser or purchasers aforesaid, to the amount of their respective interests therein, in shares of fifty dollars each, and may then, or any time thereafter, create and issue preferred stock to such an amount and on such terms as they may deem necessary, and, from time to time, to issue bonds, at a rate of interest not exceeding seven per cent., to any amount not exceeding their capital stock, and to secure the same by one or more mortgages upon the real and personal property and corpor- ate rights and franchises, or either, or any part or parts thereof Sec. 2. That it shall be the duty of such new ,. .■<, . . ^ corporation, within one calendar month after its Ccrtiflcato to tie J- . . ' , (tied with secre- Organization, to make a certificate thereof, under tary of State. , ^ '_ iii« «• its common seal, attested by the signature of its president, sj)ecifying the date of such organization, the name so adopted, the amount of capital stock, and the names of its president and directors, and transmit the said certificate to the Secretary of State, at Harrisburg, to be filed in his office and there remain on record ; and a certified copy of 119 121 sucla certificate so filed shall be evidence of the corporate existence of said new corporation. ELISHA W. DAVIS, Speake7' of the House of Representatives. ROB'T M. PALMER, Speaker of the Senate. Approved — The eighth day of April, A. D. one thousand eight hundred and sixty-one. A. G. CURTIN. 120 122 A SUPPLEMENT To AN ACT ENTITLED AN ACT CONCERNING THE SALE OF BAILEOADS, CANALS, TURNPIKES, BRIDGES AND PLANK ROADS, APPROVED THE 8TH DAY OF APRIL, A. J)., 1861, SO FAR AS RELATES TO CERTAIN COUN- TIES. Sec. 1. Be it enacted by tlie Senate and House of Eepresentatives of the Common wealth of Penn- sylvania, in General Assembly met, and it is here- by enacted by the authority of the same, That the purchaser or purchasers, or the person or per- sons for or on whose account the same may be purchased, as provided in the act to which this is a supplement, of the corporate property and estate of any incorporated coal company within the counties of Luzerne and Schuylkill, are hereby vested with all and singular the rights, powers and privileges that are conferred upon the person or persons for or on whose account any railroad, canal, turnpike, bridge, or plank road of any cor- poration created by or under any law of this State, may be purchased, as is provided in an act entitled "An act concerning the sale of railroads, canals, turnpikes, bridges and plank roads, ap- proved the eight day of April, A. D., one thou- sand eight hundi'ed and sixty-one: Provided said new corporation shall have the same, but no other or greater powers or privileges, than those grant- ed or conferred upon the incorporated company whose property shall have been sold by any act "% or acts of Assembly, in force at the time of such sale and conveyance, and be subject to all the re- strictions imposed upon such corporation by any such act or acts, except so far as the same are 121 123 modified by the before referred to act of Assem- bly, approved the eighth day of April, A. D., one thousand eight hundred and sixty-one. ELISHA W. DAVIS, Speaker of the House of Representatives. JAS. L. GRAHAM, Speaker of the Senate. Approved — the tenth day of March, A. D., one thousand eight hundred and sixty-eight. JOHN W. GEARY. 122 124 A SUPPLEMENT To AN ACT ENTITLED "An ACT TO AUTHORIZE THE SALE OF THE PEOPEETY OF ANY INCOEPOEATED COMPANY, UPON THE BONDS SEGUEED BY A MOETGAGE GIVEN BY IT, WITH LIKE EFFECT AS IF SOLD UPON THE MOETGAGE," APPEOVED THE IOtH DAY OF APEIL, A. D., 1867, EXTENDING THE SAME TO INCOEPOEATED COAL COMPANIES IN THE COUNTY OF LUZEENE, AU- THOEIZING THE PUECHASEES OF THE SAME TO OR- GANIZE NEW COEPOEATIONS. Sec 1. Be it enacted by tte Senate and House of Representatives of the Commonwealtli of Penn- sylvania, in General Assembly met, and it is here- by enacted by the authority of the same, That the purchaser or purchasers, or the person or per- sons for or on whose account the same may be purchased, as provided in the acts to Avhich this is a supplement, of the corporate property and estate of any incorporated coal company, within the county of Luzerne, are hereb}' vested with all and singular the rights, powers and privileges that are conferred upon the person or persons for or on whose account any railroad, canal, turnpike, bridge, or plank road of any corporation created by or under any law of this State may be pur- chased, as is provided in an act entitled "An act concerning the sale of railroads, canals, turnpikes, bridges and plank roads," approved the eighth day of April, A. D., one thousand eight hundred and sixty-one: Provided said new corporation shall have the same, but no other or greater powers or privileges than those granted or con- ferred upon the incorporated coal company whose property shall have been sold by any act or acts of Assembly in force at the time of such sale and conveyance, and be subject to all the restrictions imposed upon such corporation by any such act 123 125 or acts, except so far as the same are modified by the before referred to act of Assemby, approved the eighth day of April, A. D. one thousand eight hundred and sixty-one. ELISHA W. DAVIS, Speaker of the House of Representatives. JAS. L. GRAHAM, Speaker of the Senate. Approved — the eighteenth day of March, A-. D. one thousand eight hundred and sixty-eight. JOHN W. GEARY. 121 Organization. 126 CEKTIFICATE OF ORGANIZATION OF THE BALTIMORE COAL AND UNION RAILROAD COMPANY. The Baltimore Coal and Union Eailroad Com- pany do, by these presents, hereby certify, That at a meeting duly appointed and advertised there- for, the persons for and on whose account was purchased, at judicial sale, upon process issued out of the courts of the State of Pennsylvania, the corporate property, estates and franchises of The Union Coal Company, an incorporated coal company, at the time of the said sale, within the county of Luzerne, state aforesaid, did meet in pursiiance of said call, on the second day of April, A. T). one thousand eight hundred and sixty-eight, at ten o'clock A. M., at the "Wyoming Valley Hotel, in the borough of Wilkesbarre, county and state aforesaid, within thirt}' days from the receipt of the sheriff's deed of conveyance of said corpo- rats property, estate and franchises, to organize a new corporation, as by law is provided may be organized by the purchaser or purchasers, or per- son or persons for or on whose account may be purchased the corporate property and estate of any incDrporated coal company within the county of Luzerne ; and they did, then and there, agreeably to law, organize a new corporation, with all the rights, powers, immunities, privileges and fran- chises of The Union Coal Company, and which may have been granted to or conferred upon the said The Union Coal Company, by any act or acts of Assembly whatsoever, in force at the time of the sale and conveyance refeiTed to of the estate and franchises of the said The Union Coal Com- pany, subject to all the restrictions imposed upon said The Union Coal Company by any such act 125 127 or acts, except so far as the same are modified by the provisions of an act entitled "An act concern- ing the sale of railroads and canals, turnpikes, bridges and plank roads," approved the eighth day of April, A. D. one thousand eight hundred and sixty-one. And that the date of the organization of said new corporation was the second day of April, A. Date. D. one thousand eight hundred and sixty-eight. And that the name adopted for said new corpo- ration was The Baltimore Coal and Union Rail- Title. road Company. And that the amount of the capital stock de- termined and fixed upon for said new corporation was two millions of dollars, in shares of fifty dol- capital stock. lars each, and which sum is now the amount of the capital stock thereof And that Edward A. Quintard was then duly elected president of the said new corporation, and is, at the date hereof, president thereof And that officers. Francis Skiddy, Herbert D. Ward, 8. L. Crosby, Samuel D. Coykendall, Hamilton Odell, and Wil- liam (Jonyngham were then duly elected the direc- tors of the said new corporation, and are, at the date hereof, the directors thereof And that the common seal then adopted for the corporate seal of said new corporation, and which is, at the date hereof, the corporate seal thereof, is hereto afiixed. This certificate is made in compliance with the laws of the Commonwealth of Pennsylv.ania, and that the same may be filed in the ofiice of the Secretary of State, at Harrisburg, and there re- main on record. In testimony whereof. The Baltimore Coal and Union Railroad Company have, caused their cor- 126 128 porate seal to these presents to be hereunto affix- ed, attested by the signature of their president, this sixth day of April, in the year of our Lord one thousand eight hundred and sixty-eight. [SEAL.J Signed, BALTIMOEE COAL AND UNION E. E. CO., By E. A. QUINTAED, President. 127 129 LEASE OF THE BALTIMOEE COAL AND UNION EAILROAD COMPANY TO DELAWARE AND HUDSON CANAL COMPANY. This indentuie, made the first day of December, A. D. 1868, between The Baltimore Coal and Union E-ailroad Company, of the first part, and the President, Managers and Company of the Delaware and Hudson Canal Company, of the second part, Witnesseth, That the said party of the first part, for the consideration hereinafter named, doth, by these presents, demise, let and lease unto the said party of the second part, for the term of eighteen years fi-om January 1st, A. D. 1869, to expire the 1st day of January, A. D, 1887, all of the property and estate, real, personal and mixed, of the said party of the first part, situate within the county of Luzerne, State of Pennsyl- vania, and elsewhere, including their railroad and appurtenances ; and also, by these presents, assign and convey to said party of the second part, all moneys, etc., becoming payable, during said term, from the Lehigh Coal and Navigation Company, for use of said road ; together with all and every benefit, right or advantage the party of the first part may or might hold, claim or demand, now or during said term, of, in, under or by virtue of any contract or contracts existing between said Lehigh Coal and Navigation Company and the party of the first part, with the full, free and uninterrupted right, unto the party of the second part, to mine and take from the estate and premises hereby leased, three hundred thousand tons of coal per annum, each and every year during said term. 17 128 130 And the party of the second part hereby agrees to lease the same, together with the right to the moneys and in the contracts aforesaid, for said term, and pay, as consideration and rental therefor, the interest, coupons or warrants, as they become due and payable during the continuance of this lease, upon the one million of dollars of bonds issued and owing by the late Union Coal Com- pany, which bonds bear date January 1st, A. D. 1867, and payable January 1st, A. D. 1887.' And also, pay all taxes assessed upon the property leased, and mine rents and royalties during the continuance of this lease, and the same keep, and, at the expiration thereof, deliver up, in good order and repair, reasonable wear and tear and damage by fire or other unavoidable casualties excepted (none of the property late of the Baltimore Coal Company is embraced in this lease). It is hereby farther expressly understood and agreed, anything hereinbefore contained to the contrary notwithstanding, that the said party of the second part are to have the rights and privi- leges of mining and taking from the estate and premises leased, any amount of coal in excess of the said three hundred thousand tons per annum they may elect or desii'e, paying therefor, to the party of the first part, at the rate or price of twenty-five cents per ton for said excess ; also, that said party of the second part to have the right to make, at their discretion, any additions or improvements to or upon the estate and premises leased, and the party of the first part to pay the party of the second part therefor during the con- tinuance or at the expiration of this lease ; any moneys owing for excess of coal taken over three hundred thousand tons per annum to be credited thereon. 129 131 Also, that either party shall have the right to terminate this lease, at any time during aforesaid term, by giving notice, in writing, twelve months in advance to the other party, said notice to bear date and commence to run on and ii'om the first day of any January after same is given. Also, that all and every agreement or stipula- tion heretofore made or existing, by or between the parties hereto, or with the late Union Coal Company, or either thereof, or that is obligatory upon both or either of same, are hereby declared suspended, so far as same relate to the property and estate hereby leased, and conflicts with the terms and conditions of this agreement; but only as to the estate and property embraced in this agree- ment, or intended so to be by the parties, and for so long and no longer suspended as the party of the second part shall hold and enjoj' the same, imdei this agreement. And, also, that this indenture or agreement of lease is to be held, taken and construed to give to and confer upon the party of the second part, during its continuance, the full, free, exclusive, and uninterrupted right to possess, use and en- joy the estate and property leased, with its ap- purtenances, as they might or could do if' the owners thereof, or as the said party of the first part might or could have used and enjoyed the same, had this agreement not been made or en- tered into. All rights and liabilities heretofore given to or imposed on either of the parties hereto shall extend to the successors and assigns of such party. In witness whereof, the parties hereto have subscribed to these presents by affixing their re- 130 132 spective corporate seals hereto, attested by their respective presidents, the day and year first above written. THE PEESIDENT, MANAGERS AND COM- PANY OF THE DELAWARE AND HUDSON CANAL COMPANY. By GEO. TALBOT OLYPHANT, President. [seal.] Attest, L N. SEYMOUR, Treasurer. THE BALTIMORE COAL AND UNION R. E. CO. By C. F. YOUNG, President. [seal.] Attest, GEO. HART, Secretary. 131 133 AN ACT to incorporate the plymouth and wllkesbarre Eailroad and Bridge Company. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and It is here- by enacted by the authority of the same, That Henderson Gaylord, "Wm. C. Reynolds, Samuel Hoyt, Charles Bennett, W. W. Ketchum, L. D. Shoemaker, Geo. P. Steel, Draper Smith, Alex- ander Gray, John Brown, Charles Dorrance, A. J. Davis, and Walter G. Sterling, of Luzerne county ; ErsMne Haggard, Paul Thurlow, J. Willis Mar- tin, Samuel Jones, M. D. H. M. Fuller, James Coxe, Richard Richinsou, and Henry J. Boiler, of Phil- adelphia city, and E. A. Douglass, of Carbon county, or a majority of them, be, and they are hereby appointed conimissioners to receive sub- scriptions and organize a company, by the name, style and title of the Plymouth and Wilkesbari'e Railroad and Bridge Company, with power to construct a railroad from the Susquehanna and Lehigh Railroad, in Wilkesbarre or Hanover town- ship, in Luzerne county, and connect therewith at or near the crossing of said railroad over the North Branch Canal, at South Wilkesbarre, to connect with the Lackawanna and Bloomsburg Railroad, at or near the Coal Breaker of the Bos- ton Coal Company, in the township of Plymouth, in Luzerne county ; and to build and erect a rail- road bridge across the Susquehanna river, at or near Richards Island in said river. Sec. 2. That the capital stock of said company shall consist of two thousand shares, of fifty del- 132 134 lars each ; and for the purpose of completing and equipping the said railroad and building the bridge, the said company shall have the power to borrow any sum of money necessary to complete the same, at a rate of interest not exceeding seven per centum per annum, and to secure the payment of the same by the issue of bonds and by a mort- gage of the said railroad and bridge, together with the coi'porate rights and franchises granted by this act. Sec. 3. That the said company be, and they are hereby authorized to connect their said railroad with any other railroad, now made or hereafter to be made, and to construct lateral branches, not exceeding three miles in length, from either term- inus, or from any point on the line of said rail- road, such lateral branches to be subject, however, to all the conditions and restrictions provided by this act for the building and construction of the main road. Sec. 4. That the said company shall have all the rights and privileges enjoyed by the Lacka- wanna and Bloomsburg Railroad Company, for the obtaining and settling for the i-ights of way over any lands which the said railroad may pass. Sec. 5. That this company hereby shall have all the rights and privileges and be subject to all the restrictions of the act regulating railroad compa- nies, passed the nineteenth day of February, A. D. eighteen hundred and forty-nine (1849), except the eighteenth section of said act. Sec. 6. That upon the completion of said bridge and railroad authorized as aforesaid, the same shall be esteemed a public highway, for the con- veyance of passengers and the transportation of freight, subject to such rules and regulations in 133 135 relation to the same, and to the size and construc- tion of wheels, cars and carriages, the weight of loads, and all other matters and things connected with the use of said railroad, as the president and directors may prescribe and direct : Provided^ That said company shall have the exclusive con- trol of the motive power, and may, from time to time, establish, demand and receive such rates of toll or other compensatian for the use of such road and of said motive power, and for the con- veyance of passengers, the transportation of mer- chandise and commodities, and the cars and other vehicles containing the same, or otherwise, passing over or on the said bridge and railroad, or either, as to the president and directors may seem reason- able. W. C. A. LAWRENCE, iSpeaker of the House of Representatwes. . JNO. CRESSWELL, Je., Speaker of the Senate. Approved — ^The twelfth day of April, A. D. one thousand eight hundred and fifty-nine. W. F. PACKER. 134 136 A SUPPLEMENT To THE ACT INCOBPOBATING THE PLYMOUTH AND WiLKESBARRE EaILBOAD AND BRIDGE COMPANY, APPROVED THE 12tH DAY OP APRIL, A. D. 1859. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is here- by enacted by the authority of the same, That the number of directors shall consist of not more than twelve nor less than seven, who shall be elected at the time and in the manner prescribed by the third section of the act regulating railroad companies, approved the nineteenth day of Feb- ruary, one thousand eight hundred and forty- nine. Sec. 2. That it shall be lawful for any other chartered company to subscribe to the capital stock of this company, or to loan the said company money, in such manner as is provided in the second section of the act to which this is a supplement. Sec. 8. That the said company shall have power, at their option, to construct the bridge provided for in the act to which this is a sup- plement, so that the same may be a toll and rail- road bridge, and charge and receive tolls for crossing the same whenever it shall be finished. JOHN M. THOMPSON, Speaker {pro tern) of the HovLse of Representatives. WILLIAM M. FEANCIS, Speaker of the Senate. Approved — the fifteenth day of March, A. D. one thousand eight hundred and sixty. 135 137 A SUPPLEMENT To "An, ACT TO INCORPORATE THE" PLYMOUTH AND WiLKESBARRE EaILROAD AND BRIDGE COMPANY," APPROVED THE 12tH DAY OF APRIL, A D. 1859. Whereas, the requirements of the act of incor poration have been complied with, and the char- ter has been obtained, dated the thirtieth day of November, A. D. one thousand eight hundred and fifty-nine; but, owing to the financial embar- rassments and the other difficulties in ^vhich the country has been involved, the construction of the proposed railroad has not been commenced within the three years limited by the General Railroad Law of the nineteenth of February, A'. D. one thousand eight hundred and forty-nine. The said company are now desirons to commence the construction of the said road, and complete the same, as soon as it can be done. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is here- by enacted by the authority of the same. That the time for the commencement of the construc- tion of the proposed railroad and bridge, by the said Plymouth and Wilkesbarre Railroad and Bridge Company is hereby extended for the period of two years from the passage of this act, and the charter of the said company is here- by declared to be valid, and with same force and effect, as if the commencement of, the construc- tion of the proposed railroad had been com- menced within the three years from the date of the act of incorporation. JOHN CESNA, /Speaker of the House of Representatives. G. V. LAWRENCE, Spealter of the Senate. 18 136 138 Approved — the fourteentli day of April, A. D. one thousand eight hundred and sixty-three. A. G. CURTIN. A FURTHER SUPPLEMENT To THE " Act ingoepoeating the Plymouth and WlLKESBAREE RaILEOAP AND BeIDGE COMPANY," APPROVED THE TWELFTH DAY OF ApEIL, A. D. ONE THOUSAND EIGHT HUNDEED AND FIFTY-NINE. Sec. 1. Be it enacted by the Senate and House of ReiDresentatives of the Commonwealth of Penn- sylvania, in General Assembly met, and it is here- by enacted by the authority of the same. That the said company be, and are hereby authorized and empowered, and shall have the right to ex- tend their railroad, and cross at grade the track of any railroad noAV made or hereafter to be made, in such manner as to connect with any lateral branch railroad which said company may construct, under the authority of their charter, or to cross at grade the track of any railroad, as aforesaid, by a lateral branch railroad, which said company may build, under the provisions of their charter, from any point on the line of their said road, subject to the provisions of the act of the twentieth day of May, A. D. one thousand eight hundred and fifty-seven, entitled "A supplement to the act regulating railroads." A. G. OLMSTED, Speal'er of tlie House of Representatives. WM. O. TURRELL, Speaker of the Senate. Approved — the fourteenth day of March, A. D., one thousand eight hundred and sixty-fi.ve. A. G. CURTIN. 137 138 139 139 AN ACT To AUTHORIZE THE PRESIDENT, MANAGERS AND COM- PANY OF THE Delaware and Hudson Canal Company to construct a railroad from the point of intersection of the Lackawanna and Susque- hanna Railroad with the line between the STATES OF Pennsylvania and New York to an intersection of the Jefferson Railroad, at or near the village of susquehanna, in susque- HANNA County, in the State of Pennsylvania. Sec. 1. Be it enacted by the Senate and House of Representativeis of the Commonwealth of Penn- sylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the President, Managers and Company of the Delaware and Hudson Canal Company be, and they are hereby authorized to locate and construct a railroad from a point where the Lackawanna and Susquehanna Railroad inter- sects the State line between the States of Penn- sylvania and New York, to an intersection of the Jefferson Railroad, at or near the village of Susquehanna, in the County of Susquehanna, in the State of Pennsylvania. Sec. 2. That the said President, Managers and Company of the Delaware and Hudson Canal Company, in the location and construction of the said railroad shall have all the power, authority and privileges given in the tenth section of the Act entitled "An Act regulating railroad compa- nies," approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine; and all damages in the location and no 140 construction of tlie said railroad for right of way and land and materials taken, or otherwise, if the parties cannot agree therefor, shall be secured and assessed and paid in the manner provided by the said Act of Assembly, entitled " An Act regulating railroad companies," and the several supplements thereto. JAS. H. WEBB, Speaker of the House of Representatives. WILLIAM A. WALLACE, SpeaTcer of the Senate. Approved — the twelfth day of May, Anno Domini one thousand eight hundred and seventy- one. JNO. W. GEARY. Ul 141 AN ACT Eelating to certain railroads, canal and incorpo- rated COMPANIES authorized TO CONSTRUCT RAIL- roads, and authorizing such companies to purchase and hold stock and bonds ; to lease roads and property of, and consolidate with each other in the counties of susquehanna, Wyoming, Wayne and Luzerne. Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be lawful for any railroad, canal or navigation company incorporated by, or exercising within this Commonwealth and under and in pursuance of the laws thereof, corporate privileges, within the counties of Susquehanna, Wyoming, Wayne and Luzerne, to purchase and hold the stock and bonds, and to lease the road and property of or become consolidated and merged with any other incorporated company authorized by the laws of this Commonwealth to construct a railroad, or possessing railroad privileges ; and for any such incorporated company, so authorized, to construct a railroad, or possessing railroad privileges to purchase and hold the stock and bonds, and to lease the road, canal, and property of, or become consolidated and merged with any such railroad, canal or navigation company in the same manner as such purchases, leases, consolida- tion and merger are now provided or allowed by law, and by and between railroad companies incorporated by this Commonwealth, and all the provisions of existing Acts relative to such pur- U2 142 chases, leases, consolidation and merger, by and between railroad companies incorporated by this Commonwealth are whenever, or so far as appli- cable, hereby extended so as to embrace the purchases, leases, consolidations and mergers hereby authorized, and so that the authority by this act conferred may be effectually and lawfully exercised, and when any merger and consolidation shall be made in accordance with the provisions of this act, all the property, rights, franchises and privileges of the company so merged, shall liy virtue of such merger be thereby transferred to, and vested in, the company into which such merger shall be made : Provided, That any consolidated company formed by the merging of two or more companies under the provisions of this act, shall not charge any higher rates for transportation than the rates now allowed by law over the respective roads so merged. JAMES H. WEBB, Speaker of the Houne of Representatives. WILLIAM A. WALLACE, Speaker of the Senate. Appeoved — rthe eighteenth day of May, A. D. one thousand eight hundred and seventy-one. JNO. W. GEAEY. 143 ARTICLES OF ASSOCIATION LAW S RELATING TO THE ALBANY AND SUSQUEHAMA RAILROAD COMPANY. ALBANY : WEED, PARSONS & COMPANY, PRINTERS. 1867. Ui U5 ARTICLES OF ASSOCIATION. Articles of Association of the Albany and Susquehanna Eailroad Company made and entered into this the second day of April, in the year one thousand eight hundred and fifty-one. The subscribers hereby agree to form a company, pursuant to the act of the Legislature of the State of New York, enti- tled " An act to authorize the formation of railroad corpora- tions, and to regulate the same," passed April 2d, 1850, to be called " The Albany and Susquehanna Eailroad Company," for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons and prop- erty from some point on the line of the TvTew York and Erie Eailroad, at or near the village of Binghainton, in the county of Broome, to the city of Albany, in the State of I*few York, through the valleys of the Susquehanna, by the way of the Great Bend, Schenevus and Cobleskill, and thence by the most feasible route, and they hereby declare and specify pursuant to the act aforesaid : First, That the namd of said company shall be The Albany and Susquehanna Eailroad Company. Second, That the number of years the said Company shall continue is one hundred and fifty years from the date of these articles of association, agreement and declaration. Third, That the places from and to which the said road is to be constructed, maintained and operated are from the line of the New York and Erie Eailroad, at or near Binghamton, to the city of Albany, in the State of New York. Fourth, That the length of said road, as near as may be, ^111 be one hundred and forty miles. 146 Fifth, The counties in the State of New York through or into which the same is to be made, or intended to be made, are Broome county, Chenango county, Otsego county, Dela- ware county, Schoharie county, Schenectady county and Albany county, and so far as the same extends on its route along the valleys of the Susquehanna river and the Schen- evus and Oobleskill creeks. Sixth, The capital stock of the said Albany and Susque- hanna Railroad Company shall be one million and four hundred thousand dollars, with the right to increase the said stock, pursuant to the provisions of the said act before referred to. Seventh, The said capital stock of the said Albany and Susquehanna Eailroad Company shall consist of fourteen thousand shares of one hundred dollars each. Eighth, The names and places of residence of the directors of the said Albany and Susquehanna Eailroad Company, who shall manage its affairs for the first year, until others are chosen in their places, are Edward C. Delavan, William V. Many, Eobert H. Pruyn, Eranklin Townsend, Charles Van Benthuysen and Erastus Corning, Jr., of the city of Albany, Joel P. iSTott, of the town of Guilderland, Charles Courter, of Cobleskill, George W. Chase, of Maryland, Samuel B. Beach, of Oneonta, Arnold B. Watson, of Unadilla, Eichard W. Juliand, of Bainbridge, and Gideon Hotchkiss, of Windsor. In witness whereof the undersigned have hereunto set and subscribed their names and places of residence and the num- ber of their shares of the capital stock of the Albany and Susquehanna Eailroad Company, which they hereby agree to take in said company, pursuant to the provisions of the said act hereinbefore referred to. Dated the 2d day of April, in the year one thousand eight" hundred and fifty-one. (Here follotvs 323 names, subscribing for 1,411 shares of stock.) m STATE OF NEW YOEK, City ajst> County of Albany. The undersigned George W. Chase, of Maryland, Otsego countjs Joel B. E"ott, of Albany county, and Eobert H. Pruyn, of the city of Albany, three of the directors named in the foregoing articles of association for the construction, main- tenance and operation of a railroad by the name of The Albany and Susquehanna Eailroad Company, being severally duly sworn, depose and say that the amount of stock inquired by the second section of the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April 2, 1850, has been in good faith subscribed and ten per cent paid in cash thereon to the directors named in said articles of association, and that it is intended in good faith to construct, maintain and operate the said railroad mentioned in said articles of association. GEOEGE W. CHASE, J. B. NOTT, EOBT. H. PEUYN. Severally subscribed and sworn before ) me this 19th of April, 1851, 5 James Heney, Corn'r of Deeds. STATE OP' NEW YOEK, Sbcrbtaky's Office. I'certify that I have compared the foregoing copy of the articles of association of the Albany and Susquehanna Eailroad Company, and affidavit theretd appended, with the original articles of association of said company, and afSdavit thereto filed in this office, ?nd also recorded April 19, 1851, and that the same is a correct transcript therefrom, and of the whole of said original articles and affidavit. Given under my hand and seal of office, at the [L. S.] city of Albany, this 14th day of March, one thousand eight hundred and fifty-four. A. G. JOHNSON, De]). Se&y of State. 1*8 U9 LAWS AN ACT Authorizing the President and Trustees of the °'>''P'^'^ "^ •n r -n' ^ °' Lime of Village of Bmghaniton to take stock in the ''''• Albany and Susquehanna Railroad. Passed March 27, 1852, three-fifths being present. The People of the State of Neiv York, represented in Senate and Assembly, do enact as follows : SBCTioisr 1. The president and trustees of the vil- Authority lage of Binghamton shall have power, and they are ^°<"* "^ hereby authorized to take stock for and in behalf of the corporation of said village, in the Albany and Susquehanna railroad, as hereinafter provided in this act, to an amount not exceeding fifty thousand dol- lars, which stock shall be represented while so held by commissioners, to be appointed under and by vir- tue of this act. Provided that said railroad company ProTiso. shall expend within the county of Broome in grading said road, an amount equal to said subscription before the subscription authorized by this act shall be pay- able. 5 2. The said trustees shall have power to provide ^^^sned*" for the payment of said stock, by issuing corporation bonds in the sum of not less than one hundred dol- lars each, to the amount in the aggregate specified in section first of this act, and made payable in not exceeding twenty years from date, drawing an annual interest of not exceeding seven per cent ; said inter- 150 8 est shall be made payable at such time and place as may be agreed upon between said commissioners and the holders thereof, and to be so expressed in said bonds ; said bonds shall bear the corporation seal of said village, and be properly signed by the president and treasurer thereof, and duly approved by at least three of the commissioners hereinafter mentioned, and be issued at such times as said commissioners shall direct. eommis- S 3. Thomas G. Waterman, Christopher Eldridge, fiioners and duties. Augustus Morgan, Vincent Whitney and Stephen Weed of Binghamton, are hereby nominated and appointed commissioners under this act, who shall be styled the "commissioners of the railroad fund of Binghamton; " they shall have the entire control and negotiation of said bonds of the corporation, to sell at not less than par, or exchange the same for an equal amount of stock of said road, or negotiate them for cash and invest the proceeds thereof in the stock of said road ; they shall receive all interest and dividends on the stock of said road, and apply the same towards the payment of said bonds, and the interest on the same; they shall keep a suitable book to be furnished them by said trustees, in which shall be entered all corporation bonds coming into their hands, to whom sold, the amount realized, and make a regular report thereof whenever called upon by the trustees of said village. The commissioners shall receive no compensation for their services except for actual disbursements under this act. Liability of S 4. The said commissioners shall be personally aioneT"' liable and responsible to the said trustees, for all bonds and money coming into their hands, and for the faithful discharge of their duties under this act ; and they shall be liable to be removed by the board 151 9 of trustees of said village, at any time for mal-con- duct, or for the violation of any of the provisions of this act. § 5. The commissioners herein appointed under ciasBmca and by virtue of this act, shall at their first meeting- siOTers"?"™" be classified by suitable prepared ballots to be drawn so that one shall go out of office at the end of each and every year from the time of the approval of this act. At the expiration of their term of office, Trustees and once in every year thereafter, the said board of point"" trustees of the village of Binghamton shall have power, and they are hereby required to elect by ballot one conlmissioner under and by virtue of this act, who shall hold his ofiSce, subject to removal, for the term of five years, and until his successor shall be elected, they shall be liable to account to the trustees for all bonds and moneys coming into their hands ; in case of vacancy at any time in said com- vacancies. mission by death, removal, resignation or inability to act, the same shall be supplied or filled by the said board of trustees. ■ (S 6. In addition to the amount which said trustees interest *" shall be are now authorized to raise m one year, they shall raised. levy and collect an annual tax sufficient to pay the interest on all bonds which may be issued under this act. S 7. The faith, property and effects of the said security. corporation are hereby pledged for the faithful pay- ment of the interest of said corporation bonds, and the final redemption of the principal. g 8. The board of trustees of said yllage shall ^pprovai^^of have no power to issue bonds or create any liability necessary. under this act, until it has been previously approved by two-thirds of all electors who shall have paid a tax on personal or real estate in said village, whose 2 152 10 names shall appear regularly in the last village assessment roll for the year next preceding the one in which the vote is taken. Sauifheia S 9- Within sixty days after passage of this act, due notice shall be given by the said trustees for a special election in said village, to be holden in each ward by the trustees thereof, at a time Avhen no other special election shall be held in said village, and conducted in the same manner as the annual charter election in said village, excepting no vote shall be taken from an elector whose name does not appear on the assessment roll as before provided. The said trustees shall provide al)Ox in each ward, in which each elector, qualified to vote under this act, may deposit a vote or ballot on which shall be written or printed the words "For Eailroad Stock," or the words "Against Eailroad Stock." The ballots on which shall be written or printed the words "For Eailroad Stock," shall be deemed as approving of this act, and those on which are written or printed the words "Against Eailroad Stock," shall be deemed as not approving it. The said several boxes in each ward of said village, shall be kept open for the reception of votes from nine o'clock in the forenoon, until five o'clock in the afternoon of the day on which said election shall be held. Each of said trustees, after canvassing the said votes in each of said wards, shall immediately thereafter certify and return to the clerk of the board of said trustees, the aggregate number of votes taken, designating how many for and how many against taking railroad stock. Trasteea S 10- The president and trustees shall, within two shall cm- , /• i vaos votes, days after the return of said trustees to the clerk thereof, meet and proceed to canvass the votes thus certified and returned, and shall make out and file 153 11 in the oflBce of the clerk of Broome county, their certificate, setting forth that this act is approved or not approved, as the case may be. And if it shall appear from such certificate that this act has been approved, and the issue of stocks authorized, the president and trustees of said village shall proceed to issue the said bonds as provided in this act. g 11. It is expressly provided that the said com- stipulation missioners shall have no power or authority to nego" ieeuf'of^ '° tiate, sell or transfer the said bonds issued under this act, or create any liability whatever, only on the express condition, that the said " Albany and Sus- quehanna Eailroad " shall be actually located, and the construction thereof actually put under contract in the county of Broome, by way of what is termed the northern route, and terminate within or near the corporation of the said village of Binghamton, and shall have expended the sum of fifty thousand dol- lars in grading the road within the county of Broome, the fulfilment or requirements of which condition shall be decided and determined by the said commis- sioners, whose decision shall be made in writing, signed and filed with the board of trustees previous to the negotiation of said bonds. g 12. This act shall take effect immediately. 154 12 AN ACT Bonds shall T)e iBSuod. Chap. 195 of To authorize the city of Albany to make a loan to Law90ll852 ■' • Vi 1 1 /-< the Albany and Susquehanna Railroad Compaily. Passed April 10, 1852; three-fifths being present. Tlie Peoiyle of the State of Neiv Yoric, represented in Senate and Assevibly, do enact as follows : SECTioiir 1. It shall be lawful for the mayor, alder- men and commonalty of the city of Albany to issue bonds, under their corporate seal, to the amount of one million of dollars, and to loan the same to the Albany and Susquehanna Eailroad Company, the said bonds to be issued in sums of not less than one thousand dollars each, to bear interest at the rate of six per cent per annum, payable semi-annually, and the principal reimbursable at the expiration of thirty years from the time of issuing the same. § 2. ISTo portion of the above recited bonds shall be issued or loaned to the said company until the follow- ing requirements shall have been fully carried into effect, as follows : 1. Satisfactory evidence to be furnished to the com- mon council of the city that the route of the road for its entire length, and depot grounds have been designated and purchased; such depot grounds in. Albany to be within that portion of the corporate limits of the city lying south of- Hamilton street. The passenger depot to be located between Ganse- voort and Hamilton streets, and the freight depot and work-shops between Ferry and Gansevoort streets, and that said grounds and road way have been paid for by said company, and are free from incumbrance, so that the mortgage shall be the first lien thereon. Require- ments. Route and depot grounds shall he purchased. 155 13 2. The like evidence to be furnished that the Expendi- ture neces- company have procured by subscription, and actually ^^'y- expended in the construction of their road, an amount equal to ten thousand dollars per mile, computing the entire line of road from Albany to Binghamton. 3. The like evidence to be furnished that the net avails of the bonds herein authorized to be issued by the city, together with the aid to be procured on the bonds of the company, will complete the road. 4. To execute to the mayor, aldermen and com- Mortage BQflll DC 6X" monalty of the city of Albany, a mortgage on their f'^'ea- real estate, road and appurtenances, to secure the payment of the principal and interest of the bonds of the city herein authorized to be issued, and also the payment to the trustees of the sinking fund of the city of Albany of the premiums which the said company may receive on the sale of said bonds, and the further payment to the said trustees of one per cent per annum on the entire loan herein authorized. conversion second part wUl pay, in lieu of the aforesaid interest °na"a°^?' on said bonds, semi-annual dividends on said stock, to b^Vaia' at the rate of three and a half per cent, and, upon due interert"' presentation of such new stock, will indorse or stamp upon the same a guarantee of the payment of such semi-annual dividends, according to this agreement ; and in all cases of new certificates being issued on the return of guaranteed certifi- cates, or transfer of guaranteed shares, or new certHcltos ..^.,.1 ■ T'l If J.J3 issued on bonds having been issued m place oi guaranteed return or bonds, the said party of the second part shall in- guaranteed ' i ^ J. stock or dorse or stamp the like guarantee on such new cer- tonds. tificates and bonds: provided, however, and it is hereby understood and agreed, that in case the party S^brvofr of the first part shall fail to keep and perform these party^of presents upon its part, that thereupon such guaran- shaWu to tee, and each and every of them, shall become and tus agree- ' •' ment. be null and void. And the said party of the second part further cov- enants and agrees, in manner aforesaid, that, during fe"oJd°part the time of this demise, it will pay, bear and dis- tax^e^and charge all taxes and assessments of every description mints'on assessed, imposed, levied and accruing upon the rail- ^'"'^"^^• road, property and effects hereby demised, and upon p„ty or the business done upon the said railroad, from the |^™''/ta''xes day of the date hereof, in the same manner and to nes^'doSI'' the same extent as the party of the first part would 194 8 As to change in tax law. Party of second part may deduce or keep "back the amount of the income tax Irom dividends or interest. Party of second part to pay all expenses of construc- tion, re- pairs, &c,, and ail dam- ages arising l>y the con- duct or operation of the road. Party of first part covenants that it has full power to execute this agree- ment, and that party of (-econa part may peacebly hold and possess, &c. be liable to pay if these presents had not been ex- ecuted. And if, by any change of the law, the pres- ent tax or duty required of the said party of. the first part shall be required of the said stockholders, then the said party of the second part shall pay the same. But the party of the second part shall not be required to pay the present income tax upon the aforesaid interest and dividends, or any tax thereon imposed, or hereafter to be imposed, by whatever name the same may be called. And if the law under which tax is or may be levied requires the party of the second part to pay the same, then the amount of tax so paid may be deducted and kept back from and out of the aforesaid interest and dividends. And, further, that' the party of the second part will pay all expenses for construction, repairs, salaries, and otherwise, which may be necessarily incurred on account of the railroad and demised premises, from the day of the date hereof ; and will also pay and discharge all damages which may be recovered against the said party of the first part, for injuries to persons or property, or for negligence, or breach of duty as carriers or warehousemen, and in all res- pects save the said party of the first part harmless and indemnified from all damages, losses and penal- ties which may be incurred or arise in or by the conduct, use or operation of the said railroad. And the said party of the first part, for itself, its successors and assigns, hereby covenants and agrees to and with the said party of the second part, its suc- cessors and assigns, that it has full power and lawful authority to execute these presents, and that the said party of the second part, its successors and assigns, paying the said yearly rent above reserved, and performing the covenants and agreements herein contained on its part, shall and may at all times, during the continuance of this lease, peaceably and quietly have, hold, possess and enjoy the railroad property, rights and eff"ects hereby demised, and every part thereof, without any manner of let, suit, trouble or hinderance, of or from the party of the first part, its successors or assigns, or any other per- son or persons whomsoever, lawfully claiming or to claim the same. And the said party of the first part further cove- nants and agrees in manner aforesaid, that it shall and willfrom time to time, during the continuance pa^ty . of of this lease, make, execute and deliver to the party Zfeisll of the second part, its successors and assigns, all mnher"*"^' and every such further and other leases, deeds, dS&c. . » . , , . ... , that may be transfers, instruments m writmg and assurances as necessary. by said party of the second part, its successors or assigns, shall be reasonably desired or required for fully effectuating the objects, intents and purposes of this lease, and of leasing the railroad and other property hereinbefore mentioned, and hereby leased or intended so to be, and for more fully confirming and securing unto the said party of the second part, s!^ its successors and assigns, all the rights and privi- leges hereinbefore mentioned, and granted and se- cured, or intended so to be. And the said party of the first part further cove- nants and agrees that it will, during the term of this first part " 7 o to maintain demise, keep and continue, at the cost and expense 2at"|l°x- of the said party of the second part, not exceeding, 5? '}not''ex-"' however, the annual sum of one thousand dollars, nfora^per its legal organization, and also at all times, when belmkiby thereunto reasonably required by said party of the eemld' second part, do and perform, at the expense of the said party of the second part, all such reasonable acts, matters and things as may be proper for the due protection, preservation and enjoyment of the prop- erty hereby demised, and to carry into effect the true intent and meaning of this instrument, so far as the same may be done consistently with the rights of 5°f^»^«°'' the said party of the first part, and in default thereof, g^part m the same may be done by, but at the expense of, mF^^L- the said party of the second part, and therein the Xct.'"'" 2 part. 196 10 Party of Becond part may use corporate name of party in nrst part In BUitB, &C.f 'but at Its own ex- pense. Various contracts of party of first part ikssigned to party of second pa|rt. said party of tlie second part may use tlie name power and authority of said party of tlie first part ; and further, that the said party of the second part may, at any time and in all places, at its own ex- pense, use the corporate name of the party of the first part in any suits or proceedings wherein it shall be necessary or proper for the enforcement of its rights against third parties. And the said party of the first part hereby further covenants and agrees, in manner aforesaid, that it will and does hereby assign and transfer to the party of the second part, its successors and assigns, by a proper instrument in writing to be duly executed, all its right, title and interest of, in and to a certain contract made and executed by and between the said party of the first part and the Cherry Valley and Mohawk River Railroad Company, now known as the , Cherry Valley, Sharon and Albany Railroad Company, and also in and to a certain contract made with the Fall Creek Coal Company, in relation to operating the railroad belonging to the last afore- said Railroad Company, and the carrying coal thereon for the said Company, and also the contract for addi- tional land at Albany, made with the Van Rensselaer estate ; and also the contract for the erection of a joint depot at Binghamton, made with the Erie Rail- way Company and with the Syracuse, Bingham- ton and New York Railroad Company ; and also aU pending contracts for supplies, materials and equip ments not yet delivered, and which contracts, respect- ively, the party of the second part agrees to perform and carry out according to the tenor and effect thereof, as fully as the party of the first part would be bound to do if these presents were not executed ; and the property and interests resulting from said con- tracts and the performance thereof shall be subject to this lease, and shall form a part of the demised property. It is hereby mutually covenanted and agreed, by 11 and between the parties hereto, that there shall be kept, at the office of the party of the second part, a book or register containing a record in proper form of the aforesaid stock, and of each and every of the aforesaid bonds, and of the bonds which may be second part - . . •' to keep issued m substitution therefor, which reeister shall register of ' " stock and be open at all reasonabla and proper times to the ''o°ds- inspection of the party of the first part, its successors or assigns. And it is further mutually covenanted and agreed, that when the bonds, the interest upon which is to be paid by the party of the second part, as above provided, arrive at maturity, if the same be not ex- changed by the holders thereof for new bonds, and payment of the principal be demanded and be not contingen- cies party paid by the party of the first part, then the party of of flrs^t part the first part in order to protect the property hereby "o^j'^gt*"^)' leased from foreclosure and sale, shall, if so required "^°°oP*"'' by the party of the second part, issue in due form ^°ned_rer^ new bonds, payable at such times and in such man- ne'^Tbonds ner as the party of the second part shall require, or may be'nl- shall, at the option of the party of the second part, foid\y "^ issue stock therefor, and shall deliver the said bonds second part or stock to the party of the second part to be nego- tiated and sold, and the net proceeds arising there- from shall be applied to the payment of such matur- ing bonds ; such new bonds or stock to be sufficient Amount of in amount to provide, by their net proceeds, for the iWb. payment of such maturing bonds, and the payment of the interests or dividends upon such new bonds or stock shall be guaranteed in the same manner as frst%artto have been the interest upon such maturing bonds. ^'nSr' And it is further mutually covenanted and agreed, §,6oo°share3 that the said party of the first part will, whenever whenever requested by the said party of the second part, re- so^tb do by quire the payment, in installments, of the balance l^^^^l'^^- of the nine thousand five hundred shares of stock ^^^^J^'^t which has been 'subscribed, and on which an install- second part ment of ten per centum has been paid, and will pay 12 over the said installments, when collected or received, to the said party of the second part, and the said party of the second part will apply the same to the amou*ilt' laying of additional track, the purchase of addi- expeiJaed tional equipment, and other necessary improvements Becradpart. of Said road, and will also pay an additional rental, semi-annually, at the rate, of seven per centum per annum on such installments, as may from time to time be paid as aforesaid; and said stock when fully Interest at paid shall have the like guarantee as is hereinbefore Sto'be provided for the twenty -five thousand shares of full to be lua?-'' paid stock, issued and to be issued as aforesaid, to thi^nfnety the exteut of the ninety per cent, so to be received per ceu . ^_^ ^^^ party of the second part as aforesaid. And it is hereby further mutually covenanted and agreed, that in case the party of the second part shall at any time hereafter desire to enlarge the St^o^f capacity of the said railroad by buUding a double doub'ie track, extending the length thereof, or otherwise, Farty of ' that then, and in every such case, the party of the isBiie stock first part, its successors or assigns, shall and will make, execute and deliver to the party of the second part, its successors or assigns, additional stock or bonds, in such form, for such amount, and payable at such times, as the party of the second part may bonds to be require, which stock and bonds shall be delivered party of to and negotiated by the party of the second part, 06CODC1 p&rt, cMaSa?)'- ^^^ ^^® proceeds and money realized therefrom shall Fargfng? ™' ^^ received by it, and be used and applied in build- pany^Sf iJig such double track, enlargements and improve- t^gnarili"' meuts, and in equipping and stocking the same ; interest oS^ and the party of the second part shall and will there seven per after pay the holders of such bonds or stock an cent. interest or dividend thereon at the rate of seven per cent per annum, in equal semi-annual payments, as hereinbefore provided in respect of the present bonds and stock, and shall and will also endorse or stamp thereon a guarantee of the payment of such interest and dividend in the way and manner above pro- 13 vided ; but the total amount of all sucli additional uf^ii^es^o, bonds shall never be such that the aggregate liabi- SSpartin lities of the party of the first part, in stock and bo'nasm>'t bonds, shall exceed fifteen millions of dollars. But $i5^oi»,ooo. other than this the party of the first part, its sue- Party of cessors or assigns, shall not nor will make or issue SoftotsLe any bonds or stock, for any purpose whatever, be- bomis'other yond what have been already issued and are now in tionea or ■' provided for existence, except as hereinbefore provided, without t|reiD, ex^ the consent in writing of the party of the second part, ^®°' "' , its successors or assigns. part!"^ It is hereby further mutually covenanted and agreed, that the said party of the second part may, from time to time, at its own expense, make all such alterations, improvements and additions in, upon or ^^^^ ^^ to the property hereby demised, as may be proper for ^ay"maC'' its full enjoyment for railroad purposes. And in improve"'' case said party of the second part shall at any time buTat'ita"'' desire, for its more advantageous use of said demised pSfse.''' property, to acquire, obtain or enjoy any addi- tional lands, rights of way or other property, said party of the first part, when thereto reasonably re- quired and indemnified against all expense and j^3ai„o„^, damage therefrom, shall aid therein, with its name, ^^^^l'^'^ ^^■ power and authority, and in default thereof, such Pond'parr" name, power and authority may be used by said of'par"y?f^ party of the second part, after fully indemnifying LalcS'tobe- the said party of the first part as aforesaid, and all the prop- ^ •' J- Tin erty covered lands, rights of way or other property which shall ty tws be so acquired or obtained, shall immediately be and become part of the property covered by this demise. And it is hereby further mutually covenanted and agreed, that the party of the second part, its suc- cessors and assigns, shall at all times, during the continuance of this lease, have the exclusive right to manage and control the railroad and premises, and to regulate and determine the rates of passage money, tolls, freights and charges for all the trans- 200 Party of 14 portation over the whole or any part of said railroad and premises, and shall also have full, free and exclusive right to charge and collect all the passage money, rents, tolls, freights and charges, and to "condpart appropriate the same to its use ; and shall have, to have ex- • -i. nj.i*ij. t elusive use, exercise and enjoy all the rights, powers and minage and authority aforesaid, and all other corporate powers chjirge and and privileges which can or may be lawfully exer- cised and enjoyed on or about said demised rail- road and premises, as fully, amply and entirely as the same might or could have been used, exercised and enjoyed by the party of the first part if this instrument had not been made, and as exclusively, fully, amply and entirely as the party of the first part have or shall acquire authority by law to grant the same, subject, nevertheless, at all times to the restrictions and regulations imposed by law. And it is hereby further mutually covenanted and defauu in ^g^'^sd, that lu case of default in payment of interest ffirest OT^ and dividends on the bonds, stock and the sinking OTrty™^^' fund aforesaid, and if the same or any part thereof may?e*-'' shall remain unpaid for the space of sixty days en er, c. fj,Qj^ ^j^^ after the time when the same shall become due and payable, then the said party of the first part shall have the right to enter upon and take possession of all the property hereby leased, and aU depots, shops, buildings, tracks and other perma- wherenpon ueut property or rolling stock added thereto, and shall ter-* that the party of the second part will not unlawfully hinder or prevent such entry, nor the taking pos- session and using of all the said property by the party of the first part for its own benefit and use, and 'that this lease shall terminate upon the party of the first part so taking possession of the demised injuncHon^ premises. Provided, however, that in case the party Bhaii not be of the secoud part shall be unavoidably restrained coneidered ^ •' the^sixty' by injunction or by law (not obtained by or upon **y'' their own action) from paying the aforesaid rent and performing the covenants herein contained, or any As to 15 of them, then and in that case, the time during which the party of the second part shall be so restrained shall not be taken or considered as any part of the aforesaid sixty days. And further, that this lease shall not be assigned by the party of the rs'a^nment second part without the consent in writing of the party of the first part first had and obtained. It is further mutually covenanted and agreed, that in case of foreclosure and sale of either of the afore- said class of bonds now existing, or which may forecfosuro hereafter be created, then the seven millions of dol- order of payment of lars of stock and bonds named in this instrument shall *><"»^8- be first fully paid and discharged, from and out of the proceeds of said sale, and the balance of such proceeds shall be applied to the payment of the remaining bonds, in the order of their priority. And it is hereby further mutually covenanted and agreed, that the guarantee to be endorsed on the aforesaid bonds and stock, shall be in the following form, merely changing the same so far as may be galmnLe necessary to make the same applicable to the said endorsed on stock, that is to say : The President, Managers and stock. Company of The Delaware and Hudson Canal Com- pany hereby guarantee to the holder hereof the pay- ment of the interest on this bond, according to the terms thereof, subject to the conditions and provisions of a certain lease, made between the said Canal Com- pany and The Albany and Susquehanna Railroad Company, bearing date the twenty-fourth day of February, one thousand eight hundred and seventy, and duly recorded in Albany and other counties, such guarantee to be duly executed under the cor- porate seal of the party of the second part. And it is further mutually covenanted and agreed, that all the provisions of this instrum'ent, shall heTe'Sf'to' extend to, and bind the respective successors and tSSslprs assigns of the parties hereto, and wherever mention |°**^"en», is hereinbefore made of either party hereto, the sue- 202 U. S. Int. Rev. Stamp ($1,225.51)), Canceled. 16 cessors and assigns of such party shall be deemed to be compreliended. In WITNE3S WHEBEOF each of the parties hereto has affixed its corporate seal and caused these presents to be duly countersigned by its proper officer, the day and year herein first above written. The President, Managers and Company of The Delaware & Hudson Canal Company. THOMAS DICKSON, President. Attest, Chaeles p. Habt, Treasurer. The Albany & Susquehanna Railroad Com- pany. J. H. RAMSEY, President. Attest, W. L. M. Phelps, Secretary. The foregoing lease was duly ratified hy a unanimous vote of the stQckholders of The Albany & Susquehanna Pail- road Company, at a meeting held for that purpose, on the 3d day of May, 1870. THE ACT OF INCORPORATION I MMIiCA MMD yiPAII. WITH THE STATUTES IN RELA.TION THERETO : LEASE OF THE SARATOGA & SCHENECTADY RAILROAD COMPANY: THE "REFORMED" CONTRACT OF THE TROY UNION RAILROAD COMPANY : AOT) THE ACT AUTHOEIZING THE ALBANY AND VEEMONT RAILROAD COMPANY TO CONSTRUCT A BRANCH ROAD. NEW YORK : EvENinG Post Steam Presses, 41 Nassau St., cob. Libebtt. 1872. 20^ 205 OH AKTER k SUBSEQUENT LAWS EELATING THEEETO. AN ACT To Incorporate The Rensselaer & Saratoga Eail- ^^"^l^i If road Company. ^^^^• Passed Apeil 14, 1832. The People of (he State of Neto York, represented in Senate and AssemUy, do enact asfolloius : § 1. Stephen Warren, and such other persons as corporatisa shall hereafter become stockholders of the said cona-"""'"^" pany, are hereby constituted a body corporate and politic, by the name of " The Eensselaer & Saratoga Railroad Company," for the purpose of constructing a single or double railroad or way from some proper point in the city of Troy, in the county of Eensselaer, passing through the village of Waterford, in the county of Saratoga, to the Tillage of Ballston Spa, in said county of Saratoga, to take, transport, carry and con- vey property and persons upon the same, by the jDower 206 Time limit- ed. Stock. Subscrip- tions to Stock. and force of steam, of animals, or any mechanical power, or of any combination of them, for the term of fifty years from the passage of this act. § 2. If the corporation hereby created shall not, with- in three years from the passage of this act, commence, and within five years thereafter, construct, finish and put in operation, the said single or double railroad br way, then the said corporation shall thenceforth for- ever cease, and this act shall be null and void. § 3. The capital stock of the said company shall be three hundred thousand doUars, and shall be divided into shares of one hundred dollars each, and shall be deemed personal property, transferable in such man- ner as the by-Jaws of the said corporation shall direct. § 4. John Kickerbacker, John House, Stephen War- ren, William Peirce, William Haight, James Cook and Joel Lee shall be commissioners, whose duty it shall be, within one year after the passage of this act, at some suitable place in the city of Troy, or in the city of New York, or in the village of Ballston Spa, or in each or all of those places, as the said commissioners shall de- termine, to open books to receive subscriptions to the the capital stock of said corporation, which books shall be kept open for subscription for the space of three successive days ; and within ten days thereafter the said commissioners shall meet in the city of Troy, and if more than three hundred thousand dollars shall have been subscribed, they shall distribute the said stock among the several subscribers, in such manner as they shall deem most conducive to the interests of the said corporation. The commissioners shall receive no subscriptions unless five dollars on each share sub- scribed be paid at the time of subscription. Notice by publication in one of the newspapers published in Eensselaer, New York or Saratoga county, wherever the said books shall be opened, shall be given for fourteen days previous to the day appointed for that purpose. § 5. Within ten days after the said commissioners 207 have met for the distribution of said stock, they shall be"hoaen'° give at least fourteen days' notice, in one of the news- papers published in each of the counties of Kensselaer and Saratoga, for a meeting of the stockholders, at such time and place in said city of Troy as the said commissioners shall appoint, to choose thirteen direc- tors ; and such election shall be then and there made by such stockholders as shall attend for that purpose, either in person or by proxy, each share of the capital stock entitling the stockholder to one vote ; and the said commissioners shall be inspectors of the first election of dh-ectors of the said corporation, and shall certify, under their hands, the names of those duly elected, and deliver over the subscription books to the board of directors ; the time and place of holding the first meeting of the directors shall be fixed by the said commissioners ; and the board of directors shall have power to appoint an engineer, and cause such examin- ations and surveys for the said railroad to be made, as may be necessary to the selection by them of the most advantageous line, course or way for the said railroad. The expenses of all which surveys and examinations, and all manner of incidental expenses relating thereto, shall be paid for by the said corporation. § 6. The first directors to be chosen shall hold their , , , , ° . To liold for offices till the first Monday m June, m the next sue- oie year. ceeding year after such election, and until others shall be chosen ; and every election of directors thereafter shall be annually on the first Monday in June in each and every year, at such time and place in the village of Waterford as the directors shall appoint, giving four- teen days' previous notice, in one of the pubhc news- papers printed in said counties. Every such election shall be held under the inspection of three stockholders, not being directors, who shall be previously appointed by the board of directors. All elections shall be by ballot, and a plurality of the votes present shall con- stitute a choice. In case of an equal number of votes for any two or more directors, the remainder of the di- 208 Election. By-Laws. Real Estate. rectors shall, by ballot, determine whicli shall be enti- tled to a seat at the board. Every stockholder shall be entitled to one vote, personally or by proxy, on every share held by him for thirty days previous to such election : and the directors so chosen shall elect, as soon as may be after the said first meeting, and every annual meeting thereafter, out of their own num- ber, a president. In case of the death, resignation or absence of the president, the board of directors shall have povi^er to appoint a president pro tempore. § 7. In case it should at any time happen that an election of directors shall not be made, the said corpo- ration shall not, for that cause, be deemed to be dis- solved ; but such election may be held at any other time directed by the by-laws of said corporation, within sixty days after the day on which it should have been held. § 8. The directors shall have full power to make all needful and proper rules, regulations and by-laws, for the management and disposition of the stock, property and effects of the said corporation, the transfer of shares, and for the regulation of the duties and con- duct of officers and servants, the election of directors, and to fix the number that shall constitute a quorum to do business ; to fix the rates of toll, to appoint so many officers and servants as they may deem requisite, and to determine the amount of their com- pensation : and generally to do all other acts and things they may deem expedient, for the purpose of carrying into effect the objects contemplated by this incorporation. § 9. The corporatioQ is hereby empowered to pur- chase, receive and hold such real estate as may be ne- cessary and convenient in accomplishing the objects for which this incorporation is granted, and may, by their agents, surveyor and engineer, enter upon and take possession of, and use all such lands and real estate as may be indispensable for the construction and mainte- nance of their single and double railroad or way, and 209 the accommodations requisite and appertaining there- to : and may also receive, hold and take such voluntary grants and donations of land and real estate, for the purpose of said road,, as shall be made to the said cor- poration, to aid in the construction, maintenance and accommodation of the said single or double railroad or way : but all lands or real estate thus entered upon which are not donations, shall be purchased by the said corporation, of the owner or owners of the same, at a price to be mutually agreed upon between them ; and in case of a disagreement as to price, and before making any portion of said road on said land, the said corporation, or the owner of such land, may apply by petition to the chancellor, who, upon such apphcation shall cause such notice to be given to the other party as he shall deem proper and sufficient, appointing therein tjie time and place of hearing the parties, at which time and place, upon proof that the notice di- rected has been given, the chancellor shall direct the manner of ascertaining the damages which the owner of such land or real estate will sustain by the occupa- tion thereof by the said corporation : and the said chancellor shall appoint three competent and disinte- rested commissioners, who shall be freeholders and residents of the county of Saratoga, and who shall, under the direction of the chanceUor, make appraise- ments and determine said damages, and report in writ- ing, under their hands, to the chancellor, who shaU examine the same, and hear the parties in relation thereto if he shall deem it expedient, and increase or diminish the damages if he shall be satisfied injustice has been done. The report shall contain a minute and accurate description of the land appraised. The com- missioners shall be allowed three dollars each -a day for their services. Upon proof to the chancellor, to be made within thirty days after his determination of payment to the owner, or of depositing to the credit of the owner in such incorporated moneyed institution as the chancellor shall direct, of the amount of said dam- 210 8 Blgbtsofln- lants, &c. Tolls, &o. Penalty. Crossing streams or roads. ages, and the payment of all expenses, the chancellor shall make an order or decree particularly describing the land, and reciting the appraisement of damages and the mode of making it, and all other facts neces- sary to a compliance with this section of this act ; and when the said order or decree shall be recorded in the office of the register of the court of chancery, the said corporation shall be possessed of all such land or real estate, and may enter upon and take possession and use the same for the purpose of the said road. § 10. In case any married woman, infant, idiot, or insane person, or non-resident of the State, who shall not appear after such notice, shall be interefted in any such land or real estate, the chancellor shall ap- point some competent disinterested person to appear before the said commissioners, and act for and in be- half of such married woman, infant, idiot, insane per- son, or non-resident. § 11. The said corporation shall have power to regulate the time and manner in which passengers, goods and other property shall be transported on said railroad, and the manner of collecting tolls for such transportation, and to collect tolls as soon as any part thereof shall be finished. § 12. If any person shall willfully do or cause to be done, any act or acts whatever, whereby any building, construction or work of the said corporation, or any engine, machine or structure, or anything appertain- ing to the same, shall be stopped, obstructed, im- paired, weakened, injured or destroyed, the person or persons so offending shall forfeit and pay to the said corporation treble the amount of damages sustained by means of such offence or injury, to be recovered in the name of the said corporation with costs of suit by action of debt. § 13. Whenever it shall be necessary for the con- struction of their single or double railroad or way, to intersect or cross any stream of water or water courses, or any road, street or highway, it shall be lawful for 211 9 tlie said corporation to construct their single or double railroad or ways across or upon the same ; but the corporation shall restore the stream or water course, or road, street or highway thus intersected, to its former state or in a sufficient manner not to have im- paired its usefulness. It shall not be lawful for the said railroad company to erect any bridge across the Hudson river within two miles of the place where the bridge belonging to the president and directors of the Union Bridge Company is erected between Lansing- burg and "Waterford. But it shall be lawful for the said railroad company to contract with the said Union Bridge Company, if they can mutually agree, for the use of their bridge, on the terms that may be satisfac- tory to the said Union Bridge Company, for crossing the same, in case the said Union Bridge Company shall see fit to make such arrangement. §. 14. It shall be lawful for the directors to require caiis on payment of the sums to be subscribed to the capital howers. stock, at such times, and in such proportions, and on such conditions as they shall deem fit, under the penalty of the forfeiture of all previous payments thereon ; and shall give notice of the payments thus required, and of the place and time when the same are to be paid, at least thirty days previous to the payment of the same, in a public newspaper published in each of the said counties aforesaid. § 15. The said corporation shall possess the general q^^^^^i powers and be subjecb to the general restrictions and p°wers. liabilities prescribed by such parts of the eighteenth chapter of the first part ot the Revised Statutes as are not repealed. § 16. The directors of said company shall make an Annual nual report, in detail, of their proceedings and expendi-'^^^™'- turesj verified by the affidavit of at least two of them, which report shall be filed in the office of the secre- tary of state; and in like maimer shall, at the expira- tion of each year, for the term of fifteen years alter the completion of said road, file in said office a detailed 2 212 ExpencU- tvtres. BigbtB re- served 10 statement of tolls received on such railroads, and of all moneys expended by said company for repairs or otherwise, for the purpose of said railroad. § 17. If the legislature of this State shall, at the ex- piration of ten and within fifteen years from the com- pletion of the said railroad, make provisions by law for the repayment to the said company of the amount ex- pended by them in the construction of said railroad, together with all moneys expended by them for perma- nent fixtures for the use of said railroad, with interest on such sums, at the rate of fourteen per centum per annum, together with all moneys expended by said company for repairs or otherwise, for the purposes of said road, after deducting the amount of tolls received on said road, then the said railroad, with all fixtures and appurtenances, shall vest in and become the prop- erty of the people of this State. § 18. The legislature may at any time alter, amend, modify or repeal this act. Chap. 118, Laws of 1836. AN ACT To increase the capital of the "Rensselaer & Saratoga Eailroad Company, and lor other purposes. Passed April 9, 1836. The People of the State of Neiu York represented in Senate and Assembly, do enact as follows : § I. The capital of the Eensselaer & Saratoga Eail- inoreased. Toad Company is hereby increased to the sum of four hundred and fifty thousand dollars, and the directors of said corporation shall issue certidcates of stock for one thousand five hundred shares, of one hundred dol- lars each, for the additional stock hereby authorized to be created, subsori § ^' Stephen Warren, Isaac McConihe, John Paine, tions to Elias Pattison, John Knickerbacker, Le Grand Can- 213 11 non, William P. Haskin and Henry "W. Strong, are hereby appointed commissioners to receive subscrip- tions for the said increase of stock ; who shall open books of subscription tlierefor at the Troy House in the city of Troy, within ninety days after the passage of this act, and by publication in a newspaper published by the printer of the State, and in a newspaper pub- lished in each of the counties of Eensselaer and Sara- toga, give at least fourteen days' notice of the time of opening said books ; and shall keep them open from ten o'clock in the forenoon until two o'clock in the afternoon of the day of opening said subscription ; and ten dollars on each share shall be paid at the time of subscribing therefor. § 3. If more than the required amount be so sub- Distributioa scribed, the said commissioners shall immediately dis- tribute such stock among the subscribers in such manner as they shall think for the interests of said cor- poration ; and if the said stock shall not all have been subscribed, the directors of said company may distrib- ute the remainder to such persons and in such manner as they shall think best. § 4. The directors of said company are authorized to ^*''^?. *°,*'* equalize the value of the new stock to the old, by re- quiring payment on the new stock of an amount equal to the interest which shall have accrued on the install- ments which shall then have been paid on a like amount of the old stock. § 5. The additional stock hereby created, to be paid caus on with the assessment thereon, as mentioned in the holders, preceding section, when required by the said directors ; and a like notice of the call therefor shall be pubhshed as is required by the act of which this is an amend- ment, and with like penalties, in case of the non-pay- ment of said calls. § 6. It shall be incumbent upon the said corporation at all times, except while the navigation of that part •'"^e^ *" ^^ -*■ . ° ^ regularly of the Hudson river is obstructed by ice, to keep in attended. their employ as many persons as shall be necessary to 21 i 12 take charge of and manage the draws in the bridge across the Hudson river, and across the north branch of the , Mohawk at Waterford ; and that at all hours during daylight without any request for that purpose, and during the night upon request to be made at the said draws, it shall be the duty of the said corporation to open said draws without any unnecessary delay, for the passage of any vessel through the same, navigating that part of said river ; and that for any and every un- necessary delay in the opening of said draws for the purpose aforesaid, the said corporation shall forfeit the sum of one hundred dollars, to be recovered, with costs of suit, by any person aggrieved ; and the said corpora- tion shall also be liable to any party injured for aU damages suffered by his vessel or property on board thereof in passing said bridge, or by any obstruction of the navigation occasioned thereby, unless the same arises from the carelessness or willful negligence of such party, or the persons navigating such vessel. Penalty. g rj^ ^^ •£ ^^^ persou navigating any such vessel shall, in passing through the said draws, be willfully dilatory, whereby the said draws shall be kept open longer than shall be necessary, the master or owner of such vessel shall, for every such act, forfeit the sum of twenty-five dollars, to be recovered, with costs of suit, by and in the name of this corporation, either against the master or any owner of such vessel. Suits at law, § 8. Nothing in this act contained shall be construed in any way to affect any htigation or suit at law now pending, or which may hereafter be instituted, involv- ing any question as to impairing the usefulness of the Hudson river at the point of the erection of the bridge, or as to whether the corporation have complied with the requisites necessary to secure their charter. § 9. The directors of said company are hereby au- maybeueeatliorized to permit the bridge erected by that company '"^^- across the Hudson river, and the three bridges erected by the said company across the three northerly sprouts of the Mohawk river, to be used for the accommoda- 215 13 tion of every description of travel, provided tlie same does not interfere -witli the use of said bridges as a part of the railroad ; and to enter into any contract ■with any other corporation authorized to make such contract for the use of said bridges for ordinary travel, upon such terms as shall be mutually agreed upon. § 10. If no corporation shall, previous to the first b" elected^ day of July next, propose to the said directors to isiraa. "^'^^ enter into such contract ; or in the event of a disagree- ment between the two companies, as to the terms, and the chancellor of this State shall, upon an application to him, in behalf of either company, after reasonable notice to the other, have decided upon what would be equitable terms, and such other corporation shall, for ten days after notice of such decision, refuse to enter into such contract, upon the terms as fixed by the chancellor, then, or in either of those cases, it shall be lawful for the directors of this company to construct a bridge across the southerly sprout of the Mohawk river, and a turnpike road upon Green Island, between that bridge and the bridge erected by said corporation across the Hudson river, and erect upon either end of each of said bridges a toll gate, and to exact at each of said gates, during the whole year, from all persons crossing from the main shore, to and upon Green Island, the following tolls : For every wagon and two Ratesof tou horses, twelve and a 'half cents; for ever sleigh and two horses, twelve and a half cents ; for every horse and wagon or cart with one horse, nine cents ; for a horse and chair, gig or tilbury or stanhope, twelve and a half cents ; for every man and horse six cents ; for every horse without a rider, six cents ; for every stage or carriage with four horses, twenty-five cents ; for every stage or carriage, with two horses, nineteen cents ; for every person on foot, three cents ; for every hog or sheep, one-half cent ; for every ox team with two oxen twelve and a half cents ; for every ox team with four oxen, twenty-five cents; all cattle or horses without riders, if under twenty in number, in the same drove, 216 14 three cents each ; all cattle and horses without riders, if over twenty in number, in the same drove, and crossing the bridge at the same time, four cents each ; but no toll shall be exacted at either of the said gates for crossing from Green Island to the main or opposite shore, upon or over either of the said bridges, except from persons who shall have crossed from the main shore to or upon Green Island in any other manner than through one of the said toll-gates ; and such persons shall pay the same toll as they would be liable to pay under this act, if crossing either of said bridges in an opposite direction. Company § 11. It shall be lawful for any railroad or canal with auy company which has been or may hereafter be incor- pany. porated, to join and unite with the railroad company incorporated by the act of which this is an amend- ment, at any point which the directors of this company may think advisable, on such terms as the directors of the two companies respectively may agree upon ; and in case of disagreement between the directors of the said companies, then upon such terms as the court of chancery of this State shall determine to be equit- able and just between the said companies. Statesman § ^^- ■'■* ®^^-^ ^® *^® ^"*y °^ *^^ s^i<^ company, when applied to by the postmaster-general, to convey the mails of the United States on the said road ; and in case they shall not agree with him as to the rate of compensa- tion therefor, and as to the time, manner and condition of carrying the same, it shall be lawful for the chan- cellor to appoint three commissioners, who, or a majority of them, with the consent of the postmaster- general, and after fifteen days' notice in writing to said company, shall determine and fix the prices, terms and conditions aforesaid, which, when so fixed, shall continue to be binding for the term of two years, unless sooner changed by the mutual agreement of said corporation and the postmaster-general. Notice to be § 13- The directors of this corporation shall put up P"*"*- in a conspicuous place at each end of the several 217 15 bridges mentioned in this act a notice in the following words, ia large characters ; " One dollar fine for riding or driving faster than a walk on this bridge ;" and whosoever shall ride or drive faster than a walk on either of said bridges, when such notice is affixed, shall, for every offence, forfeit the sum of one dollar, to be recovered, with costs of suit, by and in the name of this corporation. § 14. The ninth and tenth sections of the act hereby ^kp™^|- amended, relating to the appraisement and payment of damages, damages to individuals whose property is occupied by said company in the construction of their railroad, shall be construed to apply to all persons whose property lying contiguous to Second street, in the village of "Waterford, have been iajured by the con- struction of the railway of said company through said Second street, although the said property has not been actually occupied by said railroad company. But in the assessment of such damages the increased value which the construction of such railroad shall have caused to such property shall be taken iato the account. § 15. The legislature may at any time alter, modify ^^g■^^^^ ^^ or repeal this act. veseai. AN ACT To authorize the Rensselaer & Saratoga Railroad Laws' of"' Company to borrow money. Passed April 18, 1838. TJie Feople of the State of New York, represented in Senate and Assembly, do enact asfolloios : §1. The Eensselaer & Saratoga Eailrocd Com- company pany are hereby authorized to borrow a sum of money "iso.oo""^ not exceeding one hundred and fifty thousand dollars, on such terms and in such amounts and at such time or times as the directors of said company shall deem most advantageous for its interests ; and to execute the bonds of said company therefor under, its common 218 16 seal ; and as furtHer security for the money so to be borrowed, the directors of said company may pledge, hypothecate or mortgage any real or personal property belonging to said company. And the said directors may confer upon the holders of any bond or evidence of debt they may issue for any money so borrowed, the right to convert the principal due thereon into stock of the said company, at par, at any time not exceeding five years from the date of said bond or other evidence of debt, under such regulation as the said directors may see fit to adopt. AN ACT chapier 232 To amend an act entitled " An act to authorize the 1842.*"° ° Rensselaer & Saratoga Railroad Company to borrow money," passed April 18, 1838. Passed April 12, 1842, by a two-third Tote. The People of the State of New York, represented in Senate and Assembly, do enact asfolloios : Eoad may § 1. The first section of the act entitled " An act to authorize the Rensselaer & Saratoga Railroad Com- pany to borrow money," passed April 18, 1838, is hereby amended so as to read as follows : The Ren- sselaer & Saratoga Railroad Company are hereby au- thorized to mortgage the road and other real estate of the company, with aU its bridges, buildings, railways, depots, fixtures and other appurtenances, and all its corporate rights, franchises, capital stock and personal property, to secure the payment of debts due and to grow due from the said company, or to secure the payment of any sum borrowed by the said com- pany for the payment of its debts, provided that the whole amount of the mortgage so to be exe- cuted shall not exceed the sum of two hundred and twenty thousand dollars. 219 17 § 2. In case the condition of said mortgage shall be ^ay%T broken, the holder or holders of said mortgage may ^°"°^°!^*- foreclose the same in a court of chancery, or by giving notice and proceeding in the manner in which mort- gages are authorized by statute to sell under a power of sale ; and such foreclosure and sale upon such notice and proceeding shall have the like effect against all the parties in interest as if the same mortgage had been foreclosed in a court of equity ; and the pur- chaser or purchasers of said road and other mort- gaged premises shall be considered as holders of the stock of said company, and may transfer the stock or any number of shares thereof to~ any other person or persons, and may continue the corporation under the original charter and act amending the same, according to the provisions thereof ; provided, nevertheless, that any stockholder of said company may, within six months after the foreclosure of said mortgage and sale of said mortgaged premises, pay to the purchaser a sum equal to the proportion which the amount of stock in said company held by such stockholder, com- puted at the par value of the stock, shall bear to the principal, interest and costs due on such mortgage at the time of the sale under said mortgage, together with the interest thereon to the time of such redemp- tion ; and if the said mortgage shall be sold, then in proportion to the amount of principal which the pur- chaser or purchasers shall have paid for the same, to- gether with interest thereon as aforesaid. And upon such payment being made to the purchaser, or de- posited in one of the banks of the city of Troy, to the credit of such purchaser, such stockholder shall be- come entitled to such an undivided interest and share in all the property, corporate rights and franchises sold under the said mortgage, as shall be in proportion to the amount of principal so paid or deposited by such stockholder shall bear to the amount of princi- pal, interest and cost on said mortgage at the time of the sale under the same as aforesaid. 220 221 SARATOGA & SCHENECTADY RAILROAD COMPANY TO THE EENS8ELAER & SAEATOGA RAILROAD COMPANY. LE^SE This indenture, made the thirteenth day of June, in the year of our Lord eighteen hundred and sixty, be- tween the Saratoga & Schenectady Kaileoad Com- pany, a corporation created by and under the laws of the State of New York, of the first part, and the Bens- selaer & Saratoga Eailkoad CoMPA^Y, a corpora- tion created by and under the laws of the said State, of the second part, WITNESSETH : That the said parties, each in con- sideration of the several provisions for its benefit here- in contained, mutually covenant, contract and agree to and with each other as follows, and thereto bind their respective successors and assigns : Wliereas, the said parties hereto did, on or about the date thereof, mutually execute a certain lease, dated the fourteenth day of October, in the year one thousand eight hundred and fifty, whereby said party of the first part did grant and demise to said party of the second part for the term of fifteen years, from the first day of January, eighteen hundred and fifty-one, 222 20 ^ the property hereby demised, at a rent therein speci- fied, and said party of the second part did, about the first day of January, eighteen hundred and fifty-one, enter into possession of said demised property, and is now in possession and use thereof under said lease ; And whereas, also, it has been agreed between the parties hereto that the term of said lease shall end on the first day of July next instead of the time in said lease hmited therefor ; Now, First. — The said party of the first part has demised and leased, and hereby does demise and lease, to said party of the second part, from the first day of July next, for and duriog such period as the said parties hereto shall continue to be railroad corporations or organizations, under theii' present respective charters or organizations, or under any renewals or extensions thereof, under whatever name or in whatever form such renewals or extensions may be procured. All the railroad of said party of the first part, with leases! '' its bridges, branch-tracks, turn-outs and turn-tables, and also all the lands on which the same are constructed, or which are owned by said party of the first part, to- gether with the buildings thereon and the appurten- ances thereto belonging, and also the right to ask, de- mand and receive, to the use and benefit of said party of the second part, all the tolls, profits and income which may or can be legally demanded or received for the transportation of persons or property over or upon said demised raih-oad or any part thereof, or for the use of any of said demised property ; and also all such of the rights, easements, privileges and franchises of said party of the first part as are or shall be essential to the full enjoyments by said party of the second part of the property hereby demised and as may be lawfully granted hereby; and also all the engines, loco- motives, cars and other movable property of said party of the first part, amounting in value to twenty-seven thousand three hundred dollars ($27,300) ; and also 223 21 the right to use such portions of the tracks, turn-outs, switches and turn-tables of the former Utica &■ Schnectady Eailroad Company, now the New York Central Railroad Company, as the said party of the first part has or may have, by contract or otherwise, a right to use and enjoy the same. To have and to hold the said demised railroad, lands, buildings, appurtenances, rights, easements , privi- leges and franchises to said party of the second part for and during the term aforesaid. Yielding and paying therefor to said party of the first ^^^^^ part on the first day of January next, and on each and every succeeding first day of July and of January, until and including the first day of January, in the year one thousand eight hundred and sixty-six, the sum of fifteen thousand and seventy-five dollars ($15,075); and on each and every first day of July and of January thereafter, the clear sum of fifteen thousand eight hun- dred and seventy-five dollars ($15,875), over and above all rents, taxes and assessments which are hereinafter agreed to be paid by said party of the second part ; provided, however, that in case the rent above reserved, or any part thereof, shall be behind or unpaid f or fenaitj m thirty days after any day above fixed for the payment tmit. thereof, and the covenants herein contained, to be per- formed by the party of the first part, shall then be fully performed, or in case any valid judgment shall be re- covered by the said party of the first part against said party of the second part, for any breach of any agree- ment herein contained to be performed by said party of the second part, and an execution duly issued on said judgment be returned and remain unsatisfied, wholly or in part, then said party of the first part, in and upon said demised property, and every part there- of, may re-enter and remove all persons therefrom, and the same have again, repossess, and enjoy as in its first and former estate, anything herein contained to the contrary notwithstanding. Second. — The said party of the second part, has hired 22^ 22 and taken, and hereby hires and takes for the term ierein before fixed for this demise, the property hereby demised ; and hereby covenants and agrees to pay there- for to said party of the first part, on the first day of January next, and on each and every succeeding first day of July and of January, until and including the first day of January, one thousand eight hundred and sixty-six, the sum of fifteen thousand and seventy-five dollars ($15,075), and on each and every first day of July and of January thereafter the clear sum of fifteen thousand eight hundred and seventy-five dollars ($15,875), and also from and after said first day of January, one thousand eight hundred and sixty-six, to j{*|J^'^a^!y pay, satisfy and discharge all taxes and assessments ^g'',5ff|'^*° ordinary and extraordinary, of every kind which may lessee. thereafter be levied, assessed or imposed on the real and personal property and franchises hereby demised, or any part or parcel thereof ; and also to indemnify and save harmless the said party of the first part from and against any damages, costs and charges they may sustain or be put to by any neglect in the due and punctual payment and discharge of any such taxes or assessments ; and also from and after said first day of January, one thousand eight hundred and sixty-six, to pay as the same become due, all such sums as said party of the first part shall or may be thereafter required to pay for the use of any portion of the railroad, tracks, turn-outs, turn-tables, switches, etc., of the former Utica & Schenectady Bailroad Company, now the New York Central Railroad Company, and fully to indemnify and save harmless said party of the first part against any neglect or default to pay the same. Taxes, &o.. TMrd. — The said party of the first part shall pay, 1866, to be satisfy and discharge all taxes and assessments of every lessor. kind which shall be levied or assessed upon said de- mised property, or any part thereof, before the first day of January, one thousand eight hundred and sixty-six, and indemnify and save harmless the said party of the second part against any damages, costs and charges 225 23 they may sustain or be put to by any neglect in the due and punctual payment and discharge of any such taxes or assessments. Fourth. — ^The said party of the first part shall, during ^|f?J°''e™- the term of this demise, keep up and continue at its'^^s'^P' own expense its legal organization ; and also at all times when thereto reasonably required by said party of the second part, do and perform, at the expense of said party of the second part, all such reasonable acts, matters and things as may be proper for the due pro- ?™i'^j^'' *° tection, preservation and enioyment of the property tainea ana ' i. The New York Central Railroad Company, The privUegcB. Hudsou River Railroad Company, and the Troy & Boston Railroad Company, shall each have equal rights and privileges in the tracks, passenger-house (the sep- arate rooms therein as now occupied), and other prop- erty of the Troy Union Railroad Company, and that part of the Rensselaer & Saratoga Railroad Com- pany's bridge now used for railroad purposes, without restriction, except such reasonable and uniform rules, regulations and rent-charges for offices as The Troy Union Railroad Company may, from time to time, pre- scribe therefor ; and also subject to all reasonable and uniform rules and regulatious of the Rensselaer & femalnex- Saratoga Company as to their bridge. The said property of ^i"idge is uot to be deemed for any purpose a part of & s°ar^£^'''^'' t^^ tT^Sick of the Troy Union Railroad Company, but is pany°°"' ^° remain in all respects the exclusive property of the Rensselaer & Saratoga Railroad Company. VI. — The Troy Union Railroad Company shall pay to The Rensselaer & Saratoga Railroad Company Rental for the annual rent of eleven thousand five hundred dol- use of . bddge. lars, in equal monthly installments, for the use of said bridge by all the railroad companies who are or may be authorized to use the same under the terms of this contract ; and the bridge shall be continued, kept in good repair, and wholly maintained by the Rensselaer & Saratoga Railroad Company ; and it is agreed by and between the Rensselaar & Saratoga Railroad Company and the Troy Union Railroad Company, that the said bridge-tolls or rent shall be credited to the said Rensselaer & Saratoga Railroad Company by The Troy Union Railroad Company, monthly, on their books as cash. 235 33 VII. — The New York Central Eailroad Company ato interest of 63.cll and the Hudson Eiver Eailroad Company . shall each pi"-ty in proDGrtv of own one-fourth part, and the Eensselaer & Saratoga Trny union Eailroad Company and the Troy & Boston Eailroad company. Company shall each own one-fifth part of the railroad passenger-house and all other property, rights and franchises of the Troy Union Eailroad Company subject to the lien of the mortgage thereon to the city of Troy. VIII. — And it is further covenanted and agreed by and between the said parties hereto, that the said jj(,jj^,gg mortgage heretofore executed by the Troy Union ^.^j" union Eailroad Company to the said party of the first part remata°fn^° shall be and remain in full force and effect. *"" '°'''=^- It being expressly covenanted and agreed by and between the several parties above named, that nothing herein contained shall be deemed, taken or constru ed to affect or in any way or manner impair the validity, force and effect of said mortgage, as a security for the payment of so much of the original principal and in- terest secured by said mortgage, as is assumed and agreed to be paid in settlement of said suit by instru- ments bearing even date herewith, executed severally by the parties of the third, fourth, fifth and sixth parts respectively, to the party of the first part, but that said mortgage shall betaken, deemed and held as a security for that purpose. The party of the first part being at liberty to make such separate contracts with each of said companies, as to the portion of the debt and in- terest due from each of them, and to make such ar- rangements for tbe payment thereof as the said party of the first part shall deem advisable. In case of foreclosure of the aforesaid mortgage, on fOTcoiosu?! account of any default of the payment of principal or ot^saie to^be interest, as aforesaid, the proceeds of any sale had inrato'tocon" pursuance thereof shall be applied ratably, in pro-tfes*'"^''''"^' proportion to tli'e several amounts assumed of the original debt by each of said railroad companies, so 5 236 34 that each of said railroad companies be credited on the respective amount of said debt assumed by it, in proportion to the respective amount of said debt as- sumed by it, until its respective amount be paid, if suf- ficient for that purpose, and after payment of its re- spective amount of said debt, then the balance, if any, of its ratable share shall be paid to it. mortgaRo to And it is further covenanted and agreed, by and be- by ™oy ^ tween the parties aforesaid, that the said Troy Union oth "r"^ °con° Eailroad Company shall, at any time, upon the request ties, w^theyof the Said party of the first part, execute and deliver 60 regues . ^^^^ ^-^^ g^|^ party of the first part, a further mort- gage upon its capital stock, franchise and property for such amount, not exceeding- the whole amount owing from said several railroad companies to the said party of the first part, to be held as a further security for the performance of the covenants, conditions and agreements, provided to be kept, observed and per- formed on the part of the said several railroad compa- „ , nies to and with the party of the first part. Party mai- . „ , ... ing default And it is herein further provided, that if, at any in payment ^ " . Bhaii be ex- time, default shall be made by any of the said railroad eluded from ' . - -. . use of load, companies, parties hereto, in the payment of any in- stallment of principal or interest to the city of Troy, as provided in this settlement, by reason of the insol- vency of said defaulting company, or if, upon suit brought therefor against said company, and upon judg- ment being recovered therefor by the said city of Troy, and execution issued thereupon being returned unsatis- fied, in whole or in part, then and thereupon, and in either case, the right of such defaulting railroad com- pany to use said Troy Union Kailroad Company's tracks and other property shall cease, and thereupon its title and interest in said Union Eailroad shall vest in the city of Troy. And the city of Troy, in addition to all. other legal remedies, may ap- ply to the proper court for an injunction order to restrain such railroad so in default from using 237 35 the Troy Union Eailroacl company's tracks, passenger- house and other property, or for such other relief as the court may deem just and proper. Provided, liowever, if at any time during the contin- ^^i^'y *«• . . ". faultlDg uance of the Troy Union Railroad Company, such de- ""^y "^ 'e- , . 1 Btoreato faulting road, or its successor, shall assume and pay privileges all the liabilities which then may have accrued, or™"* °f"s ^^ ' liabilities. which may thereafter accrue against such defaulting company, to the city of Troy, together with interest thereon, or if any railroad corporation, parties hereto, which may be re-organized upon its dissolution by its creditors or bondholders, shall assume and pay all li- abilities which then may have accrued, or which may thereafter acciaie against said company to the city of Troy, as agreed in this settlement, such defaulting company, or its successor, or any company reorgan- ized, as aforesaid, shall be restored to all the rights, ownership and privileges in the said Troy Union Rail- road, which said defaulting railroad or reorganized company had prior to such default. IX. — The Eensselaer & Saratoga Railroad Com- pany, the New York Central Railroad Company, the Hudson River Railroad Company, and the Troy and Boston Railroad Company, may each use the railroad Rato of of the Troy Union Railroad Company for the passage lowed, of cars propelled by animals, steam or any mechanical power, at a rate of speed which shall not exceed fifteen miles per hour. X. — The Troy Union Railroad Company shall erect swing-bars in the streets at the points where the same are intersected by the track of the Troy Union Rail- road Company, and shall close the same at the time of the passage of trains ; and if the Troy Union Railroad Company shall fail to construct such swing- swing-bars bars, or to close the same, as above provided, thestructeTat party of the first part may cause the same to be done, P*^^^^*-'='^''^=- and the Troy Union Railroad Company shall pay to 238 86 the party of the first part the expense incurred by the party of the first part in constructing, closing and maintaining such swing-bars. And such payment shall be the only penalty incurred by any of the parties to this instrument, by reason of the failure of the Troy Union Railroad Company to construct or close such swing-bars. XI. — The party of the first part agree, that if the law passed by the Legislature of the State of New TaieF. York, June 24, 1853, relative to the taxation of the property of the Union Railroad Company in Troy, shall at any time be repealed, the Common Council of the city of Troy shall join in an appUcation to the Legislature of the State of New York, that the Troy Union Railroad Company be exempt from taxation upon an amount exceeding the present amount of its capital stock ; and that no tax be imposed upon the Rensselaer & Saratoga Railroad Company on ac- count of the proposed addition to the said bridge, and if such law shall not be passed, the Common CouncU of the city of Troy shall refund to the Troy Union Railroad Company an amount equal to the city taxes imposed on the Troy Union Railroad Company, for any valuation exceeding its present capital stock, and shall also refund to the Rensselaer & Saratoga Rail- road Company an amount equal to the city taxes im- posed on the Rensselaer & Saratoga Railroad Com- pany on account of the said bridge, for any valuation exceeding the present valuation. be'iffordei" XII.— The Rensselaor & Saratoga Railroad Com- Eivor°R!iii. P^'^J' *^^^ '^^°y ^ Boston Raikoad Company, and unHi/r ^^^ ^^'^ York. Central Railroad Company do hereby t™nla?tiug ®^°^ ^g^'®® ^^*^ ^^^ Hudson River .Railroad Com- buBinosB. pany, as lessees of the Troy & Greenbush Railroad Company, to afford to the Hudson River Railroad Company every facility and advantage in all respects, for uniting the Hudson River Railroad with their sev- 239 37 eral roads, and for transacting business over their several roads, which may at the same time be afforded to any other railroad company running trains from Troy or Albany to the city of New York. dsou XIII. — And the Hudson Eiver Kailroad Company, g|^'^* j^^j^ as lessees as aforesaid, hereby agree with the Bensse- 'Xra'°ii,;e laer & Saratoga Raik-oad Company, the New York '^"'"'^^' Central Kailroad Company, and the Troy and Boston Railroad Company, respectively, to afford to each of said companies, respectively, every facility and ad- vantage, in all respects, for uniting their respective roads with the Troy & Greenbush Railroad, and with the Hudson River Railroad, and for transacting business over such roads, which may at the same time be afforded by the Hudson River Railroad Company, to any other company running trains between the cities of Troy or Albany, and any place north or west of either of those cities. XIV. — The stock of the Troy Union Railroad division of '^ Btockaraong Company shall belong one-fourth part each to the <=o"tr^=ti"g New York Central Railroad, The Hudson River Rail- road, the Rensselaer & Saratoga Railroad and the Troy & Boston RaUroad Company. And the Troy Union Railroad Company shall issue to each of said four roads full scrip for the amount of capital stock now subscribed by each of them, subject to the mort- gage aforesaid. Whenever another road shall, by the terms of this contract, obtain an ownership in the Troy Union Railroad Company, it shall be entitled to the one-fifth of said capital stock ; and each of said four above-named roads shall transfer such portion of its scrip to said new road as to make the five roads each the owner of one-fifth part of said capital stock, and in like manner for any additional road. XV. — Any other railroad company which shall here- after run its trains to or from the city of Troy, may, on 240 38 E|ea Md"^' equal terms, and with equal privileges and equal own- Sly^b^ii ership, use the railroad tracks, passenger-house and 2nyt^tnle o^h^r property constructed by the Troy Union Eail- road. j-Qg^^ Company, and shall have equal ownership therein, and also on equal terms use the said Eensselaer & Saratoga Railroad Company's railroad bridge, which equal terms shall be construed to mean the payment of its numerical proportion of bridge-tolls (each com- pany being counted one), and also its equal proportion of the original debt created for the construction of the Troy Union Railroad, and thereafter the like equal proportion of all assessments for maintaining the same. And so much of said proportion of the said original debt as shall be assumed to be paid by any incoming road, shall be paid to the city of Troy, to be applied by it as foUows : One-fourth part thereof upon the obligations held by the city against the New York Central Rail- road Company ; and after the said obligations are paid, the remainder of said fourth part to be paid to the New York Central RaUroad Company. One- fourth part thereof upon the obligations held by the city of Troy against the Hudson River Railroad Com- pany ; and after said obligations are paid, the remain- der of said fourth part to be paid to the Hudson River Railroad Company. One-fourth part thereof, firstly, upon that portion of the balance of their one-fourth of the original debt not assumed by the Rensselaer & Saratoga Railroad Company till paid, and thereafter, upon the obligations held by the city of Troy against said Rensselaer & Saratoga Railroad Company, and the remaining one-fourth part thereof, firstly, upon that portion of the balance of their one-fourth of the original debt not assumed by the Troy & Boston Rail- road Company till paid, and thereafter, upon the obli- gations held by the city of Troy against said Troy & Boston Railroad Company. for^uae"""' XVI.— The Troy Union Railroad Company shall road. prescribe all necessary police regulations, as to the use of the said track and passenger-house. 241 59 XVII. — There shall be no other railroad track be- auowea^n 'tween Hoosick street and Adams street in the city of cauuS. "' Troy, except tracks from the Troy Union Railroad track to the freight houses of the respective roads, which tracks shall be used for the transportation of local freight only, 'and tracks from the Troy Union Railroad track for the accommodation of trains, and tracks south of Liberty street, to connect the New York & Harlem, or New York & Troy Railroad, with the Troy Union Railroad, and tracks to connect the tracks on the said bridge with the Troy Union Rail- road. Nothing in this section shall be construed to prevent the use of said tracks for the necessary hand- ling and transfer of through freight from the cars of one road to another. XVIII. — At all future elections, the Rensselaer & pirectors to ' be deaignat- Saratoga Railro,ad Company, the New York Central |^and^eiect- Railroad Company, the Hudson River Railroad Com-?f contract- £^ J ^ ^ iug parties. pany, and the Troy & Boston Railroad Company, shall each be entitled to designate and elect three Directors in the Troy Union Railroad Company, and the mayor of the city of Troy shall be, ex-qfficio, the remaining Director. In case any other railroad company shall hereafter be entitled to the privileges and immunities mentioned in this instrument, each of the railroad companies entitled to such privileges and immunities shall then be entitled to designate and elect two Direc- tors in the Troy Union Railroad Company, and the residue shall be elected or appointed only by a unani- mous vote, except the mayor of the city of Troy. XIX. — Nothing in this instrument contained shall other roaaa be construed to give any company running trains di-N™Tork' rectly, or by connection with any other road or roads, emiifealo to the city of New York, any of the privileges and im- contract, munities on or over the Troy & Greenbush, or Hudson River railroads which are conceded herein to the Rensselaer & 'Saratoga Railroad Company, the 24<2 40 New York Central Eailroarl Coinpany, or the Troy & Boston Railroad Company. In luitness whereof, the party of the firstpart, in pur- suance of a resolution of the Common Council of the city of Troy, duly passed at a meeting of the said Common Council ; and the other parties to this in- strument, in pursuance of a resolution of the Board of Directors of each of said companies respectively, duly , passed at a meeting of each of said Boards of Direc- tors respectively, have executed this instrument by causing their respective corporate seals to be hereunto affixed, and have caused the same to be signed by the mayor of the city of Troy, and by the president of each of said railroad companies respectively. Aeba Eead, Mayor, [L. s.J Elias Plum, Pres't, [l. s.] Troy Union R. E. Company. Ed. Schriver, Pres't, [l. s.] Sam. Sloan, Pres't, [l. s.] D. T. Vail, Pres't, [l. s.] Erastus Corning, Pres't, [l. s.] SURVEY REFBRREDTO IN THE FOREGOING INSTRUMENT. DESCKIPTION OF SURVEY OF THE Location of the Troy Union Eailroad. < ••• » Beginning at point in the city of Troy, near the east- erly end of the Eensselaer & Saratoga Eailroad bridge, over the Hudson river ; which point is situated in the westerly boundary-line of the lot now owned by James Morrison, at a distance of twenty-four feet and four inches from the southerly line of the same, and running thence on a course south, forty-eight degrees and fifty- seven minutes east, crossing Eiver street two hundred and sixty-three feet to a point near the east- erly line of River street, designated as River street junction ; thence on the course above mentioned, one hundred and sixty-four feet ; thence on a curve to the right, of six hundred and twenty feet radius, crossing North Second street and Federal street, three hundred and twenty-two feet to the south line of Federal street ; thence south, eighteen degrees and fifty minutes east, forty-four feet ; thence, on a curve to the right, of five hundred feet radius, crossing Grand' Division street 24^3 2U 42 three hundred and sixteen feet, to a point in the centre of Sixth street, ninety-four feet from the southerly line of Grand Division street, designated as Sixth street junction ; thence, along the centre-line of Sixth street, south, seventeen degrees and twenty-six min- utes west, two thousand and seventy-four feet to a point where the centre-line of Sixth street would inter- sect the southerly line of Ferry street ; thence, on a curve to the right of nine hundred and ninety-seven feet radius, four hundred feet; thence south, forty degrees and twenty-six minutes West, three hundred and fifty-eight feet ; thence, on a curve to the right of fourteen hundred and thirty-two feet radius, two hun- dred and forty-two feet ; thence south, fifty degrees and six minutes west, six hundred and five feet, to a point near the easterly line of Fourth street, designated as Fourth street junction ; thence, on a curve to the right of eight hundred and forty feet radius, seven hundred and eighty feet ; thence, on a curve to the left of seven hundred and fifty feet radius, six hundred and eighty feet ; thence, on a curve to the' left of one thousand and twenty-two feet radius, six hundred feet, to a point in the track of the Troy & Greenbush railroad, on the north line of the Poestenkill. Then, beginning at a point near the easterly Hue of Fourth street, designated above as Fourth street junc- tion, and running thence south, fifty degrees and six minutes west, three hundred and forty feet ; thence, on a curve to the right of twenty-two hundred and thirty-two feet radius, seven hundred and fifty feet ; thence, on a curve to the left of eighteen hundred and sixty-nine feet radius, sixteen hundred and seventy feet, to a point in the track of the, Troy & Greenbush railroad, about four hundred feet from the southerly line of Madison street. Then, beginning at the point in the centre of Sixth street, heretofore designated as Sixth street- junction and running thence, along the centre of said Sixth street, north seventeen degrees and twenty-sis minutes 245 A'6 east, forty-nine feet ; thence, on a curve to the right of seven hundred and forty feet radius, one hundred and eighty-five feet to a point in the centre of North Third street ; thence, along the centre-line of North Third street, north thirty-one degrees and forty-six minutes east, six hundred and forty-four feet ; thence, on a curve to the right of fourteen hundred and thirty-two feet radius, sixty-five and a half feet to a point desig- nated as North Third street junction ; thence, con- tinuing the last-mentioned curve of fourteen hundred 'and thirty-two feet radius, two hundred and seventy- three feet ; thence north forty-five degrees and nine- teen minutes east, one hundred and seventy-two feet ; thence, on a curve to the left of fourteen hundred and thirty-two feet radius, six hundred and thirty-three feet ; thence north twenty degrees east, seven hundred and ten feet to the north line of Hoosick street. Then beginning at a point near the easterly line of River street, heretofore designated as Eiver street junction, and running thence, on a curve to the left of five hundred and forty-six feet radius, nine hundred feet to a point in North Third street, heretofore desig- nated as North Third street junction. 24^6 2^1 THE ACT ATJTHOEIZING THE Albany & Vermont Railroad Co. TO CONSTRUCT A BRANCH ROAD. AN ACT To authorize the Albany & Yermont Eailroad Company to construct a Branch Road. (Chap. 11 ofLawsof 1863.) Passed February 17, 1863. The People of the State of Neio Yoric, represented in Senate and Assembly, do enact as follows : Section 1. The Albany & Vermont Eailroad Com- pany is hereby authorized to construct and operate in connection with its present railroad, a branch railroad leading therefrom, in the town of Watervhet, to and across Green Island, to connect on said island with the railroad tracks leading across the Hudson aver bridge at Troy ; and said company shall have the same powers to take and acquire lands for constructing such branch railroad, as are given to railroad corporations by the " Act to authorize the formation of railroad corporations and to regulate the same," passed April second, eighteen hundred and fifty, and the several acts amendatory thereof : Provided, however, that the said branch road so authorized to be constructed as aforesaid, shall not cross or in any way interfere with the track, road, or works of the New York Central Eailroad Company, without the written consent of the said Central Eailroad Company, and on such terms and conditions as may be agreed upon by the two com- panies. §. 2. This act shall take effect immediately. 248 240 250 251 LEASE THE ALBANY AND VERMONT RAILROAD COMPANY THE RENSSELAER AND SARATOGA RAILROAD COMPANY. JUNE loth, 1860. M<;VV VOliK: Evening I'ost Steam I'resses, 41 Nassau Stuket, ooknek Liberty. 1872. 252 253 WhU %MtVitWl^, made the twelfth day of June, in the year one thousand eight hundred and sixty, between the Albany and Vermont Eailroad Company, a corporation created by and under the laws of the State of New York, of the first part, and the Eensselaer and Saeatoga Eailboad Company, a Corporation created by and under the laws of said State, of the second part: Whereas, A railroad has heretofore been constructed from a terminus at, or below the south line of Columbia street, in the city of Albany, in said State, into and through a part of Saratoga county, in said State, and thence across the Hudson river to Eagle Bridge, in Washington county ; and said rail- road, with its branch-tracks and turn-outs, is now held and being operated by said party of the first part, from its southern terminus, in said city of Albany, to its intersection in said county of Saratoga with the track of said parly of the second part, at the crossing called the Junction : Now THIS WITNESSETH, That the said parties hereto, each in consideration of the several provisions for its benefit herein contained, hereby mutually covenant, contract and agree to and with each other as follows, and thereto bind their respective successors and assigns : * First. — The said party of the first part has demised and leased and hereby does demise and lease to said party of the second part, for and during such period as the said two com- Duration of panies shall continue to be railroad corporations, or organiza- '"^"^' tions under their present respective charters or organizations, or under any renewals or extensions thereof under whatever name or in whatever form such renewals or extensions may be procured. All that part of the said railroad of said party of „ _^, ^ , , ir J Property leased* the first part, with its bridges, branch-tracks and turn-outs, 254 which is between its southern terminus in said city of Albany and a line drawn at right angles across said railroad at the distance of one thousand feet beyond and northerly of its said intersection with the track of said party of the second part at the Junction aforesaid : And also, except as hereinafter except- ed, all the lands between Columbia street in said city of Albany and the northern terminus of said demised railroad, on which the said demised railroad is constructed, or which are held and used by said party of the first part in operating the same, or which are owned by said party of the first part, together with the buildings thereon and the appurtenances thereto belong- ing ; and also the right to ask, demand and receive, to the use and benefit of said party of the second part, all the toUs, prof- its and income which may or can be legally demanded or received for the transportation of persons or property over or upon said demised railroad or any part thereof, or for the use of any of said demised premises ; and also all such of the rights, easements, privileges and franchises of said party of the first part as are or shall be essential to the fuU enjoyment by said party of the second part of the property hereby demised and as may be lawfully granted hereby; and also all the engines, locomotives, cars, rolling-stock, tools and machinery now owned by said party of the first part ; excepting and reserving there- from, (1st.) All that parcel of land situate on the easterly side of Water street in said city of Albany. (2d.) All that parcel of land to the north of the south side of what is called Thatcher street, near the Yan Keusselaer mansion-house, and which lies between the Erie canal and a line drawn parallel with the centre-line of the track of said railroad and distant ten (10) feet easterly fi-om said centre-line. (3d.) All that enclosed par- cel situate near the premises of L. Menand and without and beyond the line of the out^r Hmits of the adjacent lands hereby demised. (4th.) The land on which stands the station-house used by said party of the first part in the village of West Troy. (5th.) And the land on which stands the freight-house used by said party of the first part in said village of West Troy. To HAVE AND TO HOLD the said demised railroad, and lauds, buildings, appurtenances, rights, easements, privileges, and 255 franchises to said party of the second part for and during the term aforesaid ; yielding and paying therefor to said party of the first part the clear yearly rent of twenty thousand dollars, to be paid in equal semi-annual payments of ten thousand dollars on each first day of May and of NoTember (commencing on the first day of November next), during said term, over and above all taxes and assessments, ordinary and extraordinary, which may in any way be imposed or assessed upon said de- mised property or any part thereof : Provided, however, that in case the yearly rent above re- cefauitinpay- , . ment shall work served or any part thereof shall be behind or unpaid for four forfeiture of ' 1681861 months after any day above fixed for the payment thereof, and the covenants herein contained to be performed by the party of the first part shall be fully performed, or in case any judgment shall be recovered by the said party of the first part against said party of the second part for any breach of any provision herein contained to be performed by said party of the second part, and an execution duly issued on such judg- ment be returned and remain unsatisfied wholly or in part, then said party of the first part, in and upon said demised property and every part thereof, may re-enter and remove all persons therefrom, and the same have again, repossess and enjoy as in its first and former estate, anything herein contained to the contrary notwithstanding. Second.— In case at any time within five years after the date g^^gjft^je otter hereof said party of tho first part shall convey or cause to he^^^^^^J^J' °' conveyed to said party of the second part for the then unex- ^lereby demised pired term of this demise the use, for the purposes of said de- mised railroad, of any railroad-track which shall then extend from the corner of Lumber and Montgomery streets, in said city of Albany, upon and along said Montgomery street to its intersection with Columbia street, and also convey or cause to be conveyed to said party of the second part, for said unex- pired term, lands, buildings and appurtenances in said city of Albany, which shall be of equal advantage, convenience and benefit for operating and using said demised railroad, and doing the business thereof to the advantage, convenience and benefit which that parcel of said demised lands situate between 256 Montgomery and Water streets, and between Lumber and Spencer streets in said city of Albany, with the buildings there- on and appurtenances thereto shall then be to said party of the second part ; thereupon the rights, lands, buildings and appurte- nances so conveyed shall be deemed to be and shall become a part of the property hereby demised in place and stead of the parcel of land last above mentioned, and said last-mentioned parcel'shall wholly cease to be covered by this demise and shall be surrendered to said party of the first part, together with the buildings thereon and appurtenances thereto ; and said party of the first part, in providing for said party of the second part any buildings and appurtenances under this clause of this demise, may erect the same on any of the lands in said city of Albany, covered hereby, which shall not be required by said party of the second part for other purposes in con- nection with its use of said demised railroad ; and in case of any disagreement between the parties hereto about anything done or any change made or contemplated under this clause of this demise, the same shall be settled by three persons, one of whom shall be elected by each party hereto and the third one by the two so selected ; and the written decision of any two of said three persons in relation thereto shall be final and conclusive upon the parties hereto. Third. — In case the branch-tracks leading from the main line of said demised railroad to and along Canal street, in the village of West Troy, shall cease to be used for the running If branch- of regular passenger-trains thereon and be abandoned for that Troy ^ are aban- purpose, thereupon the samc and all of said demised lands fct^o^ies* r? connected therewith and lying easterly of the lands along the main line of said railroad opposite the same shaU be sur- rendered to said party of the first part, and cease to be cov- ered by this demise ; but all moneys which shall be realized therefrom by said party of the first part shall be paid over to said party of the second part. Fourth. — In case any of that part of the railroad of the said party of the first part which is situate east of the Hudson river shall be used or operated by said party of the first part, 257 its grantees, lessees or agents, or under its authority as a rail-jgj;^?'^^^^*^^® road for the transportation of persons or freight, then the said Sion 'oT road party of the second part may thereupon, or at any time there- uBea^^^iMmr""^ after during the time that such part of said railroad shall be so used, terminate the term of this demise and the tenancy hereby created, on the first day of any month thereafter, by giving written notice to that effect to said party of the first part and paying aay rent then in arrear, and also the rent from the then preceding rent-day to the time of such termination, at the rate of twenty thousand dollars per annum. Fifth. — -The said party of the second part has hired and taken, and hereby hires and takes, for the term hereinbefore fixed for this demise, the property hereby demised ; and here- by covenants and agrees to pay therefor to said party of the Annual rental, first part the said clear yearly rent of twenty thousand dollars, and to pay the same in equal semi-annual payments of ten thousand dollars on each first day of May and of November (commencing on the first day of November next) during said term ; and also to pay, satisfy and discharge all taxes and assessments, ordinary and extraordinary, of every kind, which may be levied, assessed or imposed on the real and personal property and franchises hereby demised, or any part or parcel thereof; and also to indemnify and save harmless the said party of the first part against any damages, costs and charges they may sustain or be put to by any neglect in the due and punctual payment and discharge of any such taxes or assess- ments. Sixth. — The said party of the second part may, from time to time, make all such alterations, improvements and additions, Lessee may ' . make alterations in upon or to the property hereby demised, as may be proper ^^^^^^ improve- for its full enjoyment for railroad purposes. Seventh. — In case said party of the second part shall at any time desire, for its more advantageous use of said demised property, to acquire, obtain or enjoy any additional lands, rights of way or other property, said party of the first part. Lessor to lend when thereto reasonably required and indemnified against allence^in acquirl expense and damage therefrom, shall aid therein with its name, ™^ "^^ 258 8 power and authority, and in default thereof, such name, power and authority may be used by said party of the second part, after fully indemnifying said party of the first part against all expense, damage or liability resulting from such use thereof ; and all lands, rights of way, or other property which shall be so acquired or obtained, shall immediately be and become part of the property covered by this demise. Lessor to keep Eighth. — The Said party of the first part shall, during the term zation!'' °'^®™^' of this demise, keep up and continue its legal organization ; and at all times, when thereto reasonably required by said party of the second part, do and perform, at the expense of said party of the second part, all such reasonable acts, matters and things not herein otherwise provided for as may be proper for the due protection, preservation and enjoyment of the prop- erty hereby demised, and to carry into effect the true intent and meaning of this instrument, so far as the same may be done consistently with the rights of said party of the first part, and in default thereof, the same may be done by, but at the expense of, said party of the second part, and in the name of the said party of first part. Ninth. — The said party of the second part shall, and will at all times hereafter, during the term of this demise, do every Lessee to act aud thing whioh may by law be required of or obligatory maiatain and ^ .j .j x o ./ roaranaindTrn'^P"^ either of the parties hereto, in respect to the operation, iSJor^a^ffns't'^^^'^*®'^^"^®' °°^'^^*^'-'^ ^^'■^ use of the railroad and property Ttl \°e*3uwn^ °o^®^® i ■ i • • ations. works ot Said lessees, their executors, administra- tors and assigns upon the said tract of land, and the manner of working and carrying on the same. And shall and will, at all times, permit the said ai5 Caleb B. HacMey, his executors, administrators and assigns to examine the mining-books, memo- randa and accounts of coal dug, mined and weighed, or carried away. And shall and will furnish, forward and deliver to the said Caleb B. Hackley, his agent, executors, administrators and assigns, at and upon the expi- ration of each and every month during said teim, a full and faithful exhibit and account of all thedeTa^soi coal dug, mined and carried ' away during the ""^^ '"""'''■ month immediately preceding. And that they shall and will, at the expiration, forfeiture or other determination of said term and lease, leave and surrender up the possession of said mines and the improvements connected therewith in good order, condition and repair to the said Caleb B. Hackley, erections upon said tract of land, to be and to be-fease^""**"""' come absolutely the property of said lessor, his executors, a Iministiators acd assigns, upon the expiration, forfeiture or other determination of this lease, without recourse or claim for compen- sation for said improvements, roads, shafts, fixtures and erections, in any manner whatsoever by the*said lessees, their executors, administrators or assigns. And it is hereby further covenanted and pro- mised and agreed, by and between the parties thereto, as follows : Fi7'st. — That the said lessees, their executors, administrators and assigns shall not, under this Indenture and Lease, have or exercise any right over, or in any manner interfere with any lands of said lessor, lying or being within one hundred^^"^'^^^"'^''- and twenty feet of said Carbondale and Provi- dence Turnpike and Plank Road, excepting and provided, only that they shall have the right of 316 8 way, and privilege of constructing a railroad over and across one of the lots of the front tier of lots along said turnpike and plank road, as hereinbe' fore provided, a8ri^"d*eMept ^ecoud. — That the said lessees, their executors canafca ^nd administrators shall not and will not, at any time during said term, assign over or transfer this contract, indenture and lease, or the said rights and privileges contained or expressed in the same to any person or persons whomsoever, excepting only to the Delaware and Hudson Canal Company without the consent in writing of the said lessor, his executors, administrators and assigns, first had and obtained therefor. Third. — That if, in consequence of faults in the coal, deficiency or interruption of means of trans- portation, or other unavoidable cause, it becomes impracticable to dig, mine and carry away from said tract of land, during the first year of said term to- wit. : for the year, ending December 1st, 1857, the quantity of thirty thousand tons; then, in the year next ensuing, to-wit. : the year, ending December 1st, 1858, the said lessees, their execu- tors", administrators and assigns, after they shall have mined seventy thousand tons of coal, and paid as aforesaid, said rent of eight thousand ■qnantitTmtoed seveu hundred and fifty dollars, may dig, mine yeOT°iay''be aud Carry away from said tract, without charge or Scond yea?°^ the payment of rent therefor to said lessor, his execu- tors, administrators or assigns, an amount of coal equal to such deficiency and difl^erence, between the amount of coal mined and thirty thousand tons. And if, during said second year of said term to-wit.: the year, ending December 1st, 1858, for the reasons above stated, it becomes impracticable to dig, mine, and carry away from said tract of 317 land, tlie quantity of seventy thousand tons of Deficiency in coal, then, in the year next ensuing, to- wit.: in second' year"^ the year, ending December 1st, A. D. 1859, theup!n?ouowing said lessees, their executors, administrators and''*'^'^' assigns, after they shall have mined one hundred thousand tons, and paid as aforesaid, said rent of twelve thousand five hundred dollars, may dig, mine, and carry away from said tract of land without charge, or the payment of rent therefor to said lessor, his executors, administrators or as- signs, an amount of coal equal to such deficiency to- wit. : the difference between the amount of coal actually mined and seventy thousand tons. And if, for the reasons above stated, it shall become impracticable during any of the remain- ing years of said term, as aforesaid, to dig, mine, and carry away one hundred thousand tons of coal from said tract of land, then in the year next Deficiency in immediately ensums:, out m no other, the said les-maimng years , •' ~ , . . ' -, . may be made up sees, their executors, administrators and assigns, pmyip. the year f ■\ 1111 •! 1 111 1 immediately en- after they shall have mined one hundred thousand suing. tons of coal, and paid as aforesaid, the said rent of thirteen thousand five hundred dollars for said * year, may dig, mine, and carry away from said tract of land, without charge or the payment of rent, as aforesaid therefor to said lessor, his executors, administrators or assigns, an amount of coal equal to such deficiency or difference, between the quan- tity of coal actually mined and one hundred thousand tons. Fourth. — In the event of the failuie by said lessees, their executors, administrators and assigns p^„j,]ty j^ ^^^ to make said payment of two thousand eight hun- °"«*™"- dred and twelve dollars and fifty cents on the first day of December, A. D. 1856, for a period of ten days after the same is due and payable; and also, in the event of the neglect of said lessees, their executors, administrators or assigns, to pro- 318 10 ceed vigorously with their preparations for the opening and carrying on of said works, within six months from the date of this contract ; and also, in the event of the failure of said lessees, their executors, administrators and assigns to pay any one of the said quarterly installments of rent, or renLs due and chargeable for excess of coal as aforesaid, for a period of ninety days after the same shall have become due and payable ; th^en, and in any one, and each and either of the three above stated events, the foregoing contract and lease is, immediately upon the happening of the same, to be and become absolutely forfeited, the rights of the said lessees, their executors, admin- istrators and assigns under the same to cease, and the said lessor, his executors, administrators and assigns shall have the right, without writ or pro- cess of law, to re-enter, re-possess and occupy said mines, premises, and the improvements and ap- purtenances thereto as in his former estate, the same as if this lease had never been given. And such entry or re-possession shall not be construed to bar or preclude the said lessor, his executors, Ee-pos8es8ion n • • , , • /• • i , i ■ by lessor shall admiuistrators or assigns, from any right or claim not "bar collec- • . t/ ~ tion of claims for damages against the said lessees, their executors, ' for damages. i • • , , i • • _(> j_i • administrators and assigns, m consequence oi their having worked the mines in an improper manner, or otherwise violated the stipulations and cove- nants in the foregoing lease contained, or from the recovery of arrearages of rent by distress or other- wise, if any be then due. Fifth. — The said lessees, their executors and Deiawareand administrators shall have the right and privilege Co may be per- to permit, duriug the continuance of this lease, mittea to use , ^ V i • -i i t -i mine load. the use OT the mine roads by the Delaware and Hudson Canal Company, such license and permis- sion to cease upon the expiration of said term, or the forfeiture or other determination of this lease. 319 11 Sixth. — The said lessor, for himself, his heirs, executors, administrators and assigns, reserves thefJraiiraaZf right and authority to re-lease to railroad com-iessorf^^"^'*"' panics the right of way over and across said tract of land, and to sell surface-ground for railroad depots, not however, to interfere with or obstruct the works and improvements of said lessees, their executors, administrators and assigns, theretofore erected and constructed thereon. Sevevth. — The "ton" of coal, wherever men- tioned in the foregoing lease, shall be taken and "Ton "defined, understood to be of the weight of twenty-four hundred and sixty-four (2464) pounds, as weighed in the cars at the mouth of the mine?, and as it first comes from the mines, the addition of two hundred and twenty-four pounds above the ordi- nary ton, being an allowance for dirt and slate. Eighth. — That the said Caleb B. Hackley, his executors, administrators and assigns shall have?'sM?jnessor all the rights and remedies of a landlord, in any ™i'fg^"°" °' case for the collection of rents, hereinbefore stipu- lated to be paid during the period of this lease, in addition to any other legal remedies or rights , hereinbefore mentioned and contained. Ninth. — That the said Caleb B. Hackley, the lessor, his executors, administrators or assigns Lessomotto be shall not be liable or chargeable in damages, or in ge^'on"crount any' other way or manner whatsoever, for any thing qui"ty"?°o°aL relating to the situation or location of the Stone or Anthracite coal in or upon the land aforesaid, or for any deficiency in the quantity or quality of said Anthracite or Stone coal. Tenth. — That the lessor, for himself, his heirs, executors, administrators and assigns, absolutely Land reserved and fully reserves the right of way for a railroad Sipotsnouo^be of single or double track, and ground for therendSed'unBafe necessary depots and side tracks across the pre-Stioi™"^"'^" mises and land above described, free of all surface 32a 12 olastructions or impediments, and said reservations are not to be interfered with, nor the buildings or structures or improvements to be damaged or rendered unsafe, either by mining operations, or in any other manner by the said lessees, adminis- trators, executors or assigns. Eleventh. — That the lessees, their executors, S^emoveSm administrators or assigns shall have the right to en^nes at expi- j» j_i ' j_ • "" J ration of lease, rcmovc irom the premises, any steam-engmes used there, at the expiration of this lease, in case they shall have first faithfully kept and performed all the promises, covenants and agreements hereinbe- fore mentioned, or intended to be mentioned. In Witness Whereof, we have hereunto set our hands and seals the day and year first above written. [seal.] CALEB B. HACKLEY. [seal.] ALVER EATON. [seal.] GEORGE SIMPSON. [seal.] ROBERT 'WESCOTT. Signed, sealed, and delivered in presence of Jacob Flora, Lewis S. Watres. 321 THIS INDENTURE, made and concluded this tenth day of December, in the year of our Lord one thousand eight hundred and fifty-six, between The President, Managers and Company of the Delaware and Hudson Canal Company, of the first part, and Alver Eaton, George Simpson and Robert Wescott, all of Arch bald, in the County of Luzerne, State of Pennsylvania, of the second part. Witnesseth : First. — The party of the first part hereby agrees to purchase and receive from the party of the second part, or their assigns, and the party of the second part hereby agrees to sell and deliver to Quantity soia. the party of the first part, two millions of tons of coal, at the rate or price of eighty-seven and a half (873^) cents per ton, of twenty-four hundred and sixty-four (2464) pounds Weight, being the same as is delivered to the party of the first part, by its miners, from its own mines ; the coal to be mined and the delivery to be made on land now owned by C. B. Hackley, adjoining land owned and in which coal is mined by the party of the first part, at Archbald, in Luzerne County, Penn- sylvania. Second. — After one million of tons shall have been mined and delivered under this contract, if the rate of miners' and laborers' wages shall make it burdensome or profitless for the party of the second part to continue to mine and deliver the additional million of tons, or any part thereof, then they shall be at liberty to surrender and c™tract^may^^ cancel this contract, and shall in that case assign tod^J"™^^^^ and transfer to the said party of the first part their lease of said land from C. B. Hackley, and all their rights and privileges under the same, if the said party of the first part shall require them 'to do so. And if the said party of the first part shall require such assignment, then the said party 322 14 of the first part shall purchase from the party of ture*""""^'''"the second part, such fixtures and improveiuents as the said party of the second part may have made and constructed on said land, for the pur- pose of mining the coal therein, together with their mine-cars, at a fair valuation thereof, to be made in reference to their future use for mining the additional quantity of coal which the said party of the second part may then have a right to mine under their lease; such valuation, if the parties cannot agree thereon, to be made by two competent men , of whom each party shall appoint one, and if they cannot agree, the two shall ap- point an umpire, and the decision of the majority of the three shall be binding and conclusive upon the parties. Third. — And if, after one million of tons shall have been mined and delivered under this con- tract, the market price of coal shall make it bur- ■ densome and profitless for the party of the first part to continue to receive the additional million of tons or. any part thereof, then the said party of cancefcontSct^ the first part shall be at liberty to surrender and profltawe?™ caucel this contract, if it thinks proper so to do. And in that event it shall be obligatory on the party of the first part, if the i^arty of the second part shall desire it, to accept and receive from the ^ , ^ „ party of the second part, an assignment of the Canal Co. then -•■ ■'.-, i>i-i p-tt i. toassumeieaee. unexpired temi OT tueir lease oi said land irom said C. B. Hackley subject to all the duties and obligations, and with the enjoyment of all the right and ]ii'ivileges stipulated in and by lease in regard to the unexpired term thereof And said And parchase P'^'^'^y ^^ *^^ ^^^^ P?^'^ ^^^^^' ^^^^' '^^ that CaSe pur- flxtuics and im- chase tlic fixtui'es, improvements and mine cars of provementa, _ p i i the party ot the second part at a fair valuation thereof, to be made in the manner and on the principle provided in the preceding article of this agreement. 323 15 Tlie coal stall be delivered by tlie party of the second part into the railroad cars of the party of Denveiy of coai the first part at or near the mouth of the mines, on a line or track of railroad to be constructed by the party of the first part to connect its present line of railroad with said mines. The party of^epfcii"!""* the first part shall and will weigh and inspect the coal at its own expense at the point or place that may be designated for the delivery of the same into the railroad cars of the party of the first part, the weight to be ascertained in the mine cars of the party of the second part. Fourth. — The party of the first part shall con- struct and maintain such platforms and weigh scales, scales as may be necessary to weigh and receive the coal into their coal cars, on the line of the road to be built by them. And it is agreed that the quality and condition of the coal mined by the party of the first part shall be the standard fyrfcoai.'^"'^'' of the quality and condition of the coal to be de- livered and received under this contract. But each party shall be at liberty to improve on their own standard quality. In such case, however, reasonable notice of such change shall be given to enable the other party to conform to such im- provement in quality. And it is agreed that the party of the second part shall load and deliver the lump and smaller coal into the railroad cars promiscuously, as is done in the business of the party of the first part in mining its own coal, and in the event of the party of the first part wishing to have it selected, or a separation of the sizes ^i|P|™*''"" "' made, the said party of the first part hereby agrees to pay a just equivalent for such selection or separation over and above eighty-seven and a half cents per ton, or furnish the proper help to do the same. Fifth. — The term or time of this contract shall continue for fifteen years from the first day of 32 i u December of the year one thousand eight hundred SS °' and fifty-six (1856) ; the quantity to be delivered the first year shall be thirty thousand (30,000) tons; the second year seventy thousand (^0,000) tons; and after that the quantity to be distrib- SerS*annu-uted as cqually us can be through the remaining *"^' time or term of this agreement, and not to be less than one hundred thousand tons in any year after the second. The -pavtj of the first part agree to have their railroad, platform scales, &c., ready to receive the coal by the first day of May, 1857, provided they are not hindered or prevented by the State or Local authorities of Pennsylvania. Sixth. — The party of the first part stall have Eight of -way. and cnjoy, without charge, all the privileges and right of way for railroads on the land of the said C. B. Hackley, granted by him to the paity of the second part. Seventh.— In case of rejection of coal by the Sfir''™"' party of the first part, if the party of the second part shall deem the same captious or unreason- able, the matter shall be referred to the mine superintendents of both parties, and if they can- not agree they shall appoint a skillful and expe- rienced person as umpire, whose decision shall bind both parties without recourse. Eighth. — The party of the second part shall EBtimateof coal furnish a statement by the first day of November to be mined (• i j i n • n i. i caciiyoar. - oi eacli year, to the bupenntendent or the party of the first part of the probable amount of coal they can mine and deliver during the following year. Ninth. — The coal shall be delivered and re- ceived in uniform daily quantities in each year during the time that the railroad of the Dela- ware and Hudson Canal Company is in operation, 325 17 as nearly as may be practicable in proportion tosfrfkes, &c., to f 1 •-,'' . •' ^1 . -, 1 n ^ relieve botbpar- the daaly transit over the said road ot the party f '^tJ^^eorrl' of the first part. But, in case of unforeseen and c^ive coai. unavoidable diificulties, making it impracticable for the party of the first part to receive tlie coal in equal and uniform quantities, or for the party of the second part, or their assigns, to deliver in like manner, each party shall" be respectively ab- solved from liability for the time during which the cause for such impracticability shall exist, and the following are enumerated as the kind or char- acter of causes that are contemplated by the parties that may produce such impracticability, namely strikes of workmen, obstructions, or breaches in canal or railroad, falls in mines, &c. Tenth. — If either party shall fail to receive or deliver the coal in regular daily quantity as stip- pemity for de- viated above, unless prevented from so doing by [ng OT^deliveT- some one of the causes indicated above, or others'"^ ''°^^- of a similar character, the party defaulting shall be liable for damages to the other, and if such de- fault shall continue for the space of sixty days on the part of th^ party of the second part, they shall, if so required by the party of the first part, assign and transfer to said party of the first part the lease from said C. B. Hackley to the party of the second part, with all the rights and privileges secured thereby, and in such case said assignment shall be accepted in satisfaction of all damages by the party of the first part. Eleventh. — If the coal in question and proposed to be mined under this contract shall happen, contractmaybe upon development, to be inferior m quality to count of inferior ■, -I -• n ,t , ft ,1 /I, , • -\ quality of coal. the standard of the party of the first part, said party shall be at liberty to rescind this contract, and if the land leased by the party of the second , part, of the said C. B. Hackley, shall fail in quan- tity, or quality necessary to fulfill this contract, 326 18 then the said party of the second part shall not be liable to damage therefor. givl'^'coScera- Twelfth.— Ou or before the jSrst day of April tanspoftotioi in pach and every year during this contract, the eeaBon. party of the first part shall and will inform the party of the second part, how long or up to what time in the year transportation on the railroad of the party of the first part will probably be con- tinued. Payments. Thirteenth. — ^The accounts for coal delivered shall be settled monthly, and payment made to the party of the second part, at the office of the Dela- ware and Hudson Canal Company, in Carbondale, as soon thereafter as may be practicable. Of the whole amount payable according to such settle- ment to the party of the second part, less however, the amount of the mine-rent on the coal included in such settlement, which the party of the second part have stipulated to pay to the said C. B. Hackley, which amount of mine-rent the party of Mine rents due the first part shall retain in their hands until the to be reteinll; same is duB' and payable to the said Hackley, when it shall be paid by the party of the first part to the party of the second part. Fourteen tl). — It is further aa;reed and under- , stood between the parties hereto, that the party of the first part shall, during the continuance of ,, , , this agreement, have the riffht and privilege to Use of openings o . ' -, • n i . ^ ^ " for mining coni use the ODenmgs, drifts and mme-roads of the nnder adjacent pi i properties. i)avt\' ot the secoucl part, to enable the said party of the first part to mine and biing out coal from two tracts of land, owned in whole or in part by them, known i)y the Warrantee names of Nathan Wade and Jacob Flanders, and which adjoin the land of the said C. B. Hackley, without any charge or expense to the said party of the first part for such use, except a fair, proportional part 327 19 of the expeBse of maintaining sncli openings, drifts and mine-roads. And if the openings, drifts and mine-roads shall not, for their purposes, be extended during the two first years of this agreement up to the lines of the said Nathan ^^"''igComgany Wade and Jacob Flanders tracts, then the said "P^^^i^si'^^'^^- party of the first part shall have the right and jj^^jj"''™'^^- privilege, at their own expense, to extend them to said lines, or either of them, and use such ex- tension in connection with the works of the party of the second part as aforesaid, to mine and bring out coal from the said Nathan Wade and Jacob Flanders tracts, or either of them. And in such case, if the party of the first part shall make the extension through coal which the party of the second part has a right to mine, under their lease from said C. B. Hackley, then the party of the first part shall pay to the party of the second part ^°*go|^*J.g„Pf^y the same per ton mine-rent for the coal taken out |fi^„ ™'^'' "p^""" in the process of such extension, that the party of the second part is bound to pay to the said C. B. Hackley, and the coal so mined and paid for shall belong to the party of the first part. Fifteenth. — And it is further agreed between the parties hereto, that if the State of Pennsyl- ?an"SrJon' vania shall, at any time hereafter, by Legislative Le^sMve°lc- or Judicial action, deprive the party of the first *'°°" part of any portion of its property in that State, or of any of the rights and privileges, which it holds by legislative grant or enactment in that State, or shall disturb or impede the said party of the first part in the use and enjoyment of its pro- perty, rights and privileges in said State, then the said party of the first part shall be at liberty to cancel and rescind this contract, if it thinks proper to do so. In Witness Wheeeof, the said President, Managers and Company of the Delaware and 20 Hudson Canal Company have hereunto set their corporate seal, attested by the signature of the President, and the parties of the second part have also severally set their hands and seals this tenth day of December, A. I). 1856. r SEAL. -] TOTTTsT "WTTTJTCl LDelaware and Hudson Canal Company. J o\J±i.±t T» Uiiio, President of the Del. & Hud. Canal Co. [seal.] ALVER EATON. [seal.] GEORGE SIMPSON. [seal.] ROBERT WESCOTT. Sealed and delivered in presence of EOBEBT SOUTTEB, Jr., James 0. Hartt. SUPPLEMENT. Whereas, by an Agreement entered into this day between the President, Managers and Com- pany of the Delaware and Hudson Canal Com- pany, on the first part, and Alver Eaton, George Simpson and Robert Wescott, on the second part, it has been stipulated and agreed that the party Prions of pre^ of the secoud part shall and will deliver to the me2t. *^^^ party of the first part two million tons of coal, to be taken from a certain tract of land in Luzerne County, Pennsylvania, at or near Archbald, sur- veyed in the Warrantee name of Ruth Dilly, said coal to be delivered into the railroad-cars of the party of the first part, on a line of railroad to be constructed by it, to connect its present railroad 32^ 21 w'ltli the mines, at some convenient point; and whereas, the party of the second part think that the most fit and convenient way of access to the railroad-track to be built by, and the railroad-cars of the party of the first part, will be to construct outside mine-planes between said railroad-track and the drifts or openings into the coal, proposed to be made by the party of the second part; and whereas also, the said party of the second part have agreed to permit the party of the first part to use their drifts or openings, and mine-roads and mine-planes to bring out coal, in lands owned by the party of the first part, adjoining said Ruth Dilly's tract, now this agreement witnesseth : That the said party of the first part, in consid- eration of the premises, have agreed and hereby do agree with the party of the second part, that they, the party of the first part, shall and will, after the party of the second part have graded the mine-planes, now proposed to be made, being Mine-pianes to three in number, build the superstructure and at%t^ated** finish said planes, ready for use with the exception^""*" of ropes, for the sum of five hundred dollars, to be paid to the party of the first part by the party of the second part, which payment may be made in coal, delivered to the party of the first part by the party of the second part, at the price and in the manner stipulated by the parties hereto, in a,n agreement between them of this date. When said planes are finished, as above pro- vided, the expense of working them and keeping ^^^^^^ ^^ them in repair is to be borne by the party of thewOTkmg mine- second part, but, if the party of the first part shall pass any of its own coal over the same, they shall contribute to such expense, ^ro rata^ in proportion to the quantity of coal that each party shall pass over said planes. 330 22 In "Witness Whebeof, the said President, Managers and Company of the Delaware and Hudson Canal Company have hereunto set their corporate seal, attested by the signature of their President, and the parties of the second part have also severally set their hands and seals this 10th day of December, A. D. 1856. r SEAL. 1 TOTTN "WTTTJTS LDelaware and HMson Canal Company. J 0\J±±xy vv UXXXO, President of Del. & Hud. Canal Co. [SEAL.] ALVER EATOK [SEAL.] GEORGE SIMPSON. [SEAL.] ROBERT WESCOTT. Sealed and deliyered in presence of Robert Souttee, Jr., James C. Haett. 331 THIS SUPPLEMENTARY AGREEMENT, made and entered into by and between Alvee Eaton and George Simpson, of the Village of Arclibald, in the County of Luzerne, and State of Pennsylvania, and Robert Wescott, of the Bor- ough of Scranton, in said County, party of the first part, and the President, Managers and Company of the Delaware and Hudson Canal Company, party of the second part. WITNESSETH, That whercas, by an agreement or contract in writing, duly executed, dated theousTOntrac"'' tenth day of December, A. D. 1856, made and concluded by and between the said above named parties, whereby the said above named party of the first part agreed to sell and deliver to the said party of the second part, and the said party, of the second part agreed to purchase and receive from the said party of the first part two millions of tons of coal, to be mined and delivered on lands of C. B. HacHey, at said Village of Arch- bald, upon the conditions, and according to the stipulations mentioned in said contract; and whereas, it is by said parties deemed mutually advisable to amend, and in some particulars to change the conditions of said contract. Now this agreement witnesseth that the said party of the first part, in consideration of the premises, and in consideration of the covenants and -agreements hereinafter mentioned and con- tained, to be kept and performed by the said party of the second part, covenants and agrees to and with the said party of the second part. That all of the coal to be delivered as aforesaid, by the said party of the first part, shall be in t^oportion of such proportions of the diff'erent sizes, viz. : Lump, '^'«^'^''* =*^«^ 332 Prepared sizes. 24 Steamer, Grate, Egg, Stove and (Jhestnut, as the Superintendent of the Coal Department of the said party of the second part may, from time to time, order and direct, said Superintendent being hereby authorized, and having the right, by virtue hereof, to require the delivery of the same pro- portion of the different sizes, as for the time then being may be produced and prepared at their own breakers. That all the prepared coal, viz. : Grate, Egg, Stove and Chestnut shall be broken with breakers, and well screened through screens of the proper size. All Chestnut coal shall be passed through a square mesh, of at least one inch, and over a square mesh of not less than one-half iin inch. And the sizes of all the prepared coal shall cor- respond with those made by the party of second part, for the time then being, at their own breakers. And the said party of the first part further Breakers, agrccs to build the breakers, and all the necessary chutes, &c. chutes, screeus, &c., also the necessary tracks for delivering said coal at the breakers, at their own proper cost and expense, and that the breakers and chutes shall be placed at or upon the side of the main tracks of the railroad of the said party of the second part, and at a sufficient distance only from the same to leave the necessary room for side-tracks, to pass the carS under the chutes. The said party of the first part further cove- staMardofpre-^^nts and agrecs, as aforesaid, that all of- said paration. ^.q^] g|j.^|| |-^g ^^^^ £^.gg ^-^^^ ^^^,^^ ^j^^^^ ^^^^ ^|j Other impurities and foreign substances, and shall be cleaned and prepared in as good and perfect a manner as the average of the coal which the said party of the second part may, at the time then being, clean and prepare at their own breakers and mines. 333 25 And that all the coal delivered under this agreement, shall be subject to the inspection of^^'P^*^"""- the Superintendent of the Coal Department of the said party of the second part, or such person as they may employ for that purpose, whose de- cision as to the manner in which the same is cleaned and prepared, shall be final and conclusive. It being understood, however, by and between said parties, that the said party of the first part do not waive the right of appeal to the proper courts, in case such inspection is captious and un- reasonable. That all of the switching and removing of cars, necessary to be done, from the time they are de- livered by the said party of the second part, uponremOTing^oV the track prepared for the standing of empty cars,*^""^^' until they are loaded and placed in a proper and convenient position to be taken away, shall be done by and at the expense of the said party of the first part. It being agreed and understood, that the empty cars shall be left by the said party of the second part upon the sv^itch on the south side of the chutes or breaker, if so desired by the said party of the first part. And the said party of the second part, on their part, in consi ieration of the sale to them of said coal, and of the covenants and agreements herein- before contained, to be kept and performed by and on the part ,of the said party of the first part, do covenant and agree to and with the said party of the first part, that they will deliver upon the side-tracks prepared for that purpose, with as much regularity as practicable, cars for the recep- tion of said coal, and that they will receive and pay for said coal at the rate of ninety -five and a half (953^) cents for every ton of twenty-two hundred and forty (2240) pounds of clean mer-^''P"*°°' chantable coal, and payments shall be made in cash, at the office of the said party of the second part, 334 26 in the City of Carbondale, between the first and fif- teenth days of each month, for all the coal delivered by the said party of the first part to the said party of the second part during the preceding month. And if the said party of the second part so elect, they may, during the close of canal naviga- tion receive the coal without separation of sizes, rqai may be re- and i'u that CRSc the Said party of the first part S^e'i moSL, agrees to and with the said party of the second uonofBize8'!"'"part to deliver in the cars of the said party of the second part twenty-four hundred and sixty-tour (2,464) pounds of clean merchantable coal, (sub- ject to inspection by the said Superintendent of the party of the second part, as aforesaid,) which shall be called a ton. And the said party of the second part agrees to pay to the said party of the first part eighty-seven and a half (873^) cents for every such ton of twenty-four hundred and sixty- four pounds of coaf so delivered. And the said party of the second part further agrees, thatthey will take away and dump, at their own expense, the culm which may be taken from said coal in the process of cleaning and screening (such culm to be de- posited in the cars by the said party of the first part and delivered on the railroad of the said party of the second part) for so long a time and for such time only as they, the said party of the second part can, conveniently make use of the said culm for filling up the trestle works and making embankments along and under the track of their said railroad. And the said parties hereby mutually agree, each to and with the other that the coal delivered under this agreement shall be weighed by a per- son or persons employed by the said party of the second part, upon scales placed in the railroad track of the said party of the second part at a point convenient to both parties, said scales to be located at oi- near the mines of the said party of Calm. Scales and weighing of coal. 335 27 the first part, and to be mutually approved by both parties. That in weighing said coal an allowance shall Allowance for be made sufficient to compensate for ice or snow care" """^ ™ that may be on the coal cars, and for wet coal, and any number of pounds in the weight of a car of coal less than one hundred shall not be be count- ed, and any fractional part of one hundred pounds, in the weight of a car, shall be counted as one hun- dred pounds in deducting the weight of the car. The account of such weight shall be open to the inspection of both parties. And it is mutually agreed and understood by fjf/ine we" and between the said parties that all of the coal ""^ ™''^'"=""'- to be delivered under the contract to which this is a supplement, shall be deposited and properly ^ ' loaded in the railroad cars of the said party of the second part, at the proper cost and expense of the said party of the first part. And it is further mutually agreed by and be- orTgTnaragree- tween the said parties hereto, that any part Qi.°i'^°t'«^'=""'<=^ parts of the aforesaid original agreement between said parties, or the supplement thereto, dated the 10th day of December, A. D. 1856, which are in- consistent herewith, are hereby rescinded and de- clared to be null and void. Dated the ninth day of February, A. D. one thousand eight hundred and sixty. ALVER EATON, GEO. SIMPSON, ROBERT WESTCOTT, THOMAS DICKSON, Sup't Coal Dept., subject to approval of the President of the Delaware & Hudson Canal Co. "Witness, E. "W". Weston. 336 28 And now, this ninth day of February, A. D. 1860, it is further agi-eed and understood by and between the parties to the foregoing supple- mentary contract, that if said party of the second part shall, during such time in the winter season employe" '"''^ as they may receive coal without separation of sizes as above provided for, employ and pay such person, as may be necessary to weigh and inspect such coal in the mine cars as it is brought from the mines, but said coal shall be inspected and weighed in the railroad cars, as provided in the foregoing contract. ALVEE EATON, GEORGE SIMPSON, ROBERT WESTCOTT, THOMAS DICKSON, tSupt. Coal Dept. Witness, E. "W. Weston. Approved, February 13th, 1860. GEO. TALBOT OLYPHANT, Fresident. 337 MEMOEANDUM OF AGREEMENT, made and concluded by and between Wili-iam Hull, of the Township of Blakeley, County of Luzerne, State of Pennsylvania, party of the first part, and Abel Baeker and Lewis Pughe, of the City of Carbondale, and Edwaed Jones, of Archbald, parties of the second part, this fifth day of July A. D. one thousand eight hundred and fifty-eight' WITNESSETH. — That the said William Hull being the owner of a tract of land, in said Blakeley Township, in the warrantee name of Levi Pierce, and being desirous of selling the coal from off the said tract, and the said parties of the second part being desirous to purchase the same, and having entered into a contract with the Del- aware and Hudson Canal Company for furnishing said Company with said coal, to be delivered to said Company upon the agreements and stipula- tions in said contract mentioned ; and whereas, the said Company are building an additional sec- tion of railroad from the Village of Archbald, down the Valley of the Lackawanna and across the said Levi Pierce tract, for the purpose of reaching the coal along the line of said road and conveying the same to market ; now, with a view of serving the interests and promoting the objects of all the parties named, the following articles are agreed upon, to wit : Aeticle 1st. — ^The said party of the first part, for himself, his heirs, administrators or assigns, does demise and let to the parties of the second part, and their assigns, the said tract of land so far as may be necessary for the convenient and 338 Bight of way am face. profitable carrying on of the mining and delivery of the coal in said tract to said Delaware and Hudson Canal Company agreeably to the con- tract of the said parties of the second part with said Company and according to the terms thereof, including the right of way across said tract for nee'orsur- every description of necessary road, and also the use and enjoyment in the fullest manner of such portion of the surface of said tract as may be re- quired for the erection of all necessary shops, barns, offices, engine houses, ''''«• of the first part. And said party of the second part are to account for and to pay or cause to be paid unto the said parties of the first part the mine rents stipulated in said lease for all broken or prepared coal that will pass over a mesh of one-half inch. If it is found necessary to stock coal in winter, or otherwise not expedient to prepare said coal, then wei^Mtobe the ton to be accounted for is to be 2,464 pounds SKeaW weighed and inspected according to the said lease, ""'p-^^p^""""- 3U 10 For all "Pea" coal sent to market and sold by 'Pea" coal, gg^j^j party of the second part they will pay to said party of the first part four cents per ton of 2,240 pounds. And if, at any time, said party of the first part coifm^yiDT^" desire to have all the culm and coal that will pass frelof'chlrle.' through a half inch mesh they can have the priv- ilege of taking the same free of charge, provided they remove the same at their own expense and cost to a convenient distance from the chutes of said party of the second part so as not to interfere with their mining operations. Third. — The parties of the first part consent quantity to be to au abatement in the quantity to be mined mine annua y. ^gg^^p^j^g ^q their leasc with Said party of the second part — instead of one hundred and fifty thousand (150,000) ton? per annum, the said party of the second part shall mine, deliver and account for one hundred and twenty thousand (120,000) tons per annum, unless prevented by such unforseen and unavoidable contingencies as are provided for in the Fourth Article of their lease with the Delaware and Hudson Canal C om- pany, dated July 5th, 1858. Witness, our hands and seals this eleventh day of April, A. D. one thousand eight hundred and sixty, [SEAL.] G. M. HULL, [SEAL.] W. H. HULL, Jr., [SEAL.] JOHN L. HULL, By his Attorney m fact, 6. M. Hull, [SEAL.] WILLIAM HULL, Guardian 'of Stephen, Alonzo and Obestes, Minor Children, [SEAL.] LEWIS PUGHK, [SEAL.] EDWARD JONES, [SEAL.] ABEL BARKER, 34-7 11 It ia further agreed between the within parties that E. Jones & Co. will obtain from the Dela- fo-^^£tn?u«: ware and Hudson Canal Company their guarantee &H^c™S..°for that the provisions of E. Jones & Co.'s contract fSJego^°gcL with said parties of the first part shall be carried *™"'- out and fulfilled according to the provisions and stipulations of said agreement and supplement. Witness, our hands this 11th day of April, A. D. 1860. [SEAL.] LEWIS PUGHE, [SEAL.] EDWARD JONES, [SEAL.] ABEL BARKER. New York, April 26th, 1860, the President, Managers and Company of the Delaware and Hudson Canal Company hereby agree that in the event of the failure of the parties of the second d. &h. c.co., part to the within contract to carry out their outproviBions enfijasfements as therein set forth, they, the said case of failure Company will proceed to mine and get out the bo. coal from the land of the party of the first part, under the provision of the contract between the parties of the first and second part of July 5th, 1858, as modified by the within supplementary agreement. GEO. TALBOT OLYPHANT, President. MEMORANDUM OF AGREEMENT, made this 10th day of April, A. D. 1860, between E. Jones & Co., of the first part, and G. M. Hull, W. Hull, Jr., John Hull and Wm. H. HuU, Sr., Guardian of Stephen, Alonzo, and Orestes Hull, minor children of the second part. 318 12 In consideration of the privileges granted this day by said parties of the second part in the change and manner of weighing coal by consent- ing to the ton of 2,464 pounds of prepared coal to be weighed in Delaware and Hudson Canal Company railroad cars, also an abatement of 30,000 tons per annum in quantity: The said parties of the first part or assigns agree to furnish the said G. M. Hull, W. H. Hull, Sifed^uh Jr., John Hull and Wm. H. Hull, Sr., guardian tic'a'ef*'""*^ of said minor children, and each and every one inclusive with a good quality of coal for their own domestic use in reasonable quantities as they shall require. The said coal to be drawn at the expense of the said parties of the second part from the coal platform, said privileges to extend as long as E. Jones & Co., or their assigns, shall work and mine the coal under the Levi Pierce tract under their contract with the parties of the second part. WiTiiTESs, our hands and seals this tenth day of April, A. D. I860. [SEAL.] G. M. HULL, [SEAL.] W. H. HULL, Jr., [SEAL.] WILLIAM HULL, Guardian of Stephen, Alonzo ajto Oeestes, Minor Children. [SEAL.] EDWARD JONES, [SEAL.] LEWIS PUGHE, [SEAL.] ABEL BAEKER. THIS INDENTURE, made this 12th day of April, in the year of our Lord 1864, by and be- tween Edward Jones, of the Village of Olyphant, in the County of Luzerne and State of Pennsyl- vania, Lewis Pughe and Charles P. Wurts, both of the City of Carbondale in the said County of 349 Deed. 13 Luzerne, George L. Dickson, of the Borough of Scranton, in the said County of Luzerne, and Samuel G. Barker, of the City, County and State of New York, parties of the first part, and the President, Managers and Company of the Dela- ware and Hudson Canal Company of the second part : WITNESSETH. — ^That for and in consideration of the sum of thirty-nine thousand eight hundred and ninety -five and i\%- dollars, good and lawful money of the United States of America unto them in hand well and truly paid by the said E.jones&co., The President, Managers and Company of the canaVco. Delaware and Hudson Canal Company, the said Edward Jones, Lewis Pughe, Charles P. Wurts, George L. Dickson and Samuel G. Barker have given, granted, bargained, sold, aliened, released, conveyed, confirmed, assigned, transferred and set over, and by these presents do give, grant, bar- gain, sell, alien, release, convey, confirm, assign, transfer and set over unto the said The President, Managers and Company of the Delaware and Hudson Canal Company, their successors and as- signs, all the right, title, interest, property, claim and demand of the said parties of the first part individually and as composing the copartnership firm of Edward Jones and Company, of, into, under or out of all the property of the said copartnership firm of Edward Jones & Co., whether real, personal or mixed, rights, credits, eh OSes in action and interest of all kinds, held, owned, used or enjoyed by the said copartnership firm and among other things (without excluding by the enumeration anything covered by the above more general description and not herein particularly set forth) two certain coal leases or mining agreements, one thereof made between vl^laf °™" William Hull, of the one part, and Abel Barker, Lewis Pughe and Edward Jones, of the other 350 14 part, bearing date July 5th, 1858, and recorded in the office for recording of deeds, &c., at Wilkesbarre, in and for the said County of Luzerne, in deed book, No. 74, page 225, &c. The other thereof made between James Mott, H. W. Newton, aud Charle? E. Vosburg, of the one part, and the said Abel Barker, Lewis Pughe and Edward Jones, of the other part, bearing date August 28th, A. D. 1858, and recorded in the same office, in deed book No. 74, page 228, &c., and all the buildings, improvements, coal breakers, fixtures, mine openings, tunnels, slopes, gangways, dead work, schutes, screens, railroad switches, turn outs, offices, shops, stables and sheds, constructed, built, used or occuped by the said copartnership firm of Edward Jones & Co., or any other person or persons to or for their use, benefit or behoof, situate at or near the said Village of Olyphant, in the said County of Luzerne and State of Pennsylvania. Together with all and singular the ways, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said parties of the first part, in law, equity or otherwise, howsoever, of, in, and to the same and every part thereof, and also all the rights and privileges, claim and demand of the said parties of the first part of, in, to, under or out of a certain agreement for minin^^ and delivering coal of and from the lands mentioned in the said coal leases made by and between the said Abel Barker, menWeen Lcwis Pughe and Edward Jones, of the one part, I'joneran'd and the said The President, Managers and Com- Sied'^Sr pauy of the Delaware and Hudson Canal. Com- pany, of the other part, under and by virtue of 351 15 ■which the said co-partnership firm has been here- tofore mining and delivering coal. The said agreement to be and continue hereafter and hence- forth as null and of no further effect or virtue. To have and to hold the same and all and every part and pai'cel thereof with the appurtenances to the said President, Managers and Company of the Delaware and Hudson Canal Company, its suc- cessors and assigns, to and for the only use, bene- fit and behoof of the said The President, Man- agers and Company of the Delaware and Hudson Canal Company forever, and the said Edward Jones, Lewis Pughe, Charles P. Wurts, George L. Dickson and Samuel G. Barker, each one for himself, and his heirs, executors and administra- tors, and not for the others thereof, doth hereby covenant, grant and agree to and with the said The President, Managers and Company of the Del- aware and Hudson Canal Company, their suc- cessors and assigns, that they the said Edward Jones, Lewis Pughe, Charles P. Wurts, George L. Dickson and Samuel G. Barker, for their respect- ive interests therein, being for said Edward Jones, one undivided fourth part thereof; the said Lewis Pughe, one undivided fourth part thereof; the said Charles P. Wurts, one undivided fourth part thereof; the said George L. Dickson, one undi- vided eighth part thereof; and the said Samuel G. Barker, one undivided eighth part thereof, have good right, full power and lawful authority to give, grant, bargain, sell, alien, release, convey, confirm, assign, transfer and set over the said rights, titles, interests, property, claim and de- mand, hereditaments and premises and the said contracts, leases and agreements unto the said President, Managers and Company of the Dela- ware and Hudson Canal Company, its successors and assigns, in manner and form aforesaid, and that the same and every part thereof are full and 352 16 clear of and from all charges and incumbrances whatsoever. And further that they the said Edward Jones, Lewis Pughe, Charles P. Wurts, Geo. L. Dick- son and Samuel G. Barker, each one for himself, his heirs, executors and administrators, and for their respective interests therein, and not for each other or for the interests of the other therein all and singular the rights, title, interest, property, claim and demand, hereditaments, premises, con- tracts, leases and agreements hereinabove de- scribed and granted or mentioned and intended so to be, with the appurtenances unto the said The President, Managers and Company of the Delaware and Hudson Canal Company, their successors and assigns, against them the said Edward Jones, Lewis Pughe, Charles P. Wurts, George L. Dickson and Samuel G. Barker, their heirs, executors and administrators, or any of them, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will warrant and forever defend. In Witness Whereof, the said parties have hereunto interchangeably set their hands and seals the day and year first above written. [SEAL.] . EDWARD JONES, [SEAL.] LEWIS PUGHE, [SEAL.] CHARLES P. WURTS, [SEAL.} GEO. L. DICKSON, [SEAL.] SAMUEL G. BARKER. 353 THIS INDENTURE, made and concluded this first day of July, A. D. 1858, by and be- tween the President, Managers and Company of the Delaware and Hudson Canal Company, of the one part, and Abel Barker and Lewis Pughe, of the City of Carbondale, and Edward Jones, of Archbald, Luzerne County, Pennsyl- vania, of the other part: WITNESSETH. — That whereas the said Company are now constructing an extension of their rail- road from a point near Archbald, Luzerne County, Pennsylvania, down the valley of the Lackawanna, and which extension will pass over or near the lands belonging to William Hull and to James Mott and others ; and, whereas, the said Barker and others, by contract duly entered into with said Hull and said Mott and others, have the right to mine and sell the coal in their said lands (for a more particular description of which refer- ence is had to said contracts), and, whereas, the said Company desire to obtain a right of way across said lands and other privileges thereupon, and also to purchase the coal in the same, the said parties have mutually agreed upon the fol- lowing articles: Article 1. — It is agreed by and between the ^ parties hereto that the "ton" designed by this contract shall be deemed and taken to be of the weight of twenty-four hundred and sixty-four (2,464) pounds, that being the weight of the ton recognized by the practice of the Company in its own mining operations. Aeticle 2, — The said Barker, and others, agree to mine and deliver to said Company all the anthracite coal of suitable quality contained in the said lands of said Hull and said Mott and others, in yearly quantities, as follows : — In the 351 year 1859, not less than thirty thousand (30,000) Sdannua^iy. to^s, nor more than fifty thousand (50,000) tons from the lands of said Hull ; and not less than fifteen thousand (15,000) tons, nor more than twenty-five thousand (25,000) tons from the lands of said Mott, and others; in the year next fol- lowing not less than ninety thousand (90,000) tons, nor more than, one hundred thousand (100,00) tons from the lands of said Hull, and not less than thirty thousand (30,000) tons, nor more than thirty-five thousand (35,000) tons from the lands of said Mott, and others; and in each and every year thereafter, so long as this contract shall continue in force, not less than one hundred and thirty thousand (130,000) tons, nor more than one hundred and fifty thousand (150,000) tons from the lands of said Hull; and not less than forty-five thousand (45,000) tons, nor more than fifty thousand (50,000) tons from the lands of said Mott, and others ; it being understood, however, that if the said Company having used due diligence in constructing the aforesaid exten- sion of their railroad down the valley of the Lackawanna, shall fail to complete the same in season to enable them to receive the coal to be received, as before provided, in the year 1859, the said Company shall not, in that case, be liable for damages on account of such default. The said coal shall be delivered by the said Barker, and others, into the cars of said Com- pany over chutes to be erected by said Company at a point or points on their railroad, reasonably convenient to the mine openings on said lands, and shall be weighed and inspected (the weight being understood to include the whole contents of the mine cars, except slate and other impuri- ties) at the expense of said Company, by their agents ; the standard of such inspection to be in Inspection. all Tcspects the same as that adopted by said. Proviso. Weighing of Coal. 355 3 Company in their own mining operations, and to be subject to alteration, from time to time, as said Company shall see fit; reasonable notice of such alteration being given to said Barker, and others, to enable them to conform thereto. The said Company shall, at any time, have the right to require of said Barker, and others, a sep- aration or assortment of the coal into sizes, but in that case the said Company shall, at their S™"°° "' option, either furnish the necessary labor for that purpose, or pay to said Barker, and others, a rea- sonable additional compensation for doingthe same. Aeticle 3. — The said Company agree to pay to said Barker, and others, for the coal delivered under this contract at the rate of eighty-two and a half (82%) cents per ton, such payment to be made monthly at said Company's Office, in Car- bondale, but the said Company shall retain from *^^^' °°' the amount which may be due to the said Barker, and others, such sums as, at the date of the afore- paymente. said payments, shall be due on account of mine rents under the said contracts of said Barker, and others, with said Hull and said Mott and others, and shall pay the same to the parties entitled thereto. Article 4. — The said Company agrees to give notice to said Barker and others on or before the first day of April, in each year, of the probable companyto time in such year during which the said Com- notify conhac- J o T. "T 1 -tor concerning pany will transport coal over their railroad, and ^™t°|™ o°t|. of the proportion in which they may desire to re- tio°- ceive the same from day to day during such time, and the said Barker and others agree to conform their daily deliveries as nearly as possible there- to. The coal so delivered shall be received by the Company with all reasonable promptitude, but it is understood that if the delivery of coal uvlry^iusel" by the one party, or reception of the same by the contogencles others shall be prevented by unforeseen contin- tttpM'tya"**'' gencies, such as any action of the Legislature or todimage^* 35S Judicial authorities of Pennsylvania interfering with the prosecution of said Company's business, the interruption or derangements of work on the Company's canal or raili'oads by accidents to the same, or directly or indirectly by strikes of min- ers, boatmen or other employees, strikes of labor- ers, falls or faults in mines, or any other similar causes beyond the reasonable control of the par- ties hereto, then, in that case, the party defaulting shall not be liable for damages for failure to de- liver or receive, as the case may be, while such cause shall continue to exist, provided, that due diligence shall have been used by the defaulting party to prevent or remove the same. And it is further agreed, by and between the parties hereto, that if the said Barker and others shall not proceed with all diligence with refer- in case contrac- ence to the purposes of this contract to open and eecutework work the coal upou the aforesaid lands, or if said the Canal Com- Barker and others not being: prevented by the pany may take 1 • ^ n °l i j_i "^ j possession and causes herein Deiore enumerated, or others of a the work. similar character, shall fail for a period of sixty days to deliver coal to said Company, as required by this contract, then the said Company shall have the right to proceed themselves to work the coal upon said lands, and shall possess and be entitled to use all the benefits tnd privileges be- longing to said Barker and others under their contracts with said Hull and said Mott and others as fully and freely as said Barker and others possess and are entitled to use the same. Article 5. — If the said Barker and others shall, at any time, desire to abandon the mining mayXndon ^^^^ delivery of coal under this contract, they shall ^tmctupo?" ^^'^^^ *^^ "g^* *<^ '^^^ ^o> ninety days' notice hav- Iiys°iottepf i"g ^®®° g^^*^° to ^^^^ Company of their inten- todoio'^"*'"" tion so to abandon, and in the event of such abandonment said Company agree to proceed themselves to mine and get out the coal in said 357 lands so long as tlie same shall, in regard to qual- ity, cost of mining, and all other respects, be equal to. the coal which said Company are ac- customed to work and shall at that time be work- ing in their own mining operations. And if said Company shall so proceed to mine and get out topurcw'^im^ the coal from said lands, they shall take and pay provementB,*c for at a fair valuation, all the fixtures, improve- ments, rail tracks, mine cars, and other necessary implements used by the said Barker, and others, in the working and delivery of said coal, and thereafter all the rights and privileges belonging to said Barker, and others, by virtue of their con- tracts with said Hull and said Mott and others, and all the responsibilities and duties of said Barker, and others, thenceforth arising under the same shall respectively belong to and be borne by the said Company. Akticle 6. — Said Barker, and others, agree to procure for said Company a conveyance of the right of way for the empty and loaded tracks of their railroad over the aforesaid lands of said '^'°'^*y- Hull and said Mott and others, and also to secure to said Company, in the fullest manner, the use and enjoyment of a right of way through such mine openings and drifts, and over such railroads as said Barker, and others, shall cause to be made in the prosecution of work under this contract, so as to enable the said Company to bring out through such openings and drifts, and over such roads any coal which may be mined by said Com- pany upon any adjoining lands owned, or to be owned, or leased by them. Aeticle 7. — It being understood that the said Barker, and others, are required by their afore- said contracts with said Hull and said Mott and ^^^^ company others, to make advances to said Hull and said JoBMteTnd Mott and others, in all amounting to seven thou- °^^«^^ sand dollars (|7,000), said Company agree to 358 6 lend said Barker, and others, the sum of money so needed by them for such advancements, as fol- lows: three thousand dollars upon tlie execution of this contract, and the remainder in sixty days thereafter, and the said Barker, and others, agree to repay to said Company the money so borrowed at the same times, and in like amounts as are agreed upon for the repayment of the advances to be made by said Barker, and others, to said Hull and said Mott and others, in the said con- tracts between said parties. Akticle 8. — Said Barker, and others, as secu- Barkerand i"i*y ^^^ 'he faithful performance of ther engage- contractsaf'^ ments Under this contract agree concurrently with security. ■^\^Q executiou of the same to assign to said Com- pany their aforesaid contracts with said Hull and said Mott and others, the same to he held by said Company as such security so long as this contract shall continue in force. Article 9. — It is agreed by and between the ?^ttteaby arbi Parties hereto, that in the event of any dispute tration. arising between them under any of the articles of this contract, the question so in dispute shall be referred to two persons of skill and experience in reference to the subject matter of such dispute, one to be chosen by each party, and if they can- not agree, they, the said referees shall choose an umpire, and the decision of such referees, or of such umpire, as the case may be, shall be binding upon both parties without further recourse. Witness, our hands and seals, the day first above written. [SEAL.j EGBERT SOUTTER, Vice-President [SEAL.] ABEL BARKER, [SEAL.] LEWIS PUGHE, [SEAL.] EDWARD JONES. In presence of D. N. Lathbop, G. L. Haight. 359 THIS SUPPLEMENTARY AGREEMENT, ■by and between the President, Managers and Company of the Delaware and Hudson Canal Company, of the one part, and Abel Barker, Lewis Pughe and Edward Jones, of the other part: WITNESSETH. — That, whereas, the said parties by contract duly executed, bearing date the first day of July, last past, (1858) agreed, on the part of the said parties of the first part, to receive and pay for a large quantity of anthracite coal to be taken from the lands of William Hull and of James Mott, and others, in the township of Blakely, Luzerne County, Pennsylvaifia, and the said parties of the second part agreed to mine and deliver the same to the said Company accord- ing to the several terms and conditions of said agreement, the price therein specified being eighty-two and one-half (82^) cents for every ton thereof, said ton to be of the weight of twenty-four hundred and sixty four (2,464) pounds according to the established practice of said Company; and, whereas, the said parties of the second part agreed to procure for the said party of the first part the right of way for their railroad tracks over said lands, and the right to use freely the subterranean passages in said lands for conveying coal from any adjoining lands to their railroad tracks, aforesaid, and the said Barker, and others, have by their several con- tracts with the said William Hull and the said James Mott and others, procured the said privi- leges, for a full specification of which reference is now made to the said contract. Now in consider- ation of the premises and in consideration of the present conveyance of all the said rights and privileges by the said parties of the second part to the said Company, and for other good 360 8 and sufficient considerations the said Company agree to pay to the said Barker, and others, topay cont?aT ^^^ additional price of two and one-half (2j^) creased rate per <^6ii*s for each and cverj ton of coal so mined '°°- and delivered to them, and received by them upon the contract mentioned to which this con- tract is a supplement, subject to the same condi- tions, specifications and constructions as are therein contained, Ik Witkess Whereof, the said Company has caused its corporate seal to be hereunto affixed, attested by the signatures of its President, and the said parties of the other part have hereunto placed their hands and seals, at New York city, this fifteenth day of September, A. D. 1858. [SEAL.] GEO. TALBOT OLYPHANT, President. [SEAL.J ABEL BAEKER. [SEAL.] LEWIS PUGHE. [SEAL.] EDWARD JONES. 9 THIS SUPPLEMENTARY AGREEMENT, made and entered into this 25th day of April, A. D. 1860, between Abel Barker and Lewis Pughe, of the City of Carbondale, and Edward Jones, of Blakeley Township, Luzerne County, Penn., party of the first part, and the President, Managers and Company of the Delaware and Hudson Canal Company, party of the second part : WITNESSETH. — That, whereas, by an agreement or contract, in writing, duly executed, dated the first day of July, A. D. 1858, made and concluded by and between the above named parties where- by the said above named party of the first part agreed to sell and deliver to the said party of the second part, and the said party of the second part agreed to purchase and receive from the said party of the first part all the Anthracite coal of suitable quality, contained in the lands of "Wm. Hull, James Mott and others, in yearly quantities (for a more particular description of which refer- ence is had to said contract), and, whereas, it is by said parties deemed mutually advisable to amend, and in some particulars to change the con- ditions of said contract. Now, this asrreement witnesseth, that the said party of the first part, as well for and m consider- ation of the premises and of the covenants and agreements hereinafter mentioned and contained to be kept and performed by and on the part of the said party of the second part, as for and in consideration of the sum of one dollar, the receipt whereof is hereby acknowledged, covenants and agrees to and with the said party of the second part : that all the coal to be delivered, as afore- said, by the said party of the first part shall be in such proportion of the diiferent sizes, viz: 362 10 dffintto. grate, egg, stove and chestnut, as the Superinten- dent of the Coal Department of the said party of the second part may, from time to time, order and direct, said Superintendent "being authorized and having the right hy virtue hereof to require the delivery of the same proportion of the different sizes as, for the time then being, may be produced and prepared at their own breakers. Mode of prepat- That all coal, viz : grate, egg, stove and chest- ation. j^^^^ shall be broken with breakers and well screened through screens of the proper size ; all Chestnut coal, chestnut coal shall be passed through a square mesh of at least one inch and over a square mesh of not less than one-half an inch ; and the sizes of all the coal shall correspond with those made by the said party of the second part, for the time then being, at their own breakers. And the said party of the first part farther agree to build the breakers and all the necessary bSidfbreakSs, chutes, screcus, etc., also the necessary tracks for *"• delivering said coal at the breakers, at their own cost and expense, and that the breakers and chutes shall be placed at or upon the side of the main track of the railroad of the said party of the second part, and at a sufficient distance only from the same to leave the necessary room for side tracks to pass the cars under the chute. The said party of the first part further cov- ftom dirt, slate, euant and agree, as aforesaid, that all of said coal shall be as free from dirt, slate and all other im- purities and foreign substances, and shall be cleaned and prepared in as good and perfect a manner as the average of the coal which the said party of the second part may, at the time then being, clean and prepare at their own breakers. Inspection. -^^^^ t^^-t all the coal delivered under this agreement shall be subject to the inspection of 363 11 the Superintendent of the Coal Department of tlie said party of the second part or such person as they may employ for that purpose, whose de- cision, as to the manner in which the same is cleaned and prepared, shall be final and conclu- sive. It being understood, however, by and be- tween said parties that the said party of the first part do not waive the right of appeal to the pro- per courts in case such inspection is captious and unreasonable. That all the switching and removing of cars necessary to be done, from the time they are de- livered by the said party of the second part upon femoT^ofrars. the track prepared for the standing of empty cars, until they are loaded and placed in a proper and convenient position to be taken away, shall be done by and at the expense of the said party of the first part. And the said party of the second part, on their part, in consideration of the sale and delivery to them of said coal and of the covenants and agree- ments hereinbefore contained, to be kept and per- formed by and on the part of the said party of the first part, do covenant and agree to and with the said party of the first part that they will de- liver upon the side tracks, prepared for that pur- pose, with as much regularity as practicable cars for the reception of said coal, and that they will receive and pay for said coal at the rate of ninety- six (96) cents for every ton of twenty-two hun- dred and forty (2,240) pounds of clean merchant- able coal, and payments shall be made, in cash, at the office of the said party of the second part, in the City of Carbondale, between the first and fifteenth days of each month, for all the coal de- livered by the said party of the first part to the said party of the second part during the preced- ing month. Rate per ton. 364 12 " Pea " coal. 'Culm." Weighing of coal. Allowance for Ice or anow on coal cars. And the said parties further agree, as aforesaid, that if at any time hereafter the said party of the second part shall elect to receive "pea" coal and shall notify the said party of the first part to pre- pare and deliver the same, then the said party of the first part shall and will, upon such notice, pre- pare and deliver " pea " coal, and for every ton of twenty-two hundred and forty (2,240) pounds of clean merchantable, well prepared "pea" coal that can be made from the screens at the breakers, the said party of the second part shall pay the said party of the first part twenty-five (25) cents in the manner above provided. And the said party of the second part further agree that they will take away and dump at their own expense the " culm " which may be taken from said coal in the process of ieleaning and screening (such "culm" to be deposited in. the cars by the said party of the first part and de- livered on the railroad of the said party of the second part) for so long a time and for such time only as they, the said party of the second part, can conveniently make use of said " culm " for filling up the trestle work and making embank- ments along and under the track of their said rail- road. And the said parties hereby mutually' agree, each to and with the other, that the coal delivered under this agreement shall be weighed by a per- son or persons employed by the said party of the second part upon scales placed in the railroad track of the said party of the second part, said scales to be located at or near the mines of the said party of the first part, and to be miitu- ally approved by both parties. That in weighing said coal an allowance shall be made sufiScient to compensate for ice or snow that may be on the coal cars, and for wet coal, 365 13 and any mimber of pounds in the weight of a car of coal less than one hundred pounds shall not l)e counted, and any fractional part of one hundred pounds in the weight of a car shall be counted as one hundred pounds in deducting the weight of the car. The account of such weights shall be open to the inspection of both parties. And it is mutually understood and agreed by and between the parties aforesaid, that all the uaaVd into cars coal to be delivered under the contract, to which contractors"* this is a supplement, shall be deposited and pro- perly loaded in the railroad cars of the said party of the second part at the proper cost and expense of the said party of the first part. It is further understood and agreed by and be- tween the said parties, that the quantity to be mined in each year under the contract, to which this is a supplement, shall be reduced thirty nua^qnantityto thousand (30,000) tons per annum, on quantity stipulated to be taken from lands of William Hull, and twenty-five thousand (25,000) tons per annum on quantity stipulated to be taken from lands of Mott, Newton and Vosburgh, the said total yearly reduction of fifty-five thousand (55,000) tons to be transferred to and taken from lands of the "Central Coal Company" in the Township of Providence, County of Luzerne, and State of Pennsylvania, being a tract of land leased by said Central Coal Company to said Jones and Company, parties of the first part, and William H. Richmond, and being the same tract upon which the said Richmond is now erecting a coal breaker for the purpose of delivering coal to the said Delaware and Hudson Canal Company. It is further understood and agreed, by and between the parties aforesaid, that the above named fifty-five thousand (55,000) tons to be 366 14 Stedtole^"^"' transferred to and taken from the said property ciStra/com- leased by said party of the first part (Jones and Se%fiyt?eV° Company,) from the said "Central Coal Com- fto*mda\eof"^^ pany," shall be mined, prepared and delivered by of contract. g^i^j Jones and Company, and received by the said Delaware and Hudson Canal Company for the period of thirteen (18) years, from the date hereof, when the delivery and reception of said coal shall cease and terminate, and thereafter the yearly quantity to be mined and delivered by the said party of the first part and received by said party of the second part under the contract, to stipulated an- wHch this is a Supplement, shall be permanently be'Xanentiy reduced fifty-fivc thousand (55,000) tons per pl^attonrfTa annum during the continuance of the contract, S^af Company unlcss the Said party of the second part elect to elect otherwise. (.Qntinue to rcceivc a larger quantity, Hate per tonfor It is, also, further understood and agreed that of "central 'crai the pricB to be paid for coal taken from the lands company. ^^ ^^^ ^^.^ u Central Coal Company " shall be, as follows to wit : For every ton of two thousand two hundred and forty (2,240) pounds of clean, well prepared, merchantable coal — lump, eighty (80) cents ; grate, ninety (90) cents ; egg, one dollar and five cents ($1.05) ; stove, one dollar and twenty-five cents ($1.25) ; chestnut, fifty (50) cents. It is, also, further mutually agreed that the Quantity to be above named yearly quantity of fifty -five thou- ftom lands of saud (55,000) tons to be taken irom the lands of Company to be Said Central Coal Company, shall be subject to ditionsnamed the samc conditious as to order of delivery, in- in contract -with '.. •i, ,• . x ■,./. w\ H. Eich- spection, weight, preparation, sizes and quality of coal as is specified in contract made between Wm. H. Richmond, of the City of Carbondale, and the President, Managers and Company of the Delaware and Hudson Canal Company, for the delivery and reception of coal from part of said 367 15 tract of land of the Central Coal Company, said agreement bearing date January 25tl], A. D. 1860. Provisions of agree- ment reBcinded. And it is mutually understood and agreed by Original and between the said parties hereto, that any part ' or parts of the aforesaid original agreement be- tween said parties, or the supplement thereto, which are inconsistent herewith, are hereby re- scinded and declared to be null and void. Ik Witness Whereof, the said parties have hereunto set their hands and seals, the day and year first above written. [seal.] ABEL BARKER, [seal.] lewis PUGHE, [seal.] EDWARD JONES, THOMAS DICKSON, Superintendent Goal Department, Del. and Sud, Canal Co. Subject to the approval of the President of the Company. Approved, April 26th, 1860, GEO. TALBOT OLYPHANT, President. 368 369 17 ASSIGNMENT. Know all men by these presents that I, William Hull, of the Township of Blakeley, County of Luzerne and State of Pennsylvania, for a valuable consideration to me in hand paid by my sons, Geo. M. Hull, Wm. H. Hull, John L. Hull, Stephen P. Hull, Alonzo Hull and Orestes T. Hull, of the County and State aforesaid, the re- wmfHuiuo ceipt of which is hereby acknowledged, have oti^"^"*"^ sold, assigned and transferred, and do hereby sell, assign, and transfer unto my aforesaid sons, Geo. M., Wm. H., John L., Stephen P., Alonzo and Orestes T. Hull, their heirs and assigns, all the right, title, interest, claim or demand that I have in and to a certain agreement, dated the 5th day July, 1858, between me the said William Hull, party of the first part, and Abel Barker and Lewis Pughe, of the City of Carbondale, and Edward Jones, of the Village of Archbald, County and State aforesaid, of the second part, the. same being recorded in the office for record- irig deeds, &g., at Wilkesbarre, in deed book, liumber 74, page 225, 226 and 227 whereby I, the said William Hull, did demise and let unto the said Barker, Pughe and Jones all the coal under certain tracts of land therein described, and upon certain t-^rms and conditions as by reference to said contract will fully appear, the same being changed by an additional and supplementary agreement, dated the 11th day of April, A. D. 1860, said supplementary agreement being signed by G. M. Hull, Wm. H. Hull, Jr., John L. Hull, by his Attorney in fact G. M. Hull, Wm. Hull, guardian of Stephen, Alonzo and Orestes, minor children, on the one part, and Lewis Pughe, Edward Jones and Abel Barker, of the other part, said supplementary agreement being in- tended to be placed on record. The said con- tracts or agreements being by deed of assignment 370 18 dated the .12th of April, A. D. 1864, duly exe- cuted by Edward Jones, Lewis Pughe and Abel Barker aforesaid, sold, assigned, transferred and set over to the President, Managers and Com- pany of the Delaware and Hudson Canal Com- yjany, whereby the said Delaware and Hudson Canal Company became possessed of all the rights and privileges of the said Jones, Pughe and Barker, in and to said contracts, leases and agree- ments. I also hereby assign, sell, transfer and set over to ray sons, aforesaid, all the money that is now due and that may hereafter become due on the said leases, contracts or agreements to have and collect the same for their own use and benefit. Witness, my hand and seal, this second day of September, A. D. 1867. [SEAL.] WILLIAM HULL. AGREEMENT, made this 8d day of Septem- ber, 1867, between Geo. M. Hull, Wm. H. Hull, Alonzo Hull, Orestes T. Hull, of Blakeley, County of Luzerne and State of Pennsylvania, and Stephen P. Hull, and John L. Hull, of Scranton, County and State aforesaid, party of the first part, and The President, Managers and Company of the Delaware and Hudson Canal Company, party of the second part: WITNESSETH. — That whereas, an agreement was entered into on the fifth day of July, A. D. 1858, between William Hull, of the aforesaid Township of Blakeley, of the first part and Abel Barker and Lewis Pughe, of the City of Carbondale, and Edward Jones, of the Village of Archbald, County and State aforesaid, of the second part, 371 19 the same being recorded in the Office for the re- cording of Deeds, &c., at Wilkesbarre, in deed book, number 74, pages 225, 226 and 227, where- by the said William Hull, did demise and let unto the said Barker, Pughe and Jones, all the coal under certain tracts "of lands therein de- scribed, and upon certain terms and conditions, as by reference to said contract will fully appear, And whereas, on the 11th day of April, A. D. 1860, an agreement was duly executed as addi- tional and supplementary to the aforesaid agree- ment of July 5th, A. D. 1858, said supplemen- tary agreement being signed by G. M. Hull, Wm. H. Hull, Jr., John L. Hull, by his Attorney in fact G. M. Hull, Wm. Hull, Guardian of Stephen, Alonzo and Orestes, minor children on the one part, and Lewis Pughe, Edward Jones and Abel Barker, on the other part; said supplementary agreement intended to be placed on record ; and Whereas, the said Edward Jones, Lewis Pughe, and Abel Barker did by deed of assignment, dated the 12th day of April, A. D. 1864, sell, assign, transfer and set over all their right, title, interest and estate in and to said contract and agreements, dated July 5th, A. D. 1858 and April 11th, A. D. 1860, 'to the President, Man- agers and Company of the Delaware and Hud- son Canal Company, whereby the said Delaware and Hudson Canal Company became possessed of all the rights and privileges of the said Jones^ Pughe and Barker, in and to said contracts, leases and agreements, and became subject to all the conditions and restrictions therein contained ; and Whereas, the said William Hull, did by deed of assignment, dated the 2d day of September, A. D. 1867, intended to be placed on record, sell, assign, transfer and set over all his right, title 372 20 interest and estate in and to said contracts and agreements, dated July 5tli, A. D. 1858 and April nth, A. D. 1860, to his sons George M. Hull, William H. Hull, Jr., John L. Hull, Stephen P. Hull, Alonzo Hull, and Orestes T. Hull, their heirs and assigns, whereby his said sons became possessed of all the rights and privileges of the said William in and to said contracts, leases and Spu»ln! agreements; and tity. Whereas, the quantity of coal provided for being taken out, under said contract and sup- plement, has not been mined or taken out in each year, and whereas, it is likely that the amount of the annual quantity named and provided to be taken out will continue to be less than that named in said contract and supplement, until the openings now in progress of construction by said Delaware and Hudson Canal Company are completed. Now, therefore, it is agreed by the said G. M. Hull, John L. Hull, Alonzo Hull, Stephen P. Hull and Orestes T. Hull, their heirs and assigns, that for and in consideration of the sum of one dollar to them in hand paid, the receipt whereof Canal Company is hercbv acknowledged, as well for and in con- uabiiity m ran- sideratiou of the covenants and agreements of the fapnre to mine Caual Company hereinafter mentioned, being well quantity. aud truly kept and performed, they will and do hereby release The Delaware and Hudson Canal Company from all claims, liability and demand they may have direct or implied under the said contract and supplementary agreement and as- signment, in consequence of the failure of the said Canal Company to mine and take out the annual quantity named to be taken out in said agreement and supplement thereto ; provided, however, that the said Canal Company use all diligence in pushing forward their mine openings and improvements to completion. 373 21 And the said Delaware and Hudson Canal Company, their successors and assigns, in con- sideration of being relieved from any and all claims of the said Hulls' on account of failure to mine and take out the annual quantity named to be mined and taken out under the said agree- ment and supplement thereto, as well for the de- ficiency that may have occurred under the said agreement and supplement as for any deficiency to^la^^ffx^ that may occur from the date hereof until the aiiiars"to openings and improvements now in progress of retoin%hat sum construction are completed, doth hereby agree to ""i' "^ ™y*'*i^«- advance upon said contract ,as a loan to said Hulls' the sum of six thousand dollars which Free passes said sum shall be repaid from the rents or royal- trm^Si^ea. *° ties that may become due on said contract during the year 1869, and to furnish free passes over their railroad, &c., on all regular passenger trains to the following persons, to wit : to Stephen P. Hull and wife, John L. Hull and wife, William Hull and wife, George M. Hull and wife, William H. Hull and wife, Alonzo Hull and Orestes T. Hull, and that they will continue to furnish said passes so long as the failure to deliver the annual quantity named in said contract or agreement and the supplement thereto continues to «xist. ^^ Mode of settle- ment for defi- ciency in annual It is also agreed and understood that if the said quantity atter Canal Company after the year 1869 fail to take out and pay for in any one year 100,000 tons the royalty or rent shall be calculated upon 100,000 tons the amount paid for the then current year deducted and interest allowed upon the balance, such interest to be continued until the deficiency upon which the interest was based shall have been mined and taken out. of re- It being understood and agreed that the said Ss^S.. Canal Company shall be relieved from all liabil- fromre^nS' ity to mine the stipulated quantity when the^"'*^' y to mine. 374 22 mines shall have become so far exhausted as to render it impracticable to mine the same. In Witness Whereof, the said Hulls' party of the first part have hereunto set their hands, and the said Delavs^are and Hudson Canal Company- have caused the same to be signed by their Vice- President. [SEAL.] a M. HULL, [SEAL.J W. H. HULL, Jr., [SEAL.] STEPHEN P. HULL, [SEAL.] ALONZO HULL, [SEAL.] OEESTES T. HULL, THE PRESIDENT, MANAGERS AND COMPANY, OF THE DELAWARE AND HUDSON CANAL COMPANY. By THOMAS DICKSON, Yice- President SEAL, (. 3. C. f D. AKD H. C. Attest, L N. SEYMOUR, Treasurer. 375 376 377 MEMOEANDUM OF AGEEEMENT made and concluded by and between Janaes Mott, Henry W. Newton and Charles E.Vosburgh, of the Township of Blakely, Luzerne County, State of Pennsylvania, party of the first part, and A. Bar- ker and Lewis Pughe, of the City of Carbondale, and Edward Jones, of Archbald, parties of the second part, this twenty-eighth day of August, A. D. 1858. WITNESSETH, that the said James Mott and others being the owners of a tract of land in said Blakely Township, known as the "Calvin Barber Tract, adjoining the "Levi Pierce Tract," or lands now owned by William Hull containing sixty- five (65) acres, be the same more or less, and be- ing desirous of selling the coal from off the said tract, and the said parties of the second part be- ing desirous to purchase the same and having entered into a contract with the Delaware and Hudson Canal Company for furnishing said Com- pany with said coal, to be delivered to said Com- ,paiiy upon the agreements and stipulations in said contract mentioned, and Whereas, the said Company are building aa additional section of railroad from the Village of Archbald down the Valley of the Lackawanna and across the said " Calvin Barber Tract," for the purpose of reaching the coal along the line of said road and conveying the same to market, now with the view of serving the interest and promo- ting the objects of all the parties named, the following articles are agreed upon, to wit : Aeticle 1st. — The said parties of the first part for themselves, their heirs or administrators, do 378 demise and let to the parties of the second part and their assigns the said tract of land, that they ftufe and buiid- ^^J ^se and occupy the surface of the said land ings. with the appurtenances, without reserve, for min- ing and other pui poses, and may use and occupy the house and barn on the premises, and that they may cut, fell and use for their own purposes all the timber on the premises, except the pine which shall be twelve inches and upwards at the umber'with butt measurcd eighteen inches from the ground certain reBerra- (^^jjjgij jg rcscrved) the partics of the second part being at liberty to take possession on the execu- tion of this lease, including the right of way to the Delaware and Hudson Canal Company, across said tract for every description of necessary road. lease.'"" ° This leasc shall continue in force until all the veins in said tract of suitable character shall have been worked out, but no veins of coal shall be deemed suitable, which shall not be equal in worked" ''^ quality and cost of mining to the veins which the said Company are accustomed to work or at the time of any alleged inferiority shall be actu- ally working in their own mining operations. Article 2d. — It is agreed by and between the parties hereto, that the ton contemplated in this lease shall be deemed and taken to be of the Ton" defined weight of 2,464 pouuds, that being the weight of the ton recognized in the practice of the said Delaware and Hudson Canal Company in their own mining operations. Article 3d. — Said parties of the second part agree to commence the mining and delivery of coal from said tract, whenever the extension of said Companys railroad, now in course of con- struction, shall be completed and in readiness for the transportation of the same, and that they will thereafter mine and get out the coal from said Quanutytobe ^j.^^^,^ j^ yearly quantities, as follows: in the year 1859, not less than 15,000 tons ; in the year next 379 following, not less than 25,000 tons ; and in each and every year thereafter, so long as this contract shall continue in force, not less than 35,000 nor more than 50,000 tons, and that they will do the work of mining in as clean and thorough, and workmanlike manner as is done by the said Com- pany in their mining operations, it being," how- ever, understood that if the said parties of the second part are prevented from mining and get- ting out in any year the quantity of coal herein agreed upon by any of the uniorseen contingen- ciBeof'Itr^-s. cies enumerated in Article 4th of the said con- tract between them and the said Company or by others of a like character, then, in that event, the parties of the second part shall not be liable for damages on account of such default. The compensation to be paid to said Mott and others as a mine rent for the coal mined under this lease shall be at the rate of twelve and one half cents Rate per ton. per ton. And the said parties of the second part having by their said contract with the said Com- pany agreed as to the manner of weighing, in- specting and accounting for said coal, and having therein stipulated that said Company shall retain from all monies due to them under said contract the mine rents due to said Mott and others, as provided in this lease, the same to be paid by said Company to said Mott and others on their order, the said Mott and others hereby agree to receive the said rents so due to them from said Paym™t6. Company at their usual monthly settlements, and according to the account kept by the officers or agents of said Company, of the coal mined and got out of said tracts, and the said Mott and others hereby acknowledge the receipt from the party of the second part of two thousand dollars Ad-vances to be r J r 11, retainea out of which sum the said Mott and others agree that royalties. the said parties of the second part shall retain out of the first monies accruing from mine rents under this lease, and the said Mott and others 380 Mott & Co. to have acceas to accounts and to mines. Right of way for railroad.— conveyed to Bel. & Hudson Canal Co. Also, use of surface for huildings. Also, right to mine coal on adjoining pro- perty Llu'ough mine openings on these lands. This contract to he Buhordi- nate to contract between Jones & Co. and the Canal Co, Lessees may assign lease to Canal Co. Taxes. hereby consent that said Company sliall so apply any such monies left with or retained by them under their said contract with said parties of the second part. The said Mott and others shall at all times have reasonable access to the weigh books and shall be permitted to copy the account of coal therefrom, and they shall, at any and at all times, be permitted to enter the mines with a surveyor or other skillful person to examine the condition of the mines and to ascertain for them- selves whether the work is being prosecuted accoi'ding to the engagements herein of the said parties of the second part. Abticle 4th. — Said party of the first part agrees to convey, and do hereby convey to the Delaware and Hudson Canal Company the right of way across said tract for the loaded and empty tracks of their railroad, together with such fur- ther portion of the surface of said tract as may be required for all necessarj^ buildings and fix- tures connected tnerewith, and also to convey and they do hereby convey to said Company the right of way through all mine openings, drifts or passages upon or under said tract which now exist or may be hereafter constructed to any adjoining lands, to bring coal therefrom and over the surface of said tract between such openings, drifts or passages and the railroad of said Com- pany. Akticle 5th. — This contract is to be regarded as subordinate to the said contract of said parties of the second part with said Delaware and Hud- son Canal Company, and shall be so construed ; and the said Mott and others hereby agree that the same may at any time be assigned by the said parties of' the second part to said Company. Article 6th. — All taxes assessed upon said tract while in the occupancy of the parties of the second part shall be paid by them. 381 Article '7th. — Any dispute arising between SJbmitteatJ'^ the parties hereto under any of the provisions of '"^''"'■»"™- this contract which they are unable to settle for themselves shall be referred to two persons of skill and experience in the subject matter thereof, one to be chosen by each party hereto, and if they cannot agree, then to an umpire also of skill and experience, to be chosen by said referees, and the decision of such referees or umpire, as the case may be, stall be binding on both parties without further recourse. Witness, our hands and seals on the day and year first above written. JAMBS MOTT, H. W. NEWTON, C. E. VOSBURGH, • ABEL BARKER, LEWIS PUGHE, EDWARD JONES. In pursuance of the stipulations in our con- SSfiea fi'^^* tracts with the Delaware and Hudson Canal canafc^?^' Company, dated 1st July, A. D. 1858, as express- ed in the Eighth Article thereof, we hereby assign, transfer, set over, and deliver to the said Company all our rights, interest and privileges in the foregoing contract to have and to hold the same to the said Company in pursuance of all the terms and conditions of our said , contract with said Company. "Witness, our hands and seals this thirteenth day of September, A. D. 1858.' [seal.] ABEL BARKER, [seal.] lewis PUGHE, [SEAL.] EDWARD JONEa 382 6 The following stipulations and agreements are made as additional and supplementary to the Memorandum of Agreement, made between James Mott, H. W. Newton and C. E. Vosburgh and A. Barker, Lewis Pughe and Edward Jones, bear- ing date August 28th, A. D. 1858, for the lease of -coal in and under the Calvin Barber lot in Blakely Township, Luzerne County, Pennsylvania. qSty' to be FiBST. — As Supplementary to the Third Article mined annually |jj ^^[^ lease the quantity to be mined each year shall be twenty-five thousand in lieu of the quan- tity named in said article, unless prevented by such unforeseen and unavoidable contingencies as are provided for in the Fourth Article of their lease with the Delaware and Hudson Canal Com- pany, dated July 1st, A. D. 1858. Second. — As supplementary to Article Second p^Mation*of it is agreed by and between the parties that the rfieto^^'^"* coal mined under said lease shall be broken, screened and prepared, and the ton shall be changed from 2,464 pounds weighed in the mine cars to 2,240 pounds of clean prepared coal, to be weighed in the railroad cars, according to the rules and regulations of said Company in weigh- ing and inspecting coal according to the provis- ions of their contract with the parties of the second part, and such weighing and account there- of to be at all times subject to the inspection of said party of the first part, and said parties of the second part are to account for and pay to the said parties of the first part the mine rents stipu- lated in said lease for all broken or prepared coal that will pass over a mesh of one-half inch. If it is found necessary to stock coal in Winter, or otherwise not expedient to ship coal in a pre- pared state, then, in such event, the ton to be accounted for shall be 2,464 pounds, to be weigh- ed and inspected according to the provisions of said lease. 383 In Witness Whereof, we hereunto set our bands and seals this ninth day of April, A, D, 1860. JAMES MOTT, CHAS. P. WUETS, ABEL BAEKEE, Assignee of H. W. Newton and 0. E. Vosbuegh. LEWIS PUGHE, ABEL BAEKEE, EDWAED JONES. THIS INDENTURE, made this 12th day of April, in the year of our Lord 1864, by and be- tween Edward Jones, of the Village of Olyphant, in the County of Luzerne and State of Pennsyl- vania, Lewis Pughe and Charles P. Wurts, both of the City of Carbondale, in said County of Luzerne, George L. Dickson, of the Borough of Scranton in the said County of Luzerne and Samuel G. Barker, of the City, County and State of New York, parties of the first part, and The President, Managers and Company of the Dela- ware and Hudson Canal Company, of the second part: WITNESSETH. — That for and in consideration of the sum of (|39,895^) thirty-nine thousand eight hundred ninety-five -irA dollars, good and lawful money of the United States of America, unto them in hand well and truly paid by the E.^jonen & Co. said The President, Managers and Company of ^„*^«^«>-,*j„ the Delaware and Hudson Canal Company, the said Edward Jones, Lewis Pughe, Charles P. Wurts, George L. Dickson and Samuel G. Barker have given, granted, bargained, sold, aliened, 384 released, conveyed, confirmed, assigned, trans- ferred and set over, and by these presents do give, grant, bargain, sell, alien, release, convey, confirm, assign, transfer and set over unto the said the President, Managers and Company of the Delaware and Hudson Canal Company, their successors and assigns, all the right, title, interest, property, claim and demand of the said parties of the , first part individually, and as composing the co-partnership firm of Edward Jones & Co., of, into, under or out of all the projDerty of the said co-partnership firm of Edward Jones & Co., whether real, personal or mixed, rights, credits, choses in action and interest of all kinds held, owned, used or enjoyed by the said co-partnershp, firm, and among other things (without excluding by the enumeration anything covered by the above more general description and not herein particularly set forth) two certain coal leases or mining agreements, one thereof made between comlyed. William HuU, of the one part, and Abel Barker, Lewis Pughe and Edward Jones, of the other part; bearing date July 5th, A. D. 1858, and recorded in the office for recording of deeds, &c., at Wilkesbarre, in and for the said County of Luzerne, on Deed Book, number 74, page 225, &c. The other thereof made between James Mott, H. W. Newton, and Charles E. Vosburgh, of the one part, and the said Abel Barker, Lewis Pughe and Edward Jones, of the other part, bearing date August 28th, A. D. 1858, and re- corded in the said office in Deed Book, number 74, page 228, &c., and all the buildings, improve- ments, coal breakers, fixtures, mines openings, tunnels, slopes, gangways, dead work, chutes^ screens, railroad, switches, turnouts, offices, shops, stables, sheds, constructed, built, used or occupied by the said co-partnership firm of Edward Jones & Co., or any other person or persons to or for their use, benefit or behoof, situate at or near the 385 said Village of Olyphant, in the said County of Luzerne and State of Pennsylvania. Together with all and singular the ways, waters water courses, rights, liberties, privileges, heredit- aments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof and all the estate, right, title, in- terest, property, claim and demand whatsoever of the said parties of the first part, in law, equity or otherwise howsoever of, in and to the same and every part thereof, and also all the rights and privileges, claim and demand of the said parties of the first part of, in, to, under or out of a certain agreement for mining and delivering coal of and from the lands mentioned in the said coal leases made by and between the said Abel Barker, Lewis Pughe, and Edward Jones, of the one part, and the said The President, Managers and Company of the Delaware and Hudson Canal Company, of the other part under and by virtue of which the said co-partnership firm has been heretofore mining and delivering coal. The said agreement to be and continue hereafter and henceforth as null and of no further effect or virtue. To have and to hold the same and all and every part and parcel thereof with the appurtenances to the said The President, Managers and Com- pany of the Delaware and Hudson Canal Com- pany, its successors and assigns, to and for the only use, benefit and behoof of the said The Presi- dent, Managers and Company of the Delaware and Hudson Canal Company forever, and the said Edward Jones, Lewis Pughe, Charles P.Wurts, Greorge L. Dickson, and Samuel G. Barker, each one for himself, and his heirs, executors and administrators, and not for the others thereof, doth hereby covenant, grant and agree to and with the 386 10 said The President, Managers and Company of the Delaware and Hudson Canal Company, their successors and assigns, that they the said Edward Jones, Lewis Pughe, Charles P. Wurts, George L. toe?t6 ofViTe Dickson and Samuel G. Barker for their respective iDmpo'eing'flrm interests therein being for said Edward Jones, of Jones* Co. Qjjg undivided fourth part thereof, the said Lewis Pughe one undivided fourth part thereof, the said Charles P. Wurts one undivided fourth part thereof, the said George L. Dickson one undivided eighth part thereof and the said Samuel G. Barker one undivided eighth part thereof, have good right, full power and lawful authority to give, grant, bargain, sell, alien, release, convey, con- firm, assign, transfer and set over the said rights, titles, interest, property, claim and demand, hereditaments and premises, and the said contracts, leases and agreements unto the said President, Managers and Company of the Delaware and Hudson Canal Company, its successors and assigns, , in manner and form aforesaid, and that the same and every part thereof are full and clear of and from all charges and incumbrances whatsoever. And further that they the said Edward Jones, Lewis Pughe, Charles P. Wurts, Geo. L. Dickson, and Samuel G. Barker, each one for himself, his heirs, executors and administrators, and for their respective interests therein, and not for each other or for the interests of the other therein, all and singular the rights, title, interest, property, claim and demand, hereditaments, premises, contracts, leases and agreements hereinabove described and granted, or mentioned, and intended so to be with the appurtenances unto the said The President, Managers and Company of the Delaware and Hudson Canal Company, their successors and assigns, against them the said Edward Jones, Lewis Pughe, Charles P. Wurts, Geo. L. Dickson and Samuel G. Barker, their heirs, executors, ad- ministrators or any of them, and against all and 387 11 every other person or persons whomsoever law- fully claiming, or to claim the same, or any part thereof shall and will warrant and forever defend. In Witness Whereof, the said parties have hereunto interchangeably set their hands and seals, the day and year first above written. Sigaed, EDWAED JONES, LEWIS PUGHE, CHARLES P. WURTS, GEOEGE L. DICKSON, SAMUEL G. BARKER 388 THIS AGREEMENT, made tlje thirteenth day of August, A. D, one thousand eight hundred and fifty-eight, between Joiie Gibson, of the City and County of Philadelphia, and State of Penn- sylvania, of the one part, and John P. Offeeman, of Blakeley Township, Luzerne County, and State aforesaid, of the other part. WITNESSETH, That the said party of the first part for, and in consideration of the rents and covenants hereinafter contained on the part of the party of the second part, to be kept and pertbrm- ed, has granted, demised and leased, and by these presents doth grant, demise and lease unto the S3,id party of the second part, his heirs, executors, administrators and assigns, the right and privi- lege to mine, dig and carry away coal above and below water level, in and from the lands held by the party of the first part, situated on the east side of the Lackawanna River, in the Townships of Blakeley and Carbondale, Luzerne County, and State of Pennsylvania, containing one thou- sand and fifty-nine acres, more or less, in the War- Description, rantee names of James and Peter Rider and Wil- liam Ryon, the said coal to be mined and deliver- ed to the Delaware and Hudson Canal Company, in yearly quantities, as provided for in contract between said Delaware and Hudson Canal Com- pany and said party of the second part, entered into on the thirteenth day of August, of the pre- sent year, and to be paid for to the party of the first part, at the rate of fifteen cents per ton rent, in monthly settlements, at the ofiice of said Dela- ware and "Hudson Canal Company, in the City of Carbondale, and according to the account kept at 390 said office, of the coal so delivered by the party of the second part to said Company of twenty- four hundred and sixty-four pounds to the ton. Eight to mine. Aud the Said party of the second part shall hold and enjoy .the aforesaid privilege of mining and taking away coal from such points of water levels and from such vein or veins of coal as he may select, to enable him to mine and deliver the quantity of coal as per contract aforesaid. Working of And the said party of the second part hereby agrees to work said veins of coal hereby leased, in as clean and thorough a manner as is practised by the said Delaware and Hudson Canal Company in their mining operations, and to leave no coal in the mines, suitable to the purposes of the con- tract between the said Delaware and Hudson Canal Company and said party of the second part, that can, with proper caution, be taken out, it be- ing however, expressly understood, that the said party of the second part shall not be required, under this provision, to take out any coal which shall not be equal in regard to cost of mining, and in all other respects to the coal mined by said Delaware and Hudson Canal Company in their own operations, nor to mine any vein of coal which shall not contain at least three and one-half feet of coal, free from slate or other im- purities. Repairs, &c, ^^^ g^^^ party of the second part further agrees to construct and keep in proper repair during the continuance of this lease, good and substantial gangways, and to keep water-courses free and substantial. The party of the first part, his agent or engi- neers shall, during the continuance of this lease^ have free egress into and from said veins of coal^ 391 for the purposes of ascertaining whetter the en-,^^''^|™i*9j^^^^ gagements of the party of the second part, under gi^y'sopera- this lease, are being faithfully performed, and if any dispute shall arise in regard to the same be- tween the parties hereto, the matter so in dispute shall be referred to two disinterested persons of skill and experience in such matters, one to be chosen by each party, and if these cannot agree, ■*''''*^*'^'"'' they shall choose a third person — also of skill and experience — as umpire. And the decision of such referees, or of such umpire, as the case may be, shall be binding upon both parties, without further recourse ; and if said party of the second part, his agent or assigns, shall neglect or refuse on thirty days' notice from the party of the first part, to select on his part one referee, any justice of the peace of said County, at the request of the party of the first part, his agent or assigns, may act as such referee in behalf of the party of the second part, and full faith and effect shall be given to any and all the acts of the referees, the same as if chosen in the manner before mentioned. And it is further understood and agreed, that Rate per ton , /» 1 T -n J -J 1 for coal sold at the party oi the second part will not permit the retail, workmen, or any other person or persons to carry away coal from the mines or wagons, and an ac- count shall be rendered of all coal sold by the ton, at retail, and shall be paid for at the rate of fifteen cents per ton. The said party of the second part shall have Ejgtt^to cut the right to cut timber on said lands, suitable for props for the mines, of dimensions not to exceed fifteen inches at the butt. It is also agreed that this lease_ shall not be as- i^||^«"t »' signed or transferred in part or in whole, or the demised premises, or any part thereof sublet, without the consent, in writing, of the party of the first part, his heirs and assigns, first had and obtained. 392 Eight of way. It is also agreed that the privilege hereby grant- ed to mine coal, extends only to snch boundaries as may be necessary to enable the party of the second part to fulfill his contract with the Dela- flmretusii^oT ware and Hudson Canal Company, and should any new lease. ^|jg party of the first part grant any other lease to mine coal on any of the said lands, or on his lands on the west side of the Lackawanna River, which lease shall not interfere with the mines that may be opened by the party of the second part, the party of the second part shall have the first refusal of any such lease or leases. „ . , ^. , Any of the stipulations or covenants of this stipulations of •' -i., i-nni •• contract may be lease uiay DC suspcudcd Or modified, by writing, mutual consent, signed by both parties hereto annexed to this lease without afifecting any other part of the lease. The said party of the second part, or his assigns shall have the right of way over the surface of said tracts, and the free use of such portions of the same as may be necessary for the convenient prosecution of his mining operations. Duration of This Icasc to coutinuc in force until one million lease. ^^ ^^^^ ^^ 2,464 pounds, shall have been mined and taken out by the party of the second part, as provided for in the said contract between said party and the Delaware and Hudson Canal Com- pany, for the delivery of coal to said Company. In Witness Whereof, we have hereunto set our hands and seals this ninth day of October, A. D. one thousand eight hundred and fifty-eight. [seal.] JOHN GIBSON. [seal.] JOHN P. OFFEEMAN In presence of Charles F. Hellfeicht, James E. Steel. 393 I hereby transfer and assign the within lease DKnu'd.'*' to the within named Delaware and Hudson Canal *^'""'' ^°- Company as a security or guarantee for the fulfill- ment of a contract, entered into by me with the said Company, dated the 13th day of August, A. D. one thousand eight hundred and fifty-eight, for the delivery of one million tons of coal. In Witness Whereof, I have hereunto set my hand and seal this ninth day of October, A. D. one thousand eight hundred and fifty-eight. [seal.] JOHN P. OFFERMAN. In presence of Chakles F. Hellfeioht, James E. Steel. I, John Gibson, the party of the first part in Snt to abov°" the within lease, do hereby consent to the above *^^'^°"™'" transfer of the said lease to the said Delaware and Hudson Canal Company, in case the said con- tract shall not be duly executed by him, his exe- cutors, administrators and assigns, and in case they shall be compelled to mine coal themselves, under said lease, they shall pay a mine rent of only ten cents per ton, instead of the rate agreed upon in said lease. In Witness Whereof, I have hereunto set my hand and seal this ninth day of October, A. D. one thousand eight hundred and fifty-eight. [seal.] JOHN GIBSON. In presence of Charles F. Hellfeioht, James R. Steel. 394 Memorandum of Articles of Agreement made and entered into this thirteenth, day of August, Anno Domini one thousand eight hundred and fifty-eight, by and between The President, Mana- gers and Company of the Delaware and Hudson Canal Company, party of the first part, and John P. Offerman, of the vicinity of the City of Car- bondale, of the other part. Witnesseth, That whereas the said Company are desirous of purchasing coal, of a suitable quality for the New York Market, to be delivered upon their said road, near the said City of Carbon- dale, and the said Offerman has the right under agreement with John Gibson, of the City of Phila- delphia, to mine and sell the coal contained in certain tracts of land, situate in the Township of Blakeley, near the said Company's said road, said tracts being in the warrantee names of James Rider, Peter Eider and William Ryon, now, for the purpose of serving the mutual interests of the parties in the premises, they have agreed upon the following Articles, viz. : "Ton" defined. Akticle 1. — ^The tou Contemplated in this con- tract shall be deemed and taken to be of the weight of twenty-four hundred and sixty-four (2,464) pounds, the same being the weight of the ton recognized in the practice of the Delaware and Hudson Canal Company, in their own mining operations. Quantity sold. Akticle 2. — The Said Offerman agrees to deliver from the said tracts of land to the said Company, their successors and assigns, one million tons of Quantity to be Anthracite coal, in yearly quantities, as follows: £euvered annu- -^ ^^^ ^^^^ -^ggg^ ^^leve shall be delivered not less than twenty-five thousand, nor over thirty thou- sand tons ; in the year 1860, not less than forty thousand, nor over fifty thousand tons; in the 395 pWeigMng and year 1861, not less than sixty -five thousand, nor over seventy -five thousand tons, and in each year thereafter, not less than ninety thousand, nor over one hundred thousand tons, until the v^^hole quantity delivered shall amount to one million tons, when this contract shall cease. Article 3. — The said coal shall be delivered by said Offerman into the Company's i^ailroad cars, upon the empty track of said Company's railroad, but shall first be passed over chutes, to be erected by said Company at some convenient point or points near the mine openings of said Ojfferman, and shall be vpeighed and inspected at the expense of said Company," by their agents, the vreighing to include the whole contents ofinepeS." the mine-cars, except slate and other impurities, and the standard of inspection, as regards weight, quality and order of delivering, and 'in all other respects to be the same as that recognized at the time being in the practice of the Company in their own, mining operations, such standard and practice to be subject to alteration by said Com-, pany, from time to time, as they may see fit, but in case of change, reasonable notice thereof to be given to said Offerman, to enable him to conform thereto. The said Company also reserving the right to alter the arrangement of the chutes afore- said, or substitute others, as they may deem proper. Article 4. — The said Company ^ree to and J'^^'.^^J^ with said Offerman, his executors, administrators and assigns, to furnish him or them without charge, the railroad cars necessary for the trans- portation of said coal from the chutes aforesaid to the point of delivery upon said Company's rail- road, said Offerman, Ms executors, administrators or assigns being responsible for all damage to such cars wMle so employed, except that result- ing from ordinary wear and tear. 396 8 Rate pc^ ton. AetIcle 5. — Tlie Said Company agree to pay said Offerman, his executors, adminstrators and assigns, for each and every ton so weighed, in- spected, delivered and received, as provided for in Article 2, eighty-tvi'o and one-half (82^^) cents per ton, payable at their office in said City of Carbondale, at their usual monthly settlements, retaining, however, from such payments, such amount as said Gibson, the said owner of the lands aforesaid, may be entitled to receive for mine rents, provided, that if said Gibson, his ex- ecutors, administrators or assigns shall not make claim to said amount, the said Company will pay the same to said Offerman, his executors, admin- istrators or assigns. Article 6. — On or before the first of April of each year, while this contract shall be in force, the said Company agree to fnrnish the party of toTtemTne"'' ^^^ secoud part with a statement of the probable portation sea°^' time iu such year, during which said Company tity to°te'ae-°' ^^^ transport coal over their railroad, and of the liTered daily, proportion lu which they may desire to receive the same, from day to day, during such time, and the said Offerman agrees to conform his daily de- liveries as nearly as possible thereto. The said Company, on its part, agreeing to receive the Contractor not Same with all practicable promptitude. Frovided^ damage ra*°'' howcver, that if either party shall be prevented stdkes'&c, from the delivery or reception of the coal by un- forseen contingencies, such as any action of the Legislature, or Judicial Authorities of Pennsyl- vania interfering with said Company's business, the interruption or derangement of work on said Company's railroad or canal by accidents to the same, or directly or indirectly by strikes of miners, boatmen, or other employees — strikes of laborers, falls or faults in mines, or any other similar causes, not herein enumerated, which are in their nature beyond tlie reasonable control of 397 9 tlie parties hereto — the party defaulting shall not be liable to damage for a failure to deliver or receive, as the case may be, vv^hile such cause shall continue to exist, provided that due diligence shall be used by the defaulting party to prevent or remove the same. AiiTicLE 7. — In the event of its becoming ini-,^™^™^^^^'''' practicable for the said Offerman, his executors, ™f„™^;X'^'J* administrators or assigns to carry out his cove-J^^fi""'"^"' nants hereinbefore stipulated, by reason of the failure of said lands to produce coal, of a quality to meet the standard of inspection, as provided for in the Second Article, so that he is theieby rendered incapable of complying with his engage- ments, said Company may declare this contract of no further force, and said Offerman shall not be liable to damages therefor. Aeticle 8. — ^The said Offerman agrees to pro-Conte^torto^^ cure from said Gibson a mine lease, which in its'j?"^^^^""^^^^- terms and provisions, shall be approved by the«^°"p™y- said Company, and as a guarantee for his faithful performance of this contract, he will assign the same to the said Company, which assignment shall be approved by said Gibson, concurrently with the execution and delivery hereof. Article 9. — In the event of any dispute aris- ing between the parties hereto, under any of the Articles of this contract, the question so in dispute shall be referred to two persons of skill and ex- ^^^4^^1100. perience in reference to the subject matter thereof, one to be chosen by each party, and if said refer- ees cannot agree, they shall choose an umpire, and the decision of such referees or umpire, as the case may be, shall be binding on the parties here- to without further recourse. And for the faithful observance of the several covenants and agreements in the foregoing Arti- 398 10 cles, tlie said Company, for tiemselves and their successors, bind themselves to the said Offerman, his executors, administrators and assigns, and the said Offerman for himself, his executors and ad- ministrators, binds himself to the said Company, In Witness Wheeeof, the said Company have caused their corporate seal to be affixed, accom- panied by the signature of their President, and the said Offerman has hereto set his hand and seal. GEO. TALBOT 0LYPH4NT, Fresident. [seal.] JOHN P. OFFERMAN. In presence of James C. Haett, Richard H. Nodtne, 399 11 This Supplementary Agreement, made and en- tered into by and between John P. Offerman, of the Township of Blakeley, in the County of Lu- zerne, and State of Pennsylvania, party of the first part, and The President, Managers and Com- pany of the Delaware and Hudson Canal Com- pany, party of the second part. Witnesseth, That whereas, by an agreement or JaffontractsJ*' contract in writing, duly executed, dated the thir- teenth day of August, A. D. 1858, made and con- cluded by and between the said above named par- ties, whereby the said above named John P. Offerman, agreed to sell and deliver to the said party of the second part one million of tons of Anthracite coal, to be mined upon lands of John Gibson, in said Township of Blakeley, upon the conditions and stipulations mentioned in said contract ; and whereas, it is by said parties deem- ed mutually advisable to amend, and in some particulars, to change the conditions of said con- tract. Now this Agreement Witnesseth, That the said party of the first part, in consideration of the pre- mises, and in consideration of the covenants and agreements hereinafter mentioned and contained, to be kept and performed by and on the part of the said party of the second part, as well as for and in consideration of the sum of one dollar, to him in hand, paid by the said party of the second part on the execution hereof, covenants and agrees to and with the said party of the second part, that all coal to be delivered as aforesaid, by the said party of the first part, shall be in such pro- ^°p°;tj°y/ portions of the different sizes, viz.: Lump, Steamer, Grate, Egg, Stove and Chestnut, as the Superintendent of the Coal Department of the said party of the second part may, from time to time, order and direct, said Superintendent be- 400 1.2 ing hereby authorized, and having the right by viitae hereof, to require the delivery of the same proportion of the different sizes, as for the time then being may be produced and prepared at their own breakers. Prepared sizes. rJ^Y^^^ ^]][ ^|jg prepared coal, viz. : Grate, Egg, Stove and Chestnat shall be broken with break- ers, and well screened through screens of th6 proper size. All Chestnut coal shall be passed through a square mesh, of at least one inch, and over a square mesh, of not less than one-half an inch. And the sizes of all the prepared coal shall correspond with those made by the said party of the second part, for the time then being, at their own breakers. SSf^breake'^s, Aud the Said party of the first part farther chutes, &c. agrees to build the breakers, and all the necessary chutes, screens, ei";hing of coalT 14 under this agreement stall be weighed in the railroad cars of the said party of the second part, by a person employed by the said party of the second part, upon scales placed in the railroad track of the said party of the second part, at a point convenient for both of the above named parties, and which scales shall be mutually ap- proved by both of said parties. That in weigh- ing said coal, an allowance shall be made, suffi- cient to compensate for ice or snow that may be on the coal cars, and for wet coal, and any num- ber of pounds in the weight of a car of coal, less than one hundred, shall not be counted, and any fractional part of one hundred pounds in the weight of a car, shall be counted as one hundred pounds in deducting the weight of the car. The account of such weight shall be open to the in- spection of both parties. And further, it is hereby mutually agreed and ^inded!"'^^"'" understood by and between the said above named parties, that any part or parts of the aforesaid original agreement to which this is a supplement (bearing date the 13th day of August, A. D. 1858) which are or may be inconsistent herewith, are hereby rescinded and declared to be null and void. Dated the thirty-first day of May, A. D. one thousand eight hundred and sixty. JOHN P. OFFEEMAK Witness, E. W. Weston. THOS. DICKSON, Supt. Coal Dept. Del. & Hud Canal Co. subject to approval of the President of the Company. Appeoved, with the understanding that "Lump" means "Furnace Lump," and "Steamer," "Steam- er Lump," the only designations of those sizes known to this Company. GEO. TALBOT OLYPHANT, President. Provisions of original agree' 403 15 MEMOKANDUM: Now, February 2d, 1865, The Delaware and J°««aB I Reference to of the said County of Luzerne, a certain Lease ?"<>' contracts. authorizing the said Joel Bowkley and John Howarth, Junior, to mine coal and do other things incident to the business of mining of coal on the lands of the said party of the first part, situate in the Borough of Providence, and in the Township of Providence in said County of Luzerne, then in the occupancy of the said party of the first part, for the term of twelve years, from the first day of April, A. D. 1856, which said lease was altered by a certain agreement made and executed by and between the, parties thereto, bearing date on the eleventh day of October, A. D. 1855, both of which said instruments are duly recorded in the office for re- cording of deeds at Wilkesbarre in and for the said county, the first thereof in Deed Book No. 69, page 86, and the second thereof in Deed Book No. 69 page 85, and both of which are hereby made a part of this agreement. And whereas, the said two leases or agree- ments were in connection with two other similar 426 priofc"ontracts, leases or agreements between Ferdinand Von Storcli and the said Joel Eowkley and John How- arth, Junior, assigned and transferred by the said Joel Bowkley and John Howarth, Junior, to the Von Storch Coal Company, by an agreement made and executed the twentieth day of October, A. D. 1856, by their attorney in fact B. F. Sawyer, as by the said agreement duly recorded in the said office at Wilkesbarre, in Deed Book No. 69, page 81 will more fully and at large appear. Now this agreement witnesseth, that the said Theodore Von Storch the party of the first part for and in consideration of the Covenants and Agreements, hereinafter mentioned, to be kept and performed on their behalf by the party of the sec- s°OTcif co/i^™ ^'icl part, as well as for the sum of one dollar unto priOT'contmcts l^™ i" htiud j)aid by the party of the second part, Kaf *""'^' file receipt whereof is hereby acknowledged, doth hereby agree that the said The Von Storch Coal Company may transfer to the said party of the second part all their right, title, interest, franchises, claim and demand, in, to, from, or out of the said above mentioned Leases or Agreements and the premises therein mentioned and described, to be held, used, and occupied by the said The Presi- dent, Managers and (Jompany of the Delaware and Hudson Canal Company, the said party of the second part, their successors and assigns, in as full, complete and perfect a manner as the said The Von Storch Coal Company might or could hold, use and occupy the same, the said party of the second part on their behalf agreeing to do and perform the several stipulations and agreements therein contained to be done and performed by the said Joel Bowkley and John Howarth, Junior, or the said The Von Storch Coal Company except so far as the same are hereinafter altered or amend- ed as follows, to wit : 427 The said party of the first part doth "hereby ^'sm to mine, grant, demise and lease nnto the said party of the second part, their successors and assigns, the right to mine and carry away all the coal lying under the premises in the above mentioned leases speci- fied, being all the merchantable coal in the veins from the Diamond to the Clarh veins inclusive, which can be worked from the shipft sunk by the said The Von Storch Coal Company or other open- ings hereinafter to be provided for, together with five acres of the surface of said premises: three Turfacffe^ased. acres thereof on the East side of the Delaware, Lackawanna and Western Railroad Company's track, and two acres on the West side thereof, the same to adjoin each othei, and to extend the en- tire width of the lot, the division lines to be at right angles to the side lines thereof, the said surface to be used and occupied in any way the said party of the second part may elect in connec- tion with the purposes of the said lease. It being, however, understood and agreed that the present ^ ,TT T 7 , } • ,■ "Wagon road to wagon road, on t'le line between the premises of be kept open, the said party of the first part and Ferdinand Von Storch is always to be kept open for the use of the parties to these presents. The said party of the first part doth also give Mgw. of way J^-' , /»,! ii_'°'' railroads. and grant to the said party of the second part, their successors and assigns, the right of way for a railroad on any part of the said premises west of the said coal shaft, and also the right of way for a lateral railroad from the Lackawanna river to the main line of railroad to be constructed by the said party of the second part, provided, that if such lateral railroad be constructed it shall be located along either the north or south line of said premises. It is, however, expressly understood and agreed that the said Theodore Von Storch re- g,7,'/^°^der serves all the coal under three acres of the said ^<>^^"^^- premises where his farm buildings now stand, the 428 boundaries thereof to be designated by himself. The said party of the second part to have the right to drive gangways, of not exceeding twelve feet in width, through the said coal to enable them to mine and remove other coal, either tinder the said premises or under those of Ferdinand Von Storch. aifitionaf"*' '^^^ ^^^^ party of the first part doth also give and s^ftemd erect grant uuto the Said party of the second part, their successors and assigns, the right to sink another shaft or shafts, or other openings, with the privi- lege of erecting all the buildings, chutes and other necessary constructions for working snch additional shaft or shafts, or other openings at any point west of the east line hereby set aside for the operations at the present shaft, subject to all the rights, privileges and restrictions as far as thereunto applicable in the said Leases contained, provided, h'o°u™?t'obe that no miners' houses shall be erected in connec- erected. ^'^j^ with such additional shaft or shafts, and, pro- Not more than yided, that Dot more than ten acres of the surface ten acres of n -^ ini ■ii i ' omfTed" ""^ ^'- ^^^'^ tract shall be occupied by the said party of the second part for said purpose, and also the same privileges that are now held by the said The Von Storch Coal Company for constructing works near the Lackawanna river. Silaalsto The said party of the first part doth also cove- force°unt?f coa" ^^'^t aod agree that the privileges and agreements, is exhauBted. jjj ^jjg said leases contained, accruing either to the said The Von Storch Coal Company or the said party of the second part not hereby abrogated and the privileges and agreements herein contained shall be and continue not only for the teim or terms mentioned in the said leases, but until all the coal disposed of by this agreement shall have been removed from the premises. And the said Royalties under party of the first part doth hereby relinquish all Cts°?eUn°-°" claim to the rents or royalty reserved from the quished. g^j(j jQg] Bowkley and John Howarth, Junior, or 429 from tlie said Tlie Von Storch Coal Company, re- ceiving in lieu thereof the rent or royalty herein- after reserved from the said party of the second part. And the said party of the second part for and Jime of taking in consideration of the premises, doth hereby agree to and with the said party of the first part, that they will take possession of the said premises on or before the first day of January, A. D. 1860, that they will mine from the same and the adjoin- ing tract belonging to Ferdinand Von Storch (and leased to said parties hereinbefore mentioned, which leases are now assigned to the said party of the second part by agreement bearing even date herewith), during the year A. D. 1860, not less than forty thousand (40,000) tons of coal ; during the year A. D. 1861, not less than fifty thousand SdaLuaiiy. (50,000) tons of coal ; during the year A. D. 1862, not less than sixty thousand (60,000) tons of coal ; during the year A. D. 1863, not less than seventy thousand (70,000) tonsof coal; and duringtheyear A. D. 1864, and every year thereafter not less than eighty thousand (8t),000) tons of coal so long as they may continue to mine on the said premises, and there may be that much coal thereon that can be removed from the same. It being understood that wherever the v/ord " ton " is used in this agreement "Ton" defined. it shall be understood to mean a ton of tw^o thou- sand two hundred and forty pounds of clean coal. The said party of the second part agreeing to pay to the said party of the first part, his executors, administrators, and assigns, for each and every ^ „ , ,. ,'.- ~-, i> 1 Til Onehalf of stip- year for one-haJf the quantity oi coal agreed to beuiated quantity mined from the said two properties during that each year . -'-',-, .1° whether mined year whether the same be actually mined or not. or not. It being understood that the mines shall be so operated, that as nearly as practicable an equal fifyf^^vf^'Sd quantity of coal be removed in each year from p'e^rty In'ea?™" either property, but whether so mined or not, the ^^''- 430 6 payment for the quantity mined shall be equally divided between the said party of the first part equauy^di^ded ^ud the Said Ferdinand Von Storch or their legal dore and F^erdi- representatives. And provided, that the said storcZ"" party of the second part shall have the privilege ( in case they shall have paid for more coal than they have mined in any one year), to mine the same in any subsequent year in addition to the amount required to mined in that year, and that they shall not be required to pay again for such excess, the same having been already paid for. And pro- vided, also, that if the coal so mined, as aforesaid, from the said premises shall prove of a quality unmerciiant- uot marketable, the said party of the second part ab e coal, gjjall be released from all liability to mine all such unmerchantable coal, or if it shall become impracticable to mine the quantity above stipu- lated in any one year by reason of the occurrence Fauitsinmines. Qf gerious faults iu the mines, in that case the liability of the said party of the second part to mine a certain quantity of coal shall be suspended until the fault or faults can be overcome, as pro- vided for in the agreement between the said Von Storch Coal Company and the'party of the second part, bearing even date herewith. qmntitjmay ^^ "^^ ^^^^ agreed, that the said party of the second any oneTea?/"?^'^* ^^.^^ ^^ ^^^^J **^ elect, mine in any one year more deducted from ^*^^i^ thf amouut agreed to be mined in that year, any^'subsTqaent ^^^ if the Said party of the second part shall so ?«»'•• eleat, the amount of such excess may be deducted from the quantity I'equired to be mined in any subsequent year, at their election. And further, it is understood and agreed, that whenever the coal in the said two premises shall have become so far exhausted as to render the mining of eighty thousand tons of coal per annum impracticable, then the said party of the second part shall be at liberty to mine what quantity they can in each year, and pay rent for the quantity they are en- 431 abled to mine and no more. For every ton of clean ^'"^ p^' *'"'• merchantable coal prepared, or otherwise (exclusive of " Chestnut," which is agreed to be such coal as will pass through a mesh one inch square in a re- volving screen and for which no rent or royalty is to be paid), mined on tbe said premises of the said party of the first part, that is to say, for one- half the (^[uantity of coal mined from the two ad- joining properties aforesaid, in each and every month, the said party of the second part agrees to pay to the said party of the first part, or his legal representatives, the sum of eleven cents per ton ; payments to be made monthly, in cash, during the I'ay'"™'*- month next succeeding that in which the coal is mined. It is also agreed, that the standard for mer- Term "mer- 1 11 111 11111 1- 1 chantable" chantable or marketable coal shall be such m each 'i^^^eci. vein (with the same expense of cleaning and mining for the time then being) as that being worked and sent to market by other parties working the same vein within the certified township of Providence.. It is further agreed, that the said party of the Proportion of -, r.i'i,' • 1 different sizes. second part may, at their election, mine and pre- pare all Lump coal, all prepared coal, or any pro- portion of lump or prepared, but, in no case, are they to pay for the Chestnut coal they may mine and prepare as hereinbefore provided. The said party of the second part further agrees |,™i|^ja°'Pea"coai. charges, except the price for hoisting hereinafter mentioned. In consideration of this lease and the sum of one dollar in hand paid to the said C. A. Rey- nolds by the said John Peter Grove, the receipt whereof is hereby acknowledged, the said C. A. Reynolds covenants and agrees to grant, sell and* convey to the said John Peter Grove, his heirs granffio"^ ' di T T • • T J jy J 1 lessee to take assigns, the exclusive right oi way to trans- out coai from port and take out coal mined from the adjoining thronghtnnnei^ lands by means of and through his tunnel or is" s/^^ ^'^™' slope on said premises; and in consideration thereof the said John Peter Grove, his heirs, , 1 ■ • i j_ T ■ J Lessee to re- executors, administrators and assigns, are to pay ceive royalty on to the said C. A. Reynolds, his heirs and assigns,*"* ^°^^^°""' the sum of five cents per gross ton, payable every three months. The said Chauncey A. Reynolds, also, further covenants and agrees with the said John Peter Grove, his heirs and assigns, to hoist through McFarlane's shaft all the said coal thatj;_gggpj,^gj,Q.gj is to .be mined and raised through the same as!;"<""'i«°'i , V ^ o pump water out aforesaid, he also further covenants and agrees to?'™™?^-*"* ' /» 1 • (1 • 1 receive com- pump all the water of the mines of said prem-p^°«g*j*^°'i ises through said McFarlanes shaft as well as hoist all the lime burners coal, and in considera- tion thereof the said John Peter Grove for himself, his heirs, executors, administrators and assigns ; covenants and agrees to pay to the said C. A. Reynolds, his executors, administrators and as- signs, the sum of ten cents for each and every 466 Penalty incase gross ton of coal so hoisted from the first day of April to the first day of December of each year ; and the sum of eight cents per gross ton for each and every gross ton so hoisted, from the first day of December to the first day of April of each year ensuing, and the sum of six cents per gross ton for each ton of lime burners coal so raised or hoisted. And it is also further understood and agreed by and between the parties hereto, and they do hereby make this clause a special and particular part of this agreement, viz : It is agreed that the mining of said annual minimum quantity of this agreement shall commence with the first day of April next, (1861) and that the four quarterly •payments for rents on coal shall commence to inn from that date, and if any of said payments are not paid when due or within thirty days alter Of default in written uotice has been a;iven, demanding the payments. -p ,1 • • ° ,■ , n ° -j same ; or it the minimum quantity, as aforesaid, has not been mined or paid for as provided, this lease shall end and determine and become null and void in law, and all the parties hereto shall be forever released therefrom without paying any damage or damages whatever, except the said J. P. Grrove, his heirs and assigns, shall pay for all coal he or they may have mined and removed from said premises. It is also agreed that said John Peter Grove, his heirs and assigns shall moTC^eSine'sT ^Sivs the right to remove at any and all times Ac^^Spoj. hereafter, either during or at the expiration or fesM^n *^ determination of this lease, all the engine, boilers, machinery pumps, pipes, fixtures, chutes, screens, rails, iron bars, cars, &c., . 1862; and attached to an. as- signment thereof by the said Charles Hutchinson to the said Edward A. Quintard, dated the 9th day of April, A. D. 1864, both being recorded in the Recorders Office for Luzerne County, in the State of Pennsylvania, in Deed Book No. 96, pages 124 &g., and 131 &c., and also the said lease and the remainder of the term therein men- tioned, and all the rights and privileges of the said Edward A. Quintard in and under said lease, and the breaker, roads, rail roads, buildings, fix- tures, machinery, cars and improvements made, erected or being on the lands embraced and de- scribed in said lease or erected and used for and in connection with the colliery on said lands, embraced in the aforesaid lease from Chauncey A. Reynolds of the one part and the said Charles Hutchinson of the other part, and assigned by the said Charles Hutchinson to the said Edward A. Quintard as aforesaid, as fully and for the same estate and interest therein as are vested in the said Edward A. Quintard under and by virtue of the said lease and the assignment and conveyance hereinabove recited. And also all the personal property of every kind and character in the mines on said lands described in said lease, or used in connection with the said colliery inside or outside of said mines, with the appurtenances : To HAVE AND TO HOLD the Said lease and the remainder of said term, and the said rights and privileges and the said breaker, roads, rail roads, buildings, fixtures, machinery, cars, improvements and property, with the appurtenances, unto the said The Union Coal Company, their successors and assigns, to and for the only use and behoof of the said The Union Coal Company, their suc- cessors and assigns; subject only to the perform- ance of the covenants and agreements of the said Charles Hutchinson in said lease contained and the payment of the rents therein reserved as the same fall due and become payable by and under the provisions of the said lease from and after the first day of April, A. D. 1864, and the said The Union Coal Company hereby covenant and agree with the said Edward A. Quintard, his executors and administrators, to well and truly perform the covenants and agreements of the said Charles Hutchinson in said lease contained and to make the payments of rents therein reserved as above 471 3 mentioned, and to keep and hold the said Edward A. Quintard his executors or administrators secure and harmless from all liability thereon or there- for. In Witness Whereof, the said Edward A. Quintard hath hereunto set his hand and seal, and the said The Union Coal Company hath hereunto affixed their corporate seal the day and year herein first above written. [SEAL.] B. A. QUINTAED. [SEAL.] UNION COAL COMPANY. By S. L. Ckoset, Treasurer. 472 473 THIS AGREEMENT, made and concluded the twenty-fifth day of January, A. D. one thou- sand eight hundred and sixty (1860), between William H. Richmond, of the City of Carbon- dale, in the County of Luzerne, and State of Penn- sylvania, party of the first part, and The Peesi- DENT, Managers and Company of the Delawaee AND HtTDSON Canal Company, party of the second part. WITNESSETH, That the said party of the first part, for and in consideration of the covenants and agreements hei'einafter contained, to be kept and performed by the said party of the second part, and also in consideration of the sum of one dollar to him, in hand, paid by the said party of the second part, at and before the execution here- of, the receipt of which is hereby acknowledged, hath granted, bargained and sold, and by these presents doth grant, bargain and sell unto the said party of the second part, their successors and assigns, one hundred thousand tons of the An- Quantity sow. thracite Coal in and upon a certain piece, parcel or tract of land, situate in the Townships of Blakely and Providence, in the County of Luzerne, and State of Pennsylvania, being the same piece, par- cel or tract of land leased by J. W. Johnson and A. Bennett, Jr., to the said William H. Richmond, for the purposes of this contract. And the said party of the first part, also, for the consideration aforesaid, covenants and agrees to and with the said party of the second part, their successors and assigns, to mine and deliver to the said party of the second part, their succes- 474 BOYS and assigns, in the cars of tlie said party of the second part, upon suitable and convenient side tracks, to be furnished by the said party of the second part, upon their railroad in said Township, ddrvej?d daiiy^Hwo hundred tons of said coal on each and every day, as nearly as may be practicable, between the last day of April and the first day of December, and so much, not exceeding one hundred and fifty tons per day, on each and every day between the last day of November and the day that the cars may be stopped upon that part of the road of the said party of the second part, that extends below Carbondale, as the said party of the second part may require (Sundays, and the usual holidays ex- cepted) until the whole of the said one hundred thousand tons of coal, herein bargained and sold, shall be delivered. foeKz™""'*^" -^l-' ^^ ^^^ ^^^d ^'^^^ ^o ^^ delivered, as aforesaid, by the said party of the first part, shall be in such proportions of the" different sizes, viz. : Lump, Grrate, Small Egg, Stove and Chestnut, as the Su- perintendent of the said party of the second part may from time to time order and direct, said Su- perintendent being hereby authorized, and having the right in virtue hereof to require the delivery of the same proportion of the different sizes, as for the time then being may be produced at any of the mines owned or worked by the said party of the second part. pamtlon'* °' ""■" -^^d the Said party of the first part farther covenants and agrees, as aforesaid, that all of said coal shall be free from slate, dirt, and all other impurities, and that it shall be of as good a quali- ty, and be cleaned and prepared in as perfect a manner as any coal which the said party of the second part may, at the time then being, mine, clean and prepare, at any mines by them owned or leased. And that all the coal delivered under 475 this agreement, shall be suject to the inspection inspection, of the Sup'erintendent of the said party of the second part, or such other person as they may employ for that purpose, whose decision as to the quality of that coal, and the manner in which the same is cleaned and prepared, shall be final and conclusive. And that all the prepared coal, viz. : Grate, Small Egg, Stove and Chestnut shall be ^^,T °^'""''"'"^ broken by breakers, and well screened through screens of the proper size ; all Chestnut coal shall be passed through a square mesh of at least one inch, and over a square mesh of not less than one- half inch, and the sizes of all the prepared, shall correspond with those made by the said party of the second part, for the time then being, at their own mines. And that all of the switching and femOTing^of c^s. removing of cars, necessary to be done, from the time they are delivered by the said party of the second part, upon the track prepared for the standing of empty cars, until they are loaded and placed in a proper and convenient position to be taken away, shall be done by and at the expense of the said party of the first part. And that all the breakers and chutes shall be placed at or upon the side of the main track of the railroad of the said party of the second part, and at a sufficient distance only from the same, to leave the neces- sary room for side tracks, to pass cars under the chutes. And the said party of the first part agrees to contractor to build the breakers and all the necessary chutes, &=." screens, &c., also the necessary tracks for deliver- ing said coal at the breakers at his own proper cost and expense. And the said party of the second part, on their part, in consideration of the sale to them of said coal, and of the covenants and agreements herein- before contained, to be kept and performed by 476 the said party of the first part, do covenant and agree to and with the said party of the first part, that they will (the said party of the first part, keeping and observing the covenants and agree- ments hereinbefore contained on his part) deliver upon the side tracks, v^^ith ias much regularity as practicable, cars for the reception of coal. And that they will receive and pay for said coal at the Rate per ton. followiug ratcs, to wit: For every ton of twenty- two hundred and forty (2240) pounds of clean merchantable coal in Lump, eighty (80) cents; Grate, ninety (90) cents; Egg, one dollar and five cents ($1.05); Stove, one dollar and twenty- five cents ($1.25), and Chestnut, fifty (50) cents. Payments. aud payment shall be made between the first and fifteenth days of each month, in cash, for all coal delivered during the preceding month. withouf'^beinr' ^^^ if ^^6 s^id party of the second part so p'a7ed!''tt°''ie''r" elect, they may, during the close of canal naviga- '■'"°- tion, receive the coal without separation of sizes, and in that case the party of the first part agrees to and with the said party of the second part, to deliver in the cars of the said party of the second part, twenty-four hundred and sixty-four (2464) pounds of clean merchantable coal, and which shall be called a ton, and the said party of the second part agrees to pay the party of the first part eighty-two and a half (82i.|) cents, for every such ton of 2464 pounds, as above mentioned. And the said parties hereby mutually agree, each to and with the other, that the coal delivered under this agreement shall be weighed by a person fngofco"at'^°'^''" employed by thesaid party of the second part, upon scales placed in the railroad track of said party of the second part, said scales to be mutually approved by both parties. That in weighing said coal, an allowance shall be made, sufficient to compensate for ice or snow that may be on the coal cars, and 477 for wet coal, and any number of pounds in the weight of a car of coal, less than one hundred, shall not be counted, and any fractional part of a hundred pounds, in the weight of a car, shall be counted as one hundred pounds, in deducting the weight of a car. The account of such weight shall be open to the inspection of both parties. That the said party of the second part shall J^pairihopst&c": be entitled to the use of so much land, free of charge, at as near said colliery as they may desire to use for a repair shop, office, or necessary side tracks and switches, with the right to remove any buildings or improvements erected thereon, at the pleasure of the said party of the second part. That if, in consequence of a general strike among strike, the employees of either of the parties hereto, or of the breaking of machinery or of hindrance, delays or other disabilities in getting said coal to market, which may occur without the connivance, consent or neglect of the respective parties, either of the said parties shall be temporarily prevented from fully performing that part of the foregoing agreement, which relates to the quantity of coal to be delivered and received daily, the deficiency thereby caused shall and may be made up by an increase of the daily deliveries, to the extent of the ability of the said parties to deliver and receive the same, and neither party shall, in consequence of any such temporary failure, arising from any of the above named causes, be considered as having violated this agreement. And the said party of the second part agrees, contractor to that if they desire to make further purchases of ovlr new p^an^es! coal, after the delivery of the one hundred thou- plirchaS:!. "' sand tons mentioned in this agreement, that they will give the party of the first part the preference 478 over any new contractor, provided that the quali- ty of coal is not inferior to that which may be offered, and the price not more per ton. ofTeTiverfr"" Thc dclivcry of coal under this agreement shall commence on the first day of May next ( 1860). WILLIAM H. EICHMONI). TIIOS. DICKSON, l:iu]jt. Coal Dep't, subject to cijyproval of the President of the Delmvare & Huds-ju Canal Co. Witness, B. "W. Westox. App]U)ved, January 27th, 18G0. GEO. TALBOT OLYPHANT, Pi'esidenf. 479 180 481 AGEEEMENT, made the twelftli day of Novem- ber, A. D. one thousand eight hundred and sixty-one, between Heney B. Rockwell, of the Borough of Scranton, in the County of Luzerne and Commonwealth of Pennsylvania, party of the first part, and The President, Mawagees and Company of the Delawaee AND Hudson Canal Company, party of the second part. Whereas, by an agreement, in writing, bearing „ . . , 1 1 n -I ^ PCI 1* -r\ Provisions of date the twentv-tourth day oi beptember, A. D. former agree- one thousand eight bundred and fifty-nine, made and entered into by and between tbe above named parties, whereby the said Henry B. Rockwell, agreed to lease to the said The President, Man- agers and Company of the Delaware and Hudson Canal Company, the coal in certain lands contain- ing two hundred and seventy -five (275) acres, gj^''*"^' °' situate in the Borough and Township of Provi- dence, in said County of Luzerne, upon the terms and conditions therein set forth, and whereby the said The President, Managers and Company of the Delaware and Hudson Canal Company agreed to mine and pay for said coal upon the terms and conditions in said agreement mentioned. And whereas, at the time of making the afore- said agreement, the said party of the first part aiquireaatame had not acquired the fall and perfect title to merT^SlaeSt: all of the lands and privileges therein contem- plated to be leased to the said party of the second 482 part, but among other things agreed to execute and deliver to the said party of the second parta lease of the coal lands and privileges therein mentioned, on or before the first day of January, A. D. one thousand eight hundred and sixty- three, and that until the acquisition of title to the said lands by the said party of the first part he v^^ould keep the said party of the second part in possession of the same for the purposes in said agreement set forth, and in the enjoyment of the privileges therein mentioned. And vphereas, at the time of making the afore- Sitl'"™ "' said agreement the said party of the first part placed in the hands- of Thomas Dickson, Agent for the said party of the second part, fifty thou- sand (50,000) dollars of the bonds of the Nevr- York and Pennsylvania Coal Company, to be held in trust by him for the benefit of the said party of the second part as security for the quiet and peaceful possession and occupation by said Company, of the premises therein mentioned and described until the execution and delivery of said lease by the said party of the first part, vphich said bonds are this day returned by the said Thomas Dickson to the said party of the first part, the receipt thereof being hereby fully acknowledged by the said party of the first part. And whereas, it was further agreed between said parties that if the said party of the first part should so elect, he might at any time within five years from the first day of January, eigh- teen hundred and sixty, increase the amount of „ ,., , lands to be leased under the a2;reement afore- Quantity of • t ^ i i i P n t . • increas^Y''® Said, by the purchase, or otherwise, of adjoining coal lands to any amount not exceeding three hundred acres. The said party of the second part in that case to increase the quantity of coal named in said agreement pro-rata to the increase of the quantity of land : 483 And whereas, it is this day mutually agreed by and between the parties hereto, that the quan- tity of land to be included Id said lease shall be increased by an additional quantity of seventy- five (75) acres upon the terms and conditions in this instrument hereinafter named and set forth, making the aggregate quantity of land to be here- by leased three hundredj and seventy-five (375) acres instead of three hundred (300) as contem- plated in the aforesaid agreement. And whereas, the title to all the lands, rights and privileges hereinafter mentioned and leased or secured, or intended to be leased or secured to ,1 • J J. x* J.1 J i. 1 ■■ 1 Title to lands the said party oi the second part, has since been now declared to and is hereby declared by the said party of the first part, now to be vested in and held by him the said party of the first part in accordance with the stipulations and agreements upon his part as set forth in the aforesaid asrreement. be perfect. o Now, in pursuance of said agreement dated the twenty-fourth day of September, eighteen hun- dred and fifty-nine, and with the intent more fully to set forth the terms, and in some respects to change the conditions thereof, and to fulfill the engagements and agreements then made by the parties to these presents. Art. 1. — This agreement witnesseth, that the Lease of coai said party of the first part as well for and in con- sideration of the covenants and agreements here- inafter mentioned, to be kept and performed by and on the part of the said party of the second part as for and in consideration of the sum of one dollar to him in hand well and truly paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath leased and doth hereby lease unto the said The President, Man- agers and Company of the Delaware and Hudson iU Lot No. 1. Coal Go's lot. Canal Company, their successors and assigns, all tiie coal contained in those several contiguous lots or parcels of land situate in the said Borough and Township of Providence, resjaectively, bound- ed and described as follows, to wit : One of them beginning at the corner of lots number seventeen N. Y. &Penn. (17) and uumber eigrhteen (18) of the certified township or rrovidence" on the W estern shore oi the Lackawanna river; thence along the line be- tween said lots, north fifty-two and one-quarter (524) degrees, west forty-nine and three-quarter (491) rods to a stake and stones corner; thence by lands of Nathaniel Cottrill, and others; north forty-one degrees; east thirty-two and one-half (32|) rods to a stones corner; south fifty-three (53) degrees; east nine and four tenths (9i*o) rods to a corner in Church Street ; and north fifty- three (63) degrees; east nineteen and three- tenths (19io) i"ods to a corner in the Providence and Abington plank road, near the Junction of Church Street with said plank road; thence along said plank road, north forty and one-half (4O2) degrees; west nine and forty-five hundredths (9ioo) rods to a corner opposite " W. W. Win- ton's" House, and north nineteen (19) degrees, west thirty-three (33) rods to the corner of a lot formerly designated as the " William Barrow- man " lot in the center of said plank road ; thence by said William Barrowman's lot, south sixty- nine and one-half (69|) degrees, west thirteen and one-half (13^) rods to a stake, the southern corner of said lot; thence by said William Bar- rowman's lot and a lot designated as ftie Milo Whaling lot, north twenty and one-quarter, (20^) degrees, west nine and nine-tenths (9i^o) rods to the corner of the lot on which the store building of the said Henry B. Eockwell is erected, and north seventy (70) degrees, east thirteen and six- tenths (13io) rods to the center of the Providence and Abington plank road ; thence along the cen- 4^85 ter of said road, Rorth twenty (20) degrees, west four and seven-tentts (4io) rods to tlie northern corner of said store lot ; thence along Brick Street, south seventy (70) degrees, west thirteen and six- tenths rods to the western corner of said lot ; thence crossing Brick Street, north twenty and one-quarter (2O4) degrees, west one and two- tenths (lio) rods to the line of land now or formerly Wm. II. Crandall's; thence by said land, south seventy (70) degrees; west tAvelve and eight-tenths (IS^o) rods to a stake, and north twenty-two and one-quarter (224) degrees, west nineteen and two-tenths (l9io) rods to the line of Ebenezer Leach's land; thence by said land, south seventy-two and one half (72^) degrees, west four and nine-tenths (4io) rods to a stake and stones in an oak stump (an old corner), and north fifty-two and one-half (52a) degrees, west seventy and six-tenths (70io) rods to a stake and stones in the line of land of the ,Cayuga and Susquehanna Railroad Company; thence by said land, south thirty-seven and one- half .(37a) degrees, west sixty-two and nine-tenths (62io) rods to the line between lots number seventeen (17) and number eighteen of the certi- fied township of Providence aforesaid, thence by said lot number eighteen (18), north fifty-two and one-quarter (52^) degrees, west four hundred and sixty-two rods to a stones corner in the certi- fied town line; thence by said town line, south thirty-eight (38) degrees, west twenty-six (26) rods to a stones corner; thence by lands of Ferdi- nand Von Storch, south fifty-two and one-quarter (524) degrees, east six hundred and forty-nine (649) rods to the western shore of the Lacka- wanna river; and thence along said shore, up said river, the several courses and distances thereof, being about twenty-six (26) rods to the place of beginning. 486 6 Excepting and reseij'ving therefrom all that lot ranreyed^to'A. convejed by Leopold Von Storch and wife to wiiiiains. Abraham Williams by Deed recorded in the office for recording Deeds, &c. in and for the County of Luzerne, in Deed Book No. 42, Page 679, which lot is bounded as follows : Beginning at the corner of lots number seventeen (17) and number eighteen (18) of the certified Township of Providence aforesaid, on the Western shore of the Lackawanna River, thence by said lot number eighteen (18) North fifty -tAvo and one-qnarter (52M) degrees, West twenty-four and two-tenths (24t5-) rods to a corner (a stone with a X cut in it underground) in the Turnpike road, thence along said Turnpike road near the Eastern side thereof, South twenty- eight (28) degrees, West nine and one-half (93^) rods to a stake, thence by lands formerly belonging to the New York and Pennsylvania Coal Company South fifty-two (52) degrees, East eight and one- half (8k) rods to a stake, south nineteen and three-quarter (19|) degrees, east five and four- tenths (5,o) rods to a stake, and south forty-eight and one-half (483'3) degrees, east seven (f) rods to the western shore of the Lackawanna river, and thence along said shore, up said river, the several courses and distances thereof to the place of beginning. Exce tin Von -^^^o, exceptiug aud Tescrving therefrom the Ground ^"^'"^ family burying ground of the Von Storch family, being seven (7) rods in front on aforesaid turn- pike, from Providence to Hyde Park and bounded on the' north-east by a line parallel with the line between lots number seventeen (17) and number eighteen (18) aforesaid (s. 52^° e.), bounded on the south-east by the Lackawanna river, and on the south-west by land of Ferdinand Von Storch. Also, excepting and reserving therefrom the lot conveyed by Hoyt and others to Delia Slocum, by deed, recorded in Luzerne County, in lepfing I ilot. Excepting Slo- cum ; 487 Deed Book, No. 50, Page 292, containing a front of four (4) rods, soutt-eastward on the Turnpike from Providence to Hyde Park, and l)eing four (4) rods in rear, bounded on tke nortk-east by the line between lot number seventeen (17) and lot number eighteen (18) aforesaid, and on the south-vpest by a line parallel with said last mentioned line and four rods from it said lot so reserved being ten (10) rods deep from said Turnpike road. Also, excepting and reserving to the Delaware, Lackawanna and Western Railroad Company, & w. e. I. iot their successors, representatives and assigns, the piece of land described as follows for the pur- poses of the Railroad Company aforesaid, bound- ed southerly by land of F. Von Storch, and northerly by land late of H. M. Fuller, (de- ceased) being a strip of land about ninety (90) perches in length and six (6) perches in width with the usual privileges therewith connected. Also, excepting and reserving therefrom that ghaiinotunder- the party of the second part shall not undermine ™i°e twenty ' twenty (20) acres of surface included within aforesaid general boundary line, to the danger or detriment of said surface, or of the buildings now erected or that may hereafter be erected thereon, which twenty (20) acres of surface is bounded as follows : — Beginning at a stones corner of Nathaniel Cottrill's land; thence fStcres."* by said land, south fifty-three (53) degrees, east nine and four-tenths (9io) rods to a corner in Church Street, aforesaid ; thence along said street, north fifty-three degrees, east nineteen and three-tenths (19]o) rods to a corner in the Providence and Abington plank road, near the junction of Church Street with said plank road, thence along said plank road north forty' and one-half (40|) degrees, 488 west nine and forty-five hundredths (9i^o) rods to a corner opposite W. W. Winton's House, and north nineteen (19) degrees, west thirty-three (33) rods to the corner of the lot formerly designated as the William Barrowman lot, in the center of said plank road; thence by said William Barrowman lot, south sixty-nine and one-half (691) degrees, west thirteen and one- half (ISg) rods to the southern corner of said lot, thence by said lot, the Milo Whaling lot and the store lot now occupied by the said Henry B. Rockwell, north twenty and one-quarter (201) degrees, west twelve and one-half (12|) rods to the south-eastern line of Brick Street; thence along said line of Brick Street, south seventy (70) degrees, west forty-two and six-tenths (42io) rods; thence at right angles from said line of Brick Street, south twenty (20) degrees, east seventy-one and six-tenths (7lio) rods to an inter- section with an extension of Nathaniel Cottrill's line, bearing south forty-one (41) degrees, west from the place of beginning, and thence along said line so extended and by land of the said N. Cottrill, passing Presbyterian Church lot and the lot belonging to the estate of Joseph Barlow, north forty-one (41) degrees, east forty and two- tenths (40io) I'ods to the place of beginning con- taining twenty (20) acres, as aforesaid, compris- ing that part of lot number seventeen (Iv) of the certified township of Providence, aforesaid, which formerly belonged to the New York and Penn- sylvania Coal Company, which contains after de- ducting the aforesaid reservations one hundred (100) acres and one hundred and forty-four (144) perches, and the W. W. Winton lot situate on both sides of Brick Street, containing fifty-six (56) acres and ninety-two (92) perches. Lot No. 2. Another of them beginning at a post and stones corner of the land hereinbefore described in the 4^89 9 line of land of the Cayuga and Susquehanna Rail- road Company; thence by said land of the Cay- uga and Susquehanna Railroad Company, north twenty-seven and one-half (273) degrees, east forty-six and six-tenths (46io) rods to a stake (formerly a dead hemlock corner) ; thence by land of the estate of Peter Campbell, south fifty-two and onp-quarter (52^) degrees, east twenty-six rods t®; a stake, and north thirty-seven (37) degrees, east two and three-tenths (2io) rods to a corner in the Providence and Abington plank road; thence along said plank road south forty- six and one-half (46|) degrees, east nineteen and three-quarters (191) rods to a stake in said road near the eastern side thereof; thence by land of Ebenezer Leach, south sixty-six degrees, west fourteen and six-tenths (14]o) rods to a stake and south twenty-two and one-half (22|) degrees, east forty-five (45) rods to the line of W. H. Crandall's land; thence by said line and a continuation thereof, south seventy-two and one-half (722) de- grees, west thirteen and one-half (131) rods to a stake and stones in an oak stump (formerly an oak corner) ; and thence by land hereinbefore described, north fifty-two and one-half (521) degrees, west seventy and six-tenths (70io) rods to the place of beginning, containing fifteen (15) acres and one hundred and, nineteen perches. Together with the privilege to sink one shaft ^^^^H ^^ or slope from the surface at any point, south of °'^ si°pe- the creek crossing the said described premises as it now runs, deemed most convenient by the said party of the second part, their agents, engineers, successors or assigns, for the mining of the coal upon or under said land with the right of ingress to and egress from said shaft, drift or slope, to mine and carry away said coal by railroad or other fixture, device or way reasonable and proper for the purposes required. 490 10 unde??"fc?e8! Excepting and reserving to the said party of the first part, his heirs and assigns, out of the land hereinbefore desci-ibed, the coal under seven- teen (17) acres adjoining the south-eastern line of the Cayuga and Susquehanna Railroad Com- pany's lot to be located in such form as may be mutually agreed upon between the said party of the second part and the Delaware, Lackawanna and Western Railroad Company, or in default of such agreement between the alDove named par- ties, then to be located as follows: to be bounded Boundaries. ^^ ^-^^ uorth-west by the south-eastern line of the Cayuga and Susquehanna Railroad Company's lot, on the south-west by aforesaid lot number seventeen ( 17 ) on the south-east by a line parallel with said south-east line of the Cayuga and Sus- quehanna Railroad Company, and on the north-east by the north-east line of the Ebenezer Leach lot. Lot No. 3. Another of them beginning at the common corner storcrMfiiTot^of land of thfe estate of Judson Clark and the H. C Tillage lots, &c. jjei-jj^aj^'g property, and land of the estate of Peter Campbell, which corner is in Leggett's creek, thence by land of the estate of Peter Campbell ; south thir- ty-seven (37) degrees, west thirty-nine and seven- tenths (39tV) rods to a corner of land hereinbefore described in the Providence and Abington plank road, thence along said plank road, south forty-six and one half (46g) degrees, east eleven (11) rods to opposite the corner of P. McGeril's building lot ; thence by said building lot, north fifty-four degrees, east four and three-tenths rods to the northern cor- ner thereof; thence south forty-six degrees, east twenty (20) rods to a corner of R. Shield's building lot, thence by land of Ebenezer Leach, south fifty- eight and a half (58ii) degrees, east eighteen and one tenth (18tV) rods to a corner in Leggett's creek, at the mouth of Leach's creek; thence down Leg- gett's creek along the centre thereof, south fourteen degrees, east thirteen and seven tenths (13^) rods 491 11 to the line of tlie Von StorcL mill lot; thence by land of the said Ebenezer Leach and others, north eighty-nine and one-half (891) degrees, west three and one-tenth (3iV) rods to a double butternut corner, south fifty two and one half (S^g) degrees, west five and nine-tenths (oA) rods to a chestnut stump, south forty-five and one half degrees, east ten and four tenths (10t%) rods to a hemlock corner, south thirty -three (33) degrees, east five and three-quarter (5^) rods to a chestnut corner, south forty-nine degrees, east three and eight tenths (St^tt) rods to a pine stump, south seventy five and three quarters (75m) degrees, east nine and four tenths (9t\) rods to a chestnut stump, south eighty six (86) degrees, east seven (7) rods to a chestnut tree, north sixty nine and three quarter (69^) degrees, east fifteen and two tenths (ISinr) rods to a chestnut tree on a high bank near the Von Storch mill pond, south twenty (20) degrees, east one and one half (IJ2) rods to the centre of a private road leading from the Providence and Abington plank road to the Von Storch Saw Mill ; thence along the center of said road, south seventy (70) degrees, west forty one and one half (ilH) rods to the center of said plank road; thence along the center of said plank road, south twenty (20) degrees, east seven and one half (7i^) rods to the corner of land now, or late, W. W. Winton's ; thence by said land, north seventy (70) degrees ; east forty one and one half (4:1%) rods to a stake corner and south twenty (20) degrees, east three and three tenths rods to a stake; thence by said land and land of E. Esta- brook, and others, south fifty two and one half (52m) degrees, east sixty eight and four tenths (68^) rods to the corner of land of B. Tripp and others ; thence by land of B. Tripp, north thirty seven and one half (37j^) degrees, east thirty- seven and six tenths (37A) rods to a stake, south fifty two and one quarter (523^) degrees, east 492 12 forty six and two tenths (46tV) rods to tte cor- ner of Mrs. S. A. Steel's village lots, south seven and one quarter (7M) degrees, cast twenty one (21) rods to a Hickory corner, and south seventy seven (77 ) degrees, west twenty two rods to a chestnut on the south western shore of the Lack- awanna river; thence south thirteen (13) degrees east to the center of the Lackawanna river; thence along the middle of said river, wp the stream the several courses and distances thereof to the corner of land conveyed by H. C. Herman and wife to the said H. B. Rockwell as herein- after described, thence by said land north forty nine and one half (49i^) degrees, west twenty five and eight-tenths (25tV) rods to a hickory corner, north thirty nine (39) degrees, west sixty nine and three tenths (69to) rods to a butternut corner, north thirty eight (38) degrees, west eighteen and one tenth (18to ) rods to a stake on the western side of the Carbondale and Provi- dence plank road, south fifty eight (58) degrees, west two and eight tenths (2A) rods to another stake on the western side of said road, north thirty two and one quarter (32)4) degrees, west eighteen (18) rods to a stake, south fifty eight degrees, west twenty (20) rods to a stake, north fifty one and one half (^51^2) degrees, west fifty three and three quarters {5?>-U) rods to a stones corner, south thirty eight (38) degrees, west six and ninety five one hundredths (6tW) rods to a stake and north fifty five and one quarter ( 5oU) degrees, west one hundred and seventy eight and three quarters (1785'4-) rods to the place of begin- ning, which description includes share nuniber two (2) in the partition of real estate of Henry Hermans, deceased containing one hundred and seven (107) acres and forty six (46) perches. The Von Storch mill lot containing five (5) acres and one hundred and three (103) perches and village lots between said mill lot and the provi- 493 13 deuce and Abington plank road, containing one acre and one hundred and fifty -one (151) perches, containing collectively one hundred and fourteen (114) acres and one hundred and forty (140) perches. Reserving Coal Excepting and hereby reserving to said party Eockweirs*"'^' of the first part, that the coal shall not he mined ^°''°''- from under one acre of tlie parcel of land last de- scribed, said one acre to be located by the said party of the first part and to include the plot of ground on which the said party of the first part is now erecting a brick dwelling hoase. The said party of the second part to have the right, without liability for damage, to excavate and occupy one jiay occupy gangway or mine road not exceeding sixteen feet °^^ Gangway. in width for each vein of workable coal below and including the diamond vein passing under- neath the surface of said one acre of land in such directions and at such points as they may desire, but not directly under the aforesaid dwelling house. And another of them : — Beginning at a post ^°' ^°' *' and stones, the common corner of the hereinafter described land, and land of the estate of Judson Clark, deceased, thence by land of Willard Parker south fifty-five (55) degrees and twenty-four (24) minutes, east two hundred and fifty-five and three- quarters (2551) rods to a pine stump, and south seventy-seven (77) degrees and fifty (50) minutes, east ninety and one-half (90^) rods to the middle of the Lackawanna river, at the bridge crossing said river near the " Capouse Works," thence down said river, along the centre thereof its several courses and distances to an intersection with a line bearing south forty-nine and one-half (49|) degrees, east from a hickory corner in the line of the lot of land last hereinbefore described, thence along said line and by said last described land north forty-nine and one-half (49^) degrees west twenty- 4,94 14 five and eight-tenths (25io) rods to said hickory corner, north thirty-nine (39) degrees west sixty- nine and three-tenths (69]o) rods to a butternut corner, north thiity-eight (38) degrees west eighteen and one-tenth (ISjo) rods to a stake on the north-western side of the Carbondale and Providence Plank Road, south fifty-eight ( 58) degrees, west along the north-western side of said Plank Road two and eight-tenths (2io) rods, to a stake, north thirty-two and one-quarter (324) degrees, west eighteen (18) rods to a stake, south fifty-eight (58) degrees, west twenty (20) rods to a stake, north fifty-one and one-half (5 1|) degrees, west fifty-three and three-quarter (531) rods to a stones corner, south thirty-eight (38) degrees, west six and ninety-five one-hundredths {61^) rods to a stones corner, and north fifty-five and one-quarter (554) degrees, west one hundred and seventy-eight and three-quarters (178|) rods to a cornel' in Leggett's Creek, and thence by land of the Estate of Judson Clark, deceased, aforesaid, north thirty-five ( 35 ) degrees, east forty-one ( 41 ) rods to the place of beginning, comprising the Henry C. Herman's property, and containing one hundred and seven (107) acres and twentji'-two and six-tenth (22io) perches. Excepting 2^ Exccptiug out of the said last above described parcel oi land, one piece or parcel, begmnmg at a point on the west side of the highway, twenty (20) feet from the corner of the store house, and between the Henry Herman's mansion house and the store house, thonce pursuing a line in a wester- ly direction at right angles with the said highway three (3) perches, thence at right angles with said last line and parallel with said highway three (3) perches to a corner, thence north forty- two and one-half (42|) degrees, west twenty ( 20) perches to a coiner, thence north thirty-four (34) degrees, east nine and eight-tenths (9io) 495 15 perclies to the private road on the north side of said lot, thence south along said private road by its various courses to the public road aforesaid, thence south along said road fifty-seven and one- half (57g) degrees, west twenty-seven and two- tenths (27i^o) perches, to the place of beginning, containing two and one half {2H) acres, it being the reservation made in the last will and testa- ment of Henry Herman's, deceased, and as desig- nated by the appraisers of real estate provided for in said will. Another piece or parcel of land being theHemaSBury- Henry Herman's family burying ground and (le- '°s Ground, scribed as follows : Beginning at a point on the east side of the public highway, aforesaid, at a point on the east side of where the old Cider House stood ; thence along the said highway, north five (5) rods; thence east at right angles with said highway seventy (70) feet; thence south in a line parallel with said highway five (5) rods to a comer; thence westerly at right angles seventy (70) feet to the place of begin- ning, and embracing the graves now made in the same and as the said land is now enclosed. The said Henry C. Herman's lot, containing exclusive of the two parcels of land above reserved, one hundred and four (104) acres and eighty-one (81) perches. The several parcels of land here- inbefore described and upon which the coal is hereby leased comprising the lots and quanti- ties as follows : The New York and Pennsylvania Coal Com- pany Von Storch lot, after deducting reservations contains one hundred (100) acres and one hundred and forty-four (144) perches; "W. W. Winton's lot contains fifty-six (56) acres and ninety-two (92) perches; Ebenezer Leach's lot fifteen (15) acres and one hundred and nineteen (119) perches; Von . Eight of way. 16 Storch mill lot contains five acres and one hun- dred and three (103) perches; New York and Pennsylvania Coal Company's store lot contains sixty -four (64) perches; village lots between store andrnill lot contains one acre and one hundred and fifty (150) perches; New York and Pennsyl- vania Coal Company's lot adjoining the H. C. Herman's lot, after deducting one acre for Eock- well's house lot, contains one hundred and six (106) acres and forty-six (46) perches; H. C. Her- man's lot, after deducting the Herman's mansion lot and family burying ground contains one hun- dred and four (104) acres and eighty-one (81) perches ; containing of the coal lands hereby leased (after deducting the seventeen (17) acres herein- before mentioned and reserved adjoining south- east of the Cayuga and Susquehanna Railroad Company's lands and all other reservations) an aggregate quantity of three hundred and seventy- five (375) acres. Aet. 2. — ^Together with the right to enter upon and into said lands, and to dig, mine and remove said coal. The coal in the above described- lands being supposed to be contained in the veins known as the " Diamond," " Fourteen Foot," and " Clark " veins, and this agreement is, in any case, intended to cover all the coal contained in said lands that shall be considered as workable and merchantable — the term merchantable being here- inafter defined. Arx. 3. — And the said party of the first part, further, hereby leases and grants to the said party of the second part, their successors and assigns, without charge, the right of way for all railroads, turnouts, switches, slopes, tunnels, mine roads, ditches and drains, they may find it necessary to construct across or iipon said tracts of land. 497 17 Also tlie use of land for digging all air shafts, or shafts or slopes for raising the said coal, with bSidings^pa'" the right to dig the same, and also the use of all *'"''^^' *''• the land they may necessarily require for the pur- . pose of erecting repair shops, breakers, chutes, miners' houses and any other buildings they may require for the prosecution of their business, to- gether with lands for dumping and piling grounds for coal, culm and all other appui-ten- ances they may require for mining, receiving, removing, cleaning, screening, dumping, storing, preparing and forwarding the coal to be mined under this agreement; also five (5) acres of sur- face for pasturing mules, to be located on the north side of Leggett's Creek, upon the land here- inbefore described. Aet. 4. — ^The said party of the second part shall not be held accountable or liable for any Nottobeheid damage that may be done to the surface of said a|e to surface. lands by the mining of said coal, except such parts of the surface as were covered by build- ings on the twenty -fourth day of September, A. D. one thousand eight hundred and fifty-nine and such part of the surface as is known as the *'Ebenezer Leach lot," containing fifteen (15) acres and one hundred and nineteen (119) per- ches, and the twenty (20) acres of surface herein- before mentioned being part of the W. W. Win- ton lot. It being understood that in cases where the safety of any buildings would be endangered by mining the coal underneath them, the said party of the second part shall only be required to take out such portions of the coal as may be safely taken without damage to the buildings or to the surfaca 498 18 Aet. 5. — And tie said part}' of the .second paii (loth hereby promise and agree to mine from said ?o"be"min'ri""' lands, in the year one thousand eight hundred each year. .^^^ sixty, uot less than forty-two thousand (42,000) tons; in the year one thousand eight hundred and sixty-one (1861), not less than sixty thousand (60,000) tons; in the year one thousand eight hundred and sixty-two not less than seventy -five thousand (75,000) tons; in the' year one thousand eight hundred and sixty-three (1863) not less than one hundred thousand (100,000) tons; in the year one thousand ei'ght hundred and sixty-four (1864) not less than one hundred and seventeen thousand five hundred (117,500) tons; in the year one thousand eight himdred and sixty-five not less than one hundred and thirty-five thousand (135,000) tons; in the year one thousand eight hundred and sixty-six not less than one hundred and thirty-seven thousand fi^»e hundred (137,500) tons; in the year one thou- sand eight hundred and sixty-seven not less than one hundred and forty thousand (140,000) tons, and one hundred and fifty thousand (150,000) Payments for tous iu each and every year thereafter. It beins: quantity mini'd. i . i t t • i n t -i unaerstood that the said party of the second part is to pay for the whole quantity so to be mined in each year, whether the same shall be actually taken out in such year or not : Provided, however, that the said party of the second pai't shall have the privilege of taking out, without charge, at any time thereafter, a quantity of coal equal in amount to the deficiency which may have occurred in any previous year or years. S>rc2""'' -AiyJ^- 6.— And it is further agreed that if the coal in any of the veins shall not prove to be of a merchantable quality, or if it becomes imprac- ticable to mine the same in consequence of extra- ordinary expense in mining and cleaning said coal or if the vein should prove to be of such quality 499 19 and thickness that the coal cannot be mined and prepared fo^- market without greater expense than is bestowed upon coal taken from veins at the same depth from the surface worked by other parties in the said township of Providence, then the liability of the said party of the second part to mine, take out and pay for said coal shall cease, so far as said unmerchantable coal shall extend; and so far as it shall be impracticable to mine, said coal on account of the extraordinary expen- ses as hereinbefore set forth. Art. 7. — And it is further understood and agreed that in case the quantity of coal mined and Si'piiiaSuan- taken out in any one year shall fall below the 'hantabie' "'"^' quantity agreed to be taken out in such year in consequence of the unmerchantable quality of the coal in any of the veins, or in consequence of in- creased expense and difficulty in mining and clean- ing the said coal, as hereinbefore recited, or in case the said lands shall become so far exhaustejd as to render it impracticable to mine the stipulated quantity in any one year, then, in either case, the said Delaware and Hudson Canal Company, party of the second part, are only to pay for the quan- tity of coal that can be safely and economically taken out. And the said party of the second R^'^po'-t™- part agree to pay for the coal mined and taken out in pursuance of this agreement at the rate of twelve ( 1 2 ^ cents for every ton of two thousand ' two hundred and forty (2,240) pounds of clean merchantable coal, exclusive of chestnut coal or any coal that will pass through a mesh of one whereto be inch square (for which no rent is to be paid), p^'"'- whatever vein the same may be taken from. Pay- ment to be made monthly, in cash, to the said party of the first part, his heirs or assigns, at the office of the said party of the second part, in the City of New York. The payments for the coal to be mined under this contract, for each year, to 500 20 be divided into twelve (12) equal monthly pay- ments. And any excess that may be mined in any one year over and above the quantity herein- before stipulated to be mined in that year shall be paid for at the end of such year. Provided, however, that if, in any year, the said party of the wftlratbdng second part shall elect to receive the coal, or any pared" a't^es?"' part thereof, and weigh it as it comes from the ''''*^" mines in mine cars, without it being screened or broken and prepared, they shall have the right to receive it in that way, and the mine rent on the coal so received and weighed in the mine cars shall be nine (9) cents for every ton of two thou- sand four hundred and sixty-four (2,464) pounds, instead of twelve (12) cents for two thousand two hundred and forty (2,240 ) pounds, as hereinbefore stipulated. Said rent to he paid monthly, in cash, at the office of the said party of the second part, in the City of New York, in the manner aforesaid. Akx. 8. — And the said party of the second part hereby agree that if they shall elect, as afore- said, to receive the coal as it comes from the mines Minimum quan- in the mine cars, without its being: broken and tity of coalmay i ,1 j • xi j. Ti • • be increased, prepared, then and m that case, the minimum quantity to be taken out and paid for in such year shall be increased upon the amount taken and weighed in mine cars thirty-three and one- third (33I3) per cent, over the quantity hereinbe- fore stipulated as the minimum for such year. Akt. 9. — And it is further agreed that the said party of the second part shall erect scales in their Scales to be raili'oad track, at some convenient point near the wligbedi"^"™^ mines, which scales shall be mutually approved, and shall weigh all the coal as it is delivered or sent away in the railroad cars of the said party of the second part ; and shall keep a book of the weight of coal so weighed and sent away, which 501 21 sliall, at all times, be subject to the inspection of the said party of the first part, his heirs and as- signs when called for. Aet. 10. — And in case the said party of the coaimpiieto second part shall elect to mine coal under this ^^ ''^*""*^'' • agreement at any time when their railroad is not in operation, or in case they shall at any time mine the coal faster than they are prepared to transport it over their railroad, and if such coal cannot be conveniently weighed as it is mined, then the quantity of coal so mined, or stored, or piled, shall be carefully estimated and paid for in monthly payments according to such estimates; and whenever such coal is taken aAvay, it shall all, including the culm made by handling, be care- fully weighed, and any error of excess or deficiency in said estimate shall be corrected and settled. ' , Aet. 11. — And it is further understood and q^P^^y'^may agreed that if the said party of the second part be increased. elect to do so they may increase the quantity be- yond that stipulated to be mined in any one year, and, at their option, may diminish the quantity for any succeeding year or years by an amount corre- sponding with such increase, provided that in no case shall the quantity mined be less in the ag- gregate than is hereinbefore stipulated. Aet. 12. — And it is further understood and Notice of fault agreed that in the event of a "fault" occurring in "^y be given, the said mines or in any of the veins of coal to be worked under this agreement, the said party of the second part may give notice of such "fault" to said party of the first part, his heirs or assigns, when he the said party of the first part, his heirs or assigns may elect either to abandon that portion of the work or vein in which the said fault occurs, or to direct the said party of the second part to drive through the said fault, paying to said party of 502 22 the second part, all the expenses necessarily incurred in so doing, over and above the sum of five hundred dollars ($500), it being under- stood that the said party of the second part are to pay the whole cost of driving through or removing any such fault where such cost does not exceed five hundred dollars ($500). Pro- vided, however, that the said party of the second part shall not be required by said party of the first part, his heirs or assigns, to drive through or remove any such fault against the judgment and advice of the Mining Engineer of the said party of the second part, except on the following con- ditions : Concerning re- moval of fault. Merchantable coal defined. The said party of the first part, his heirs or assigns, may make request, in writing, to have said party of the second part drive through or remove such faults in opposition to the advice of said Mining Engineer of the said party of the second part, when the said party of the second part shall proceed in the work of endeavoring to remove such fault, and shall continue until said party of the first part shall decide to abandon said woi-k, when, if the fault be not overcome, the said party of the first part, his heirs or assigns, shall pay the said party of the second part the whole cost of prosecuting said work. It is further mutually understood and agreed that the term "Merchantable Coal" shall be un- derstood and defined as follows, to wit: — The coal to be in quality as good as the average of the coal taken from the same veins and sent to market by other parties mining and shipping coal in the aforesaid township of Providence. Bubmittedto''® In case of any dispute arising under any of the arbitration. provislous of this agreement, between the parties, 503 Payment of 23 the matter in dispute shall be refen-ed to three disinterested parties, one to be chosen by each of the parties interested, and the person so chosen to choose a third, and the decision of a majority of said referees shall be final and conclusive as to the matter in dispute. The said parties hereto respectively covenant and agree to, and with each other, to pay all dam- dZ?!" ages which may occur to either party by reason of neglect or refusal of the party of the other part to carry out and fulfill the terms of this agreement, and do hold and acknowledge them- selves to be respectively bound thereto in the penalty of fifty thousand dollars ($50,000) as liquidated damages. And it is further mutually agreed by and be- tween the parties hereto, that if the said party of the first part shall at any time before the first inN.T. &Penn. day of January, one thousand eight hundred and sixty-six (1866) so elect, he may retain all the coal in that part of the land hereby leased known as the " New York and Pennsylvania Goal Com- pany's Von Storch Lot" lying north-west of an extension, south-westward of the north-western line of the land known as the " Cayuga and Sus-' quehanna Railroad Company's lot," and in case he should elect to retain the same, an estimate shall be made by three disinterested persons, to be mutually chosen by the parties hereto, of the number of acres of said land so retained by the said party of the first part, which shall contain the said '' fourteen foot" and "Clark" veins, and the average number of acres containing said two veins shall be considered as being deducted from the quantity of coal lands hereby leased to the said party of the second part, and the annual min- imum quantity of coal to be mined by them un- der this agreement shall be reduced in ratio pro- 504 Excess of chestnut coal. 24 portioned to the whole quantity of coal land hereby leased to the whole quantity of coal to be annually mined by them, as hereinbefore stipu- lated. And it is further hereby mutually agreed by and between the said parties that in case the quantity of chestnut coal, or any coal that will pass through a mesh one inch square, and over a mesh of not less than half an inch square, made and prepared under this agreement ]')y said party of the second part, shall exceed twenty -five (25) per cent, of the whole quantity, including such chestnut coal, then the said party of the second part agree to pay to the said party of the first part, twelve (12) cents per ton for such excess of chestnut coal, in the manner hereinbefore pro- vided. tod!'fc^^°^ -^iid it is further agreed and understood that the party of the second part, their successors and assigns, may use and occupy ■ all the rights and privileges hereby granted, and the openings, buildings, fixtures and appurtenances made and constructed by them for the mining, preparing and forwarding coal under this contract ; for the mining, preparing and forwarding coal from any adjoining or contiguous land, until all the lands that they desire to take coal from and that can be mined and taken out through said openings, shafts and slopes shall be exhausted. Excepting, however, that when the lands named in this con- tract shall have been worked out and exhausted, that the five (5) acres granted for pasturing mules, and lan'ds or lots that may be occupied by miners' houses, shall revert to the said party of the first part, his heirs, executors, administrators or assigns. And that the culm made in cleaning. Culm not to be assortiug and preparing coal, and coal that shall faS"°^ °" 1^e mined, cleaned or prepared after the premises Five acres for pasture. 505 25 elniilcl or hereby leased are exhausted, shall not be deposited on or upon the lands of the party of the first part. And it is further agreed and understood that the party of the second part, their successors and Mayr assigns, shall have the right to rebuild, recon- ™™o^°' struct, or remove any or all of their buildings, fixtures, machinery, appurtenances and improve- ments during the continuance of this agreement, and until all the coal in the adjoining and contig- uous lands that can be worked from their open- ings, slopes or shafts shall have been worked out. The removal of buildings, machinery, fixtures and appurtenances to be made within reasonable time after the lands shall have been exhausted. It is further agreed that the party of the first '^'"'"''" part shall pay all taxes on lands hereby leased, and the party of the second part all taxes upon their buildings and improvements. And it is further agreed that if the said party Reservation at of the second part desire to build houses for hoiS™'^ their miners or laborers they shall be built at such points on the surface of the lands hereby leased as the said party of the first part shall designate. In witness whereof, the said party of the first part has hereunto set his hand and seal, and the said party of the second part have caused their corporate seal to be hereunto affixed attested by the signatures of their President and Treasurer the day and year fiist above written. [seal.] HENEY B. ROCKWELL. Witness as to signature of Henry B. Rockwell: Heney C. Rogers, Thos. Dickson, [d. &Ta CO.] GEO. TALBOT OLYPHANT, Attest, I. N. SEYMOUR, Trem'i: 506 507 508 509 MEMORANDUM OF AGREEMENT, made and concluded this sixteenth day of January, A. A. D. one thousand eight hundred and sixty- three, between William Jessup, of Montrose, State of Pennsylvania, party of the first part, and The Peesidewt Makagees and Company of THE Delawaee and Hudson Canal Company, party of the second part. WITNESSETH : that the said party of the first part, for himself, his heirs, executors, administra- tors and assigns, as well for and in considera- tion of the covenants and asjreements hereinafter mentioned, to he kept and performed by and on the part of the said party of the second part, as for and in consideration of the sum of one dollar to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowl- edged ; hath leased and doth hereby lease unto the President, Managers and Company of the Delaware and Hudson Canal Company, their successors and assigns, all the coal contained in, on or under that certain piece or parcel ol land situate in the township of Carbondale, County of Luzerne and State of Pennsylvania, it being that portion only of the tract of land in the warran- tee name of Norman Lee, which is on the east side of the Lackawanna river, that can be economic- ally mined or taken out through the present open- ings on the adjoining lands now owned and being worked by the said party of the second part. It being supposed that the coal that can be conveniently and economically mined, dug or taken out through said openings is contained 510 upon that portion of tlie said Norman Lee tract, lying and being on the east side of the Lacka- wanna River, the terms, provisions, rights and privileges herein contained are confined to this portion of the said Norman Lee tract. Eight to mine, Together with the right to enter upon and into *'^' said land^s, and to dig, mine and remove said coal. . And the said party of the first part further hereby leases and grants to the said party of the second part, their successors and assigns, without charge, the right of way for all railroads, turnouts, switches, slopes, tunnels, mine roads, wagon roads, ditches, and drains they may find it necessary to construct across or upon said tract of land, with the right to erect dams upon the surface. Use of land for Also the use of land for digging all air shafts, buildings, c. ^^ shafts, or slopes for raising said coal with the right to dig the same, and also the use of all the said land they may require for the purpose of erecting breakers, chutes or any other buildings they may deem necessary for the prosecution of their business, together with land for dumping or piling coal or culm, and all other appurten- ances they may require for mining, receiving, re- moving, cleaning, screening, dumping, storing, preparing and forwarding the coal to be mined under this agreement. Damage to sur- The Said party of the second part shall not be face. held accountable or liable, under any circum- stances, for any damage that may be done to the surface of said land by the mining, preparing and removing of said coal. And the said party of the second part, their Work to bepro- succcssors and assigns, doth hereby promise and dispatch!'" agree that they will drive the headings or gang- ways now leading towards the lands hereby 511 Proviso. leased with all practical dispatch, and that when the coal in said land is reached that they will prosecute the mining and taking out of said coal with as much vigor as is bestowed upon their own lands adjoining, and worked through the same openings uiQless it becomes impracticable to do so from faults occurring in the mines of fi'om such an increase in the quantity of water that it can- not be taken out with the pumping facilities now in operation at the shaft where the coal hereby leased is proposed to be taken out. Provided^ however, that if the coal shall not prove to be of a merchantable quality, or if it becomes imprac- ticable to mine the same in consequence of faults, extraordinary expense in mining and cleaning said coal, or if the vein should prove to be of such quality and thickness that the coal cannot be mined and prepared for market without greater expense than is bestowed upon the coal taken from the adjoining lands of the said party of the second part, then the liability of the said party of the second part to mine, take out and pay for said coal shall cease. And the said party of the second part, their successors alid assigns, agree to pay for the coal Eateperton. mined and taken out in pursuance of this agree- ment at the rate of twelve and one-half cents. (123^) for every twenty-four hundred and sixty- four pounds, which for the purposes of this agree- ment shal be called a " ton " of clean merchant- able coal : Frovided, however, that if the said party of the second part shall elect to break and prepare the coal or any part thereof with breakers and revolving screens, at or near the mines, they shall have the right so to prepare it, and in that case the mine rent shall be twelve and one-half cents (121) for every twenty-two hundred and forty (2,240) pounds of clean, merchantable coal, so bro- ken and prepared. Said rents to be paid between 512 iSoales and weighing of coal. " Merchant- able " coal. Inspection. Bemoval of fixtures at expiration of lease. the first and fifteen days of the month, in cash, for coal mined during the preceding month. And it is further agreed that the said party of the second part shall weigh the coal upon scales placed at or near the mines, said st;ales to be mutually approved by the parties. That in weighing said coal the same allowance shall be made for dirt, culm, bone, slate and other impur- ities as are allowed by the miners, for the time then being, to the said party of the second part. It is further mutually understood and agreed that the term " merchantable " coal shall be un- derstood and defined as follows, to wit : That all the coal to be mined under this agreement shall be, with the same expense of cleaning and mining, as good as the coal taken from the adjoining lands of the said party of the second part. And that it shall be subject to the inspection of the Superintendent of the said party of the second part, whose decision as to the quality of said coal shall be final and conclusive. It is further mutually understood and agreed that the party of the first part shall pay all taxes upon the lands hereby leased, and the party of the second part all taxes upon the improvements they may have erected or constructed. It is further understood and agreed by and be- tween the parties that whenever the coal shall have been mined from the said within mentioned premises, as aforesaid, the said party of the second part, their successors and assigns, shall have the right to remove any or all of the buildings, fix- tures, machinery and appurtenances of any kind that they may have placed, built or constructed upon the premises. 513 I]sr Witness Wheeeof, the said party of the first part has hereunto set his hand and seal, and the party of the second part have hereunto set their corporate seal, with the signature of their President. [seal.] WILLIAM JESSUP. [seal.] GEO. TALBOT OLYPHANT, Fresident. In presence of Egbert H. Atwatee. Attest, I. K Seymoue, Treasurer. 'For the consideration of twenty thousand dollars to me paid by Benjamin T. Reed, of Reed of Boston. I do hereby assign, transfer and set over to the said Benjamin T. Reed, his heirs and assigns, the annexed contract of the Delaware and Hudson Canal Company with me. I having sold to him the lands mentioned therein. He to perform the obligations imposed upon me in said contract and to receive all monies to grow due thereon. Witness my hand and seal this thirteenth day of May, A. D. eighteen hundred and sixty-three. [SEAL.] WILLIAM JESSUP. In presence of William H. Jessup, Geo. Talbot Olyphant. 514 6 New York, Nov. 1st, 1864. The President, Managers and Company of the Delaware and Hudson Canal Company hereby consent to the above assignment from William Jessup to Benjamin T. Reed, and agree to be bound by the provisions thereof. GEO. TALBOT OLYPHANT, Freaident. 515 516 517 MEMORANDUM OF AGREEMENT made and concluded this 16th day of May, a. d. 1863, between Benjamin T. Reed, of the City of Boston, in the County of Suffolk and State of Massachusetts, of the first part, and The Presi- dent, Managebs and Company of the Delawabe AND Hudson Canal Company of the second part. WITNESSETH, That the said party of the first part for himself, his heirs, executors, and as- signs, as well for and in consideration of the contracts and agreements hereinafter mentioned, to be kept and perlbrmed by and on the part of the said party of the second part as for and in consideration of the sum of one dollar to him in hand, paid by the said party of the second part, the receipt whereof is hereby acknowledged. Hath leased and doth hereby lease unto the said The President, Managers and Company of the said Delaware and Hudson Canal Company, their successors and assigns, all the coal contained in the vein known as the *' Grassy Island" vein,J^'eed.'"'*' lying and being on or under that certain piece or parcel of land situate, lying and being in the Township of Blakeley, in the County of Luzerne and State of Pennsylvania, described as follows, to wit : Bounded on the south west by a tract in the warrantee name of John Randall, on the Borth"««™p*'™- east by tracts in the warrantee names of Hezekiah Walker, and Jos i ah Harrington, and on the south east by lands owned by Lathrop and Jones, S. and L. Peck, and G. M. HoUenbeck, being a tract surveyed in the warrantee name of Theodore Woodbridge, and containing four hundred and thirty acres, more or less, that can be economically mined or taken through a shaft to be dug or sunk upon the above described premises by the party of the first part as hereinafter provided, together with the right to enter upon and into said lands ^'s'^**"""' and to dig, mine, and remove said coal through said shaft. And the said party of the first part further hereby leases and grants to said party of the second part, their successors and assigns, without Eight of way. (.jj^rge, the right of way for all railroads, turn- outs, switches, slopes, tunnels, mine roads, wagon roads, ditches and drains they may find it neces- sary to construct across or upon said tract, with the right to erect drains upon the surface for the proper mining of said coal at said shaft ; also the upe of Surface, usc of land for digging all air shafts that they may consider necessary, with the right to dig the same,- and also the use of all the land they may require for the purpose of erecting repair shops, or any other shops they may deem necessary for the prosecution of their business ; together with land for piling coal or culm, and all other appurten- ances they may require for mining, receiving, removing, cleaning, screening, dumping, storing, preparing and forwarding the coal to be mined under this agreement. Right to take Together with the right to take, without charge, Btone, Y)j quarrying or otherwise, from said land all the stone they may find it necessary to use in the erection of their buildings, and to enter upon and remove any timber they may require for props, ties, "^6ments upon the said property of capacity for lease?'""™" "' the miuiug, preparing and shipment of 100,000 tons of coal j)er annum, and to deliver said improvements in good working order and repair to the said party of the first part at the expira- tion of this lease. Lessor to pur- SEVENTH. — It is further agreed by the said 1011,%^''^ parties to these presents that the said party of vafi^etfexlrira-the first part shall take from the said party of tion of lease, ^^^ secoud part, at the expiration of this lease at their appraised value, all the miner's houses, barns, stables, sheds, shops and out-buildings, to- gether with their store houses and offices, powder and at their houses, and pay for them, at their option, either "him^eFtheria iu cash or lu coal, to be mined and shipped by cash or coal, ^^^q g^id party of the second part during the first year after the expiration of this lease at the rate the coal to be of 30 ceuts per gross ton, said appraisement to be 3octffper°toa' made by appraisers, to be appointed in manner following: one appraiser to he chosen by each party and the two appraisers so selected to choose a third; and if either party after due notice neg- lect or refuse so to appoint an appraiser, then the ' party having selected an appraiser shall choose a 529 second, and the two so selected shall choose a J^^*?fement. third, and the report of a majority of said apprai- sers so selected, made in writing, shall be final and conclusive as to the rights of the parties. Frovided^ that the said party of the first part shall, in no case, be liable to pay for such im-jj^^j^^^p^,, provements an amount exceeding fifteen thou- j?^^^jp^^^*j°'g sand dollars. Eighth. — The said party of the second part shall have the right to remove from the said pro- perty at the expiration of this lease all the per- pg^^^^^j p^o. sonal property used and employed by him in thePf^^^^^'^j.^^o^. conduct of mining, preparing and shipping busi- ^^p''4\?^^*=^j'" ness excepting breakers, pumps, engine and engine- ^'^^^■ house, and all fixtures necessary for raising and manufacturing of coal, including all the railroad iron and improvements in use in the mines, which breakers, pumps, engines, engine-house and fix- tures are to pass to the parties of the first part in the good condition and repair specified in the 6th Section of this lease. Ninth. — It is agreed and understood that the said party of the second part shall pay all the taxes assessed upon the coal mined and taken out'^*^^^" under this lease, and on so much of the surface as he may occupy, and on all the improvements and buildings erected by him. Tenth. — It is further agreed, that the said par-foMn™:^optr- ty of the second part shall not mine, ship, or man-JemoTeVorpre- ufacture coal from adjoining properties through ^^emiserwith-" the mines or over, or at the improvements upon oftesors^^™* the premises embraced in this lease, without first obtaining the written consent of the said party of the first part for that purpose. Eleventh. — ^It is agreed that the said party of ^j?||]°i„^^ the second part shall at all times work the mines ™^r^°"''* in a workmanlike manner, leaving sufficient pil- lars of coal to support the roof, and taking out 530 InBitrance on buildings and macliinery. Payments of rent for lirst year. all tbe merchantable coal (witi the exception of necessary pillars) as he proceeds in mining. Twelfth. — ^The said party of the second part further agrees to keep all the buildings and ma- chinery erected by him on said property, insured in responsible companies for at least one-half the value thereof, and in case of damage or loss by fire, the insurance money shall be applied to- wards the repairing and renewal of said buildings and machinery. Thirteenth. — It is hereby agreed that the said party of the second part shall pay the rent for the first year of this lease in manner following : two thousand two hundred and fifty dollars on the execution of this lease by all the parties of the first part and the like sum of two thousand two hundred and fifty dollars on the 1st day of August, A. D. 1864. allowed to toke FouRTEEXTH. — It is further agreed that the eoai*annti^iy!''* party of the first part shall have the pri^alege of taking annually 100 tons of pea coal at a cost not to exceed 50 cents per ton at the breaker. Iw Witness Wheeeof, the said parties have hereunto set their hands and seals the day and year first above written. Signed, WU. BUTLER, LETITIA M. BUTLER, MARY E. LEWIS, ISAAC THOMAS, Gmrdian. S. P. DARLINGTON, JOSEPHINE L. DARLINGTON, CALVIN PARSONS, Gmrdian. CHARLES PARRISH, WM. P. MINER, CHARLES MINER, JESSE THOMAS. SARAH K. MINER, ELLEN E. THOMAS, ASHER MINER ABBOTT, WM. P. ABBOTT, E. E. LEWIS, CAROLINE D. THOMAS 531 Por and in consideration of t"he snm of one dollar, to me in hand paid, the receipt whereof is hereby acknowledged, I, Charles Parrish, do hereby grant, assign, transfer, set over, and convey chll^parksh unto The Thomas Iron Company and their iPo^liaiT successors and assigns, the undivided one-half^^i^BgieMe!'""''" part of all my right, title and interest in and unto the foregoing lease from Charles Miner, William P. Miner, Jesse Thomas and others to me, dated the twenty-second day of September, A. D. 1863, and in and unto the lands and premises therein described, and the privilges therein granted with the appurtenances. To have and to hold the same unto the said The Thomas Iron Company, and their successors and assigns, against me and my heirs, executors and administrators, for and during the remaining term of said lease unexpired : — subject however, to all the covenants and agreements therein contained, to be kept and performed on my part ; the other undivided one-half interest in said lease, lands and privileges being reserved to and held Reservation. by me for my own use and benefit. All the rights and privileges under said lease toM^iieg^sa^^^ be exercised and enjoyed, and the burdens and eauaiiyaiviaed. liabilities under the same to be borne and paid equally by the said The Thomas Iron Company on the one part, and by myself on the other, in proportion to our respective interests in the same as co-lessees. Witness my hand and seal this first day of June, A. D. 1866. [SEAL.J CHARLES PAERISH. In presence of F. J. Leavenwoeth. 532 8 THIS AGREEMENT, witnessett, whereas, in and by a certain indenture of lease bearing date fofmerlgree- ^'^^ 22d day of September, A. D. 1863, between ™^°'- Charles Miner, Sarah K. Miner, Jesse Thomas, and wife, and others, of the first part, and Charles Parrish of the Borough of Wilkesbarre, Luzerne County, Pennsylvania, of the second part; the said parties of the first part for divers good and valuable considerations therein named, did lease 'and let unto the said Charles Parrish, and his executors, administrators and assigns, for mining purposes for the term of fifteen years from the date thereof, all the mineral coal in, under, or upon all that portion of lots, therein described, lying and being in Plains Township, Luzerne County, Pennsylvania, being numbered 11, 12, 13, 14, and 15, lying between the Parsons road and land of Charles A. Miner and John Abbott, deceased, containing 200 acres or thereabouts, upon certain conditions, and subject to certain covenants and agreements to be kept and per- formed on the part of the said Charles Parrish, his representatives and assigns, one of which conditions and covenants is, that the said Charles Parrish, his representatives and assigns shall mine from said lands, ship and pay for not less than 30,000 tons of coal per annum, during the term of said lease, and another of which said conditions and covenants is that the said Charles Parrish, his representatives and assigns, shall pay for- all the coal so mined and shipped at the rate of 15 cents per ton of 2,240 pounds , all of which will fully appear by reference to the said inden- ture of lease which is hereto attached, and of which this agreement is hereby made a supple- mentary part. iSi^nmen'tSf' And, whcrcas, the said Charles Parrish by a torogoing lease, certain Indenture, dated the 1st day of June, A. D. 1866, and to the said indenture of lease at- 533 tached, did for a good and valuable consideration grant, assign, transfer, set over and convey unto The Thomas Iron Company and their successors and assigns, the undivided one-half part of all the ri2;ht, title and interest of hira the said Charles Parrish, m and unto the said indenture of lease, and in and unto the lands and premises therein described, with the privileges and appur- tenances subject to the covenants and agreements therein contained to be kept and performed on the part of him, the said Charles Parrish, his re- presentatives and assigns, all of which will fully appear by reference to said indenture of assign- ment, to said indenture of lease, and to this agree- ment attached. Now it is mutually covenanted and agreed, by and between the parties hereto, being the parties of the first part in said original indenture of lease, or their representatives in interest of the first part, and the said Charles Parrish and the said The ' Thomas Iron Company of the second part, in consideration of the mutual profits, benefit and advantage accruing and to accrue to all the parties hereto that the terms of said original indenture of Term ot original lease shall be extended for, and during the further tended. period of 15 years from the date of the expiration of said original term, so that said term shall expire on the 22nd day of September A. D. 1893; that for all the coal mined and shipped from said lands under said lease, during said term and the exten- sion thereof, from and after the first day of February next ensuing the date hereof (1868), thei^^reas^edjate said parties of the second part, their representatives P„jryf' isef ^^' and assigns, shall pay the parties of the first part, their representatives and assigns at the rate of 20 cents per ton of 2240 pounds, instead of 15 cents the price fixed in and by said original lease, and further that the said parties of the second part shall mine, and ship, and pay for, at said rate of 534 10 Minimum qaan- 20 CGiits per toii, not less than 50,000 tons of coal tity. pgj. annum, during said term and the extension thereof, from and after thefirst day of February next, (1868), and in case a less amount than 50,000 tons shall be mined and shipped in any one year, the Boyaity to be ^cnt shall be regularly paid on said amount of cnjiis'^mined or 50,000 tons, and the said parties of the second °°'- part shall have the privilege of mining and shijDping and making up the deficiency in quan- tity at any time during the term of said extended Deficiency maylsasc, and also the deficiency already accrued and any™ubsequeSnow existing undcr the said original lease vs'ith- yeara. ^^^ further chargc. No further or other change is hereby made or contemplated in the several terms, conditions and covenants of said original indenture of lease; and all the several terms, pro- Eemaining pro- visions, couditious and covenants of the same, naiTLe' to"re- except in so far as the same are modified and SilJnge™' changed by this agreement, are to be observed, kept, done and performed by all the parties here- • ' to respectively in the same manner as though this supplementary agreement had not been made. The draft or map hereto attached and identified by the signatures thereupon of Wm. P. Miner, Jesse Thomas, and Charles Parrish is intended to acr?a'rf°9urffce*^^^%'^^*'^ *^^ locatiou of the surface of about 20 ,™l™t* acres of land embraced in said lease referred to UPOIl IUa{)> • -1 /^ -I m the first paragraph of said original indenture, and intended to be used and occupied for the purposes of shafts, slopes, drifts and for mining and shipping coal therefrom, and for erecting the buildings, improvements and machinery thereon, vphich may be necessary for the business of min- ing and shipping coal ; and vphich is hereby set off and made over by the parties of the first "part to the parties of the second part, for the purpose contemplated in ,said first paragraph of said original lease, during the term of said lease and the extension thereof, and upon which said parcel of surface the engine house, shaft house, coal 535 11 breaker, slope house, shops and office of the said parties of the second part, are now ah^eady erected. Witness, the hands and seals of the parties of the first part, and the hand and seal of the said Charles Parrish, and the corporate seal of the said The Thomas Iron Co., duly attested, dated the 10th day of December, A. D. 1867. Signed, ISAAC THOMAS, Guardian. "WM. BUTLER, L. M. BUTLER, E. E. LEWIS, ALICE C. L. MURPHY, CHAS. T. MURPHY, W. P. ABBOTT, CHARLTON" T. LEWIS, JESSE THOMAS, ELLEN B. THOM^AS, WM. P. MINER, STEPHEN H. ABBOTT, CHARLES PARRISH, CAROLINE D. LENT, JOHN LENT, [seal.} SAMUEL THOMAS, Prest Thomas Iron Co. Attest, J. T. Knight, Secretary. 53^ 12 DEED. Jesse Thomas THIS INDENTUEE, made the I'st day of ^iariS^lir^siiMay, ill the year of our Lord 1867, between Jesse C wny. Thomas and Ellen E., his wife, of Plains Town- ship, County of Luzerne and State of Pennsyl- vania, of the first part, and Charles Parrish and The Thomas Iron Company, a corporation doing business under the firm of Parrish and Drake, of the other part : WITNESSETH. — That the said party of the first part for and in consideration of the sum of twelve hundred and twenty dollars, lawful money of the United States of America, unto them well and truly paid by the said party of the second part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknow- ledged, ha,ve granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, re- lease and'confirm unto the said party of the second part, and their successors, heirs and assigns, all that certain lot of land situate in Plains Town- ship aforesaid, and bounded as follows by lines : DeBctiption. Beginning at a point in the centre of the Mock Town Road, leading from the bridge across Mill Creek, just above Charles A. Miner's Mill, twenty- five feet north-westerly of the centre of the Nan- ticoke Railroad track, and running thence along the centre of said public road north fifty-seven and a half degrees, west two hundred atid forty feet, to a point in the centre of the track of the North Branch of the Nanticoke Railroad ; thence north thirty-two and a half degrees, east five hundred and twenty-five feet to a corner; thence south fifty- seven and a half degrees, east three hundred and eighty-four feet, to a corner in the line of said Nan- ticoke Railroad, drawn twenty-five feet (at that point) northerly of the centre of its track, and thence along the said line of said Road, to the place of 537 13 beginning, containing three acres and eigMy-eight perches, strict measure, be the same more or less. Excepting and reserving, however, unto theEeservation. said Jesse Thomas and Ellen E. Thomas, his wife, and their heirs and assigns, all coal and minerals beneath the surface of and belonging to said lot; with the sole right and privilege to mine and remove the same by any subterranean process, in- cident to the business of mining, without thereby, incurring, in any event whatever, any liability for injury caused or damage done to the surface of S™"^^ *° ™'"" said lot, or to the buildings or improvements which now are or hereafter may be put thereon. Provided^ that no mine or air shaft shall be in- Proviso, tentionally opened, or any mining fixture es- tablished on the surface of said lot. This Conveyance is made also subject to the following conditions, that is to say: Subject to^ ,. . & ' 1^1 -V7-11 1 Further reserva- the right of way for so much of the " Y" track won. of the Nanticoke Railroad, as runs across said lot. And further, that no building shall be placed nearer than ten feet to the said Mock Town Road, so that the same can be widened ten feet. And further, that a street shall be opened thirty ^^'(f^^ea'" "^ feet in width, along the northerly end of said lot, by all the parties hereto ; the party of the first part and the party of the second part, to give each of one-haK of said width of land for said street, and that no fence or building shall be placed within teti feet of the present north-easterly line of the said Mock Town Road, so that, that Much additional width naay be appropriated for said Road. Together wlih all and singulai*, the Ways, ■ waters, water-courses, rights, liberties, privileges, conveyll!' *°" hereditain€ntg and appurtenances whatsoever thereunto belonging, or in any wise appertain- 538 14 ing, and the Reversion and Remainders, rents,issue8 and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of them, the said party of the first part, in law, equity or otherwise, howsoever of, in and to the same, and every part thereof, subject to the reser- vations and conditions aforesaid. To have and to hold the said lot of land, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appur- tenances unto the said parties of the second part, their successors, heirs and assigns. To and for the only proper use and behoof of the said parties of the second part, their successors, heirs and assigns forever. And the said Jesse Thomas, for himself, and for his heirs, executors and administrators, doth by these presents, covenant, grant and agree to and with the said Parrish and Drake, their successors, heirs and assigns, that he, the said Jesse Thomas, and his heirs all and singular, the hereditaments and premises hereinabove described, and granted or mentioned and intended so to be, with the appur- tenances, unto the said Parrish and Drake, their successors, heirs and assigns, against them, the said Jesse Thomas and wife, and their heirs, and against all and every other person or persons whomsoever lawfully claiming, or to claim the same or any part thereof, shall and will warrant and forever defend. Ijst Witness Whereof, the said parties, to these presents, have hereunto interchangeably set their hands and seals, dated the day and year first above written. (Signed), JESSE THOMAS, ELLEN E. THOMAS. 539 15 THIS INDENTURE made the twenty-fifth ^^J^f°^^^ day of March, in the year of our Lord one^l^e ThomV° thousand eight hundred and sixty-nine, between '"' '^"'"P'^'y- Charles Parrish and Mary C, his wife, and John Ely and Marie Antoinette, his wife, all of the Borough of Wilkesbarre, Luzerne County, Penn- sylvania, of the one part, and The Thomas Iron Company, duly created and chartered by and under the laws of the Commonwealth, of Penn- sylvania, of the other part, witnesseth : First. — That the said parties of the first part in consideration of the sum of one hundred and twenty-five thousand dollars to them in hand, well and truly paid by the said The Thomas Iron Company, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, released and conveyed, and by these presents do grant, bargain, sell, assign, release and convey unto the said The Thomas Iron Com- pany and their successors and assigns, all the right, title, and interest of them the said parties of the first part (to wit one undivided half part) of and in all that certain lot of land situate in Plains Township, Luzerne County, aforesaid, bounded and described as follows, to wit: begin- Description, ning at a point in the centre of the Mocktown road leading from the bi'idge across Mill Creek, just above Charles A. Miner's Mill, twenty-five feet north-westerly of the center of the Nanticoke Railroad track, and running thence along the center of said public road north fifty-seven and a half degrees, west two hundred and forty feet to the center of the track of the north branch of the Nanticoke Railroad ; thence north thirty-two and a half degrees, east five hundred and twenty-five feet to a corner; thence south fifty-seven and a half degrees, east three hundred and eighty-four 540 16 feet to a corner in the line of the said Nanticote Railroad drawn twenty-five feet (at that point) northerly of the center of its track; and thence along the said line of said road to the place of beginning, containing three acres and eighty-eight perches strict measure, be the same more or less, Keservation. Excepting and reserving, however, all the coal and minerals beneath the surface of and belong- ing to said lot, with the right and privilege to mine and remove the same so fully and entirely, and in the same manner as the same are excepted and reserved in the deed from Jesse Thomas and wife, to the said Charles Parrish and the Thomas Iron Company, dated the first day of May, A. D, 1867, and intended to be recorded forthwith. And subject also to all and singular the pro- visos and conditions in the said deed also con- tained and expressed. Second. — ^That the said parties of the first part, for the consideration aforesaid, have also granted, bargained, sold, assigned, transferred and set over, and by these presents do grant, bargain, sell; as- sign, transfer and set over unto the said Thomas Iron Company, and their successors and assigns, all the right, title and interest of them, the said parties of the first part, and each of them, to wit: Interest in cer- The ouB Undivided one-half part of, and in, all that tain leases con- , ^ ^ n t it veyea. Certain Indenture oi Jjease, made the twenty- second day of September, A. D. 1863, between Chai'les Miner, Sarah R. Miner, Jesse Thomas and wife, and others of the one part, and Charles Par- rish, of the other part; and of and in the agree- ment supplementary thereto, made on the tenth day of December, A. D. 1867, between the said Charles Miner, Sarah R. Miner, Jesse Thomas and wife, and others, with the said Charles Parrish and The Thomas Iron Company, which lease and 5*1 17 agreement are duly recorded in the proper office in Luzerne County, in Deed Book, No. 123, Page 10, &c.; in Mortgage Book, No. 19, Page 381, •! 11 .-? ^'^t'^sB to mines and the railroad, returns ot weights ot the said ana accounts. party of the second part in order that they may, if they choose", satisfy themselves of the correct- ness of said statements. 548 Lessee shall have right to re- move improve- ments. Excepting breakers, pumps, engines, &c. Taxes. Mines to be worked in a workmanlike manner. Leesee to keep buildings, &c., insured. .Sixth. — The said party of the second part shall have the right to remove from the said property at the expiration of this lease, all the personal pro- perty used and employed by them in the conduct of the mining, preparing and shipping business, excepting breakers, pumps, engines, and engine house, and all fixtures necessary for the raising and manufacturing of coal, including all the rail- road iron, and improvements in use in the mines which breakers, pumps, engine, engine house and fixtures are to pass to the parties of the first part in good v\rorking repair and condition. Seventh. — It is agreed and understood that the said party of the second part shall pay all the taxes assessed upon the coal mined and taken out under this lease, and on so much of the sur- face as they may occupy, and on all the improve- ments and buildings erected by them. Eighth. — It is agreed that the said party of second part shall at all times work the mines in a workmanlike manner, leaving sufficient pillars of -coal to support the roof, and taking out all the merchantable coal (with the exception of neces- sary pillars) as they proceed in mining. Ninth. — The said party of the second part further agrees to keep all the buildings and machinery erected by them on said property, insured m responsible companies for at least one-half the value thereof, and in case of damage or loss by fire, the insurance money shall be ap- plied towards the repairing and renewal of said buildings and machinery. In Witness Whereof, the said parties of the first part have hereunto set their hands and sealSj and the said The Thomas Iron Company, have 519 caused the common corporate seal to be hereunto affixed the day and year first before written. [seal.] by their Guardiau, "Wm. S. Kirk. By their Guardian, "Wm. S. Kirk. JESSE THOMAS, ELLEN E. THOMAS, STEPHEN H. ABBOTT, "WM. P. MIXER, ANNA L. WENTWORTH, LINCOLN WoVEAGH, CHARLES McVEAGH, JOSEPH J. LEWIS, MART ELLEN LEWIS, CHARLTON T. LEWIS, NANCY MoR. LEWIS, "WILLIE R. LEWIS, WM. P. ABBOTT, WM. BUTLER, L. M. BUTLER, S. P. DARLINGTON, J. L. DARLINGTON, ALICE C. L. MURPHr, OH AS. T. MURPHY", JOHN LENT, CAROLINE D. LENT, SAMUEL THOMAS, Pnsident Thomas Iron Company. Attest, J. T. Knight, Secretary. 550 551 552 553 THIS mDENTUEE made the tifteenth day of Novemlaer, in the year eighteen hundred and sixty-nine, between The Thomas Ikon Company, a Corporation created by an Act of the Legisla- ture of the State of Pennsylvania, party of the first part, and The Pkesident, Managers ani> Company, of the Delaware and Hudson Canal Company, a Corporation created by an Act of the Legislature of the State of New York, party of the second part : WITNESSETH, that the said party of the first part, for and in consideration of the rents, cove- nants and agreements hereinafter mentioned, re- served and contained on the part and behalf of the said party of the second part, its successors and assigns, to be paid, kept and performed, hath granted, demised and to mine letten, and by these presents doth grant, demise and to mine let, unto the said party of the second part, its successors and assigns, all the estates, property, terms of years, rights, interests, claims and demands what- soevei' in law or equity, which at the date of these presents, is or was owned or held by the said party of the lirst part, or to which the said party of the first part is or was in anywise entitled, xmdei', pursuant to, or by virtue of the following described leases, conveyances and other instru- ments, in writing, that is to say : FiusT. A certain indenture of lease made by_ . ,. J Description. Charles Miner, Sarah K. Miner, Jesse ihomas and others, to Charles Parrish, which bears date the twenty-second day of September, in the year 1868. 554 Description. Description. one undivided half part of whicli lease, and of the property, estates, rights and interests thereby granted and demised, was assigned by the said Charles Parrish, to the said party of the first part, by a deed of assignment bearing date the first day of June, in the year 1866, and a supplement to said indenture of lease made and entered into by and between the parties thereto, and their assigns bearing date the tenth day of December, in the year 1867, whereby the term granted by the said indenture of lease was extended, and the quantity of coal that might be mined under, and pursuant to the provisions of said lease and the price to be paid therefor were increased, which said inden- ture of lease, deed of assignment and supplement were duly recorded in the ofiice for recording deeds, efore contained to the contrary thereof, iu anywise notwithstanding; and upon any such default being made, the term of years hereby granted shall cease, terminate and be ended, anything hereinbefore contained to the contrary thereof, in anywise notwithstanding. And the said party of the second part, for itself, its successors and assigns, doth hereby cove- nant and agree to and with the said party of the first part, its successors and assigns, as follows, that is to say : That the said party of the second part, shall and will during the term hereby granted, work, 557 ■mine and deliver mineral coal, on and from the hereby granted and demised premises in accord- f^f^'^J^^^^"* ance with the conditions contained, named and*^""'- expressed in and by the several indentures of lease deeds of conveyance and instruments in writing hereinbefore recited, and referred to, under which the said party of the first part, holds or is in any- wise entitled to the said demised premises and every part thereof, or any interest therein, and shall and will during the term hereby granted, fully and punctually keep and perform all, each and every of said conditions, and all covenants and agreements contained in the hereinbefore mentioned leasea and conveyances that are obli- gatoi') upon the said party of the first part, its successors, or assigns, to keep and perform, except as hereinafter provided for, all royalties and mine rents reserved in and by, or provided to be paid by the said above mentioned indentures of lease and deeds of conveyance are to be paid and borne by the said party of the first part, its successors and assigns. That the said part}' of the second part, its suc- cessors and assigns, shall and will, during the term hereb}' granted, maintain and keep in as good state as they now are, all, each and every of the premises, property and effects hereby leased Lessees to and demised, each and every of them at its and and pay taxes. their own cost and expense, and shall and will, during the whole of said term hereby granted, pay all taxes of every description upon the said premises, property and effects hereby demised, and every part thereof that the party of the first part might be bound to pay, except for these presents. That the said party of the second part, shall and will, for and during each and every year of the term hereby granted, mine from the above de- 55S scribed and hereby demised premises seventy -five thousand tons of mineral coal ; each of said tons of coal to weigh tvs'o thousand two hundred and forty pounds, or so much thereof as can be eco- nomically or without extraordinary means and efforts be obtained therefrom, and sell and deliver to the said party of the first part, at the price hereinafter provided for seventy-five thousand pf/Thomas"''" tous of mineral coal, the whole or so much thereof co™f?omTiaBeti ^s is obtained therefrom to be the coal mined from mines. ^j|^ ^^^^ hereby demised premises, and what may be deficient thereof to be supplied from the vein of mineral coal known and designated as the Bal- timore Vein at the mines or openings styled "Mill Creek " and " Baltimore " collieries, now worked by the said party of the second part, and as near- ly as practicable six thousand two hundred and fifty tons of said coal shall be delivered to the said party of the first part, its successors and as- signs, each and every month of the term hereby granted, and said coal so to be delivered shall be of the different sizes and descriptions, and in such quantities of each size or description as shall be from time to time designated by the said party of the first part by a previous notice of at least twenty days. That the said coal so to be deliver- ed as aforesaid, shall be delivered by the said party of the second part, its successors and as- signs, and shall be received by the said party of the first part, its successors and assigns, in as nf/hed b° '"'" nearly daily average quantities as practicable, and Thomaefron in railroad cars commonly used for the transporta- tion of mineral coal to be furnished by the said party of the first part, its successors and assigns, and to be placed by it or them on the sidings of the main tracks of the railroads at or near the said premises hereby demised, called and styled The Pine Ridge Colliery, or at either of the mines of the said party of the second part, where the vein known and designated as the Baltimore vein 559 is being worked. It being understood, and these presents so far as they relate to tlie delivery of said coal being conditioned that if the said party of the first part, its successors and assigns, shall Avilfully, or otherwise neglect or refuse to furnish said cars for the reception of coal, as aforesaid, that the said party of the second part, its succes- sors and assigns, shall be excused and relieved from the sale and delivery of so much of said coal as by the provisions of these presents should have been, and but for said wilful, or other neglect and refusal, would have been delivered. That the said party of the first part, its suc- cessors and assigns, may at its and their option, at any time during the term hereby gi'anted, reduce the amount of coal to be delivered in any year Spired ty'^'^' .1 1 • J 1 I 11 in Thomas Iron or month during the term hereby granted, or co. may be re- entirely waive the delivery of any coal in any dSfnoticf.'""^ such year or month, by notifying the said party of the second part by ten days notice, in writing, of its or their desire to make any such reduction or waiver. That all coal delivered by the said party oi" the second part under and pursuant to the pro- visions of these presents and any of them shall be of a merchantable quality, and shall be pre- Merchantable ■ Quslitv pared and delivered m as good order in all respects as the coal that shall be delivered dur- ing the same time and times by the said party of the second part, its successors and assigns, to its and their customers. That in case any mining or delivery of coal required by these presents shall un- avoidably be prevented by strikes or turnouts of sinkes. the employees of the said party of the second part, or other casualty, the amount of coal that would except for such strikes, or turnouts, or cas- ualty have been required to be delivered by the provisions of these presents shall at the option of 560 Priee. the Said party of the first part, its successors or assigns, be delivered when such strikes or turn- outs shall be ended, or such other casualty shall have ceased or been removed, or as soon there- after as it can reasonably be mined, prepared and delivered ; and that the said party of the second part, its successors and assigns, shall make use of all reasonable and proper means to overcome and remove the difficulties in respect to mining and delivery of coal by virtue of such strikes or tui'n- outs, or other difficulties with all reasonable dili- gence. That the coal so to be delivered to the said party of the first part, its successors and assigns, pursuant to the provisions of these presents as hereinbefore contained shall be sold and deliver- ed to the said party of the first part, its success- ors and assigns, at the prices and upon the terms of payment hereinafter provided for and agreed to be paid by the said party of the first part. That if the said party of the second part, its successors and assigns, shall, pursuant to the pro- visions hereinafter contained, mine from the said Boyaitj on Coal Pine Ridgc Collierv, the said premises hereby rained in cxcesB . " ■ i n \ ^ l' oimnimum demised, more than seventy -five thousand tons or coal in any one year of the term hereby granted it, the said party of the second part, its succes- sors and assigns shall and will pay or cause to be paid to the said party of the first part, its success- sors and assigns, the royalties or mine rents on and for such excess that the said party of the first part, its successors or assigns, will, or may be oV)ligated to pay ; the same to be the same royal- ties or mine rents per ton that is provided to be paid by the said party of the first part to the owners of the land, by any or either of the said indentures of lease hereinbefore mentioned and described, under and by virtue of which the said 561 party of the first part holds the said premises hereby demised, or any part thereof. That the said party of the second part, its successors and assigns, shall and will during all the term hereby granted, at its and their own cost and expense, maintain and keep all the premises Repairs, hereby demised, including all and singular the shafts^ breakers, machinery, slopes, tunnels, rail- roads, tenements, buildings and other property hereby rented and included in the demise hereby made, in as good repair, state and condition as they now are, except that in case the same or any of them, or any part of any of them, shall be injur- ed or destroyed by fire, the said party of the second part, its successors and assigns, shall not be bound to repair or restore any such injury or destruction. That the said party of the second part, its successors and assigns, shall and will, each and every month during the term hereby granted, furnish and deliver to the said party of the first part a true and correct account of all coal mined Accounts of and delivered in pursuance of the provisions of '^"^ '""'^ ' these presents, or any of them, during the pre- vious month, and of the cost and price of such coal, to be ascertained as hereinafter provided for, and shall and will, annually, at the end of each year during the term hereby granted, furnish and deliver to the said party of the first part, its successors and assigns, a full, true and correct statement of all coal mined and delivered, as aforesaid, during the year then next preceding, with the cost or price thereof, to be ascertained as aforesaid, with an adjustment of all dififerences and mistakes that have occurred or happened in and by any previous monthly account. That the said party of the second part, its successors and assigns, shall and will, during the 562 10 term hereby granted, keep just, true and perfect books of account of all matters belonging to and appertaining to the mining, preparing, de- livering and htaodling coal at tbe said Pine Ridge, Mill Creek and Baltimore mines or collieries, and of the cost and expense thereof, which books of oper^ *°''^ account shall at all reasonable times be open to inspection. ^j^^ examination aiid inspection of the said party of the first part, its successors and assigns, its and their officers and agents who may make and take any extracts, statements or memoranda therefrom. That at the expiration or sooner termination of the term hereby granted, the said party of the second part, its successors and assigns, shall and will yield up and deliver over unto the said LesBeee to de- ' party of the first part, its successors and assigns, isefjSgTO™' the quiet and peaceable possession of all and ration of K. siugular the premises hereby demised, and all property of every description included there- with and hereby leased in as good order, repair and condition as they now are, reasonable wear and tear thereof and casualties that may happen by fire or otherwise, only excepted. And tke said party of the first part, for its suc- cessors and assigns, hereby covenants and agrees to and with the said party of the second part, its successors and assigns, as follows, that is to say : That the said party of the first part shall and will, during the term hereby granted, purchase and take from the said party of the second part, its successors and assigns, all the mineral coal that the said party of the second part, its succes- sors and assigns, has by these presents covenanted and agreed to sell and deliver to the said party of the first part, its successors and assigns, at a price for each and every ton of twenty-two hun- 563 11 dred and forty pounds which shall be the average Mce of coaito , u .."'■^ . , ,-,. TTT.'-'be delivered to cost lor mining, preparing, handling and deliver- Thomas iron ing each and every ton of coal, of the weight aforesaid, at the said Pine Ridge Colliery, the said premises hereby demised, and at the Mill Creek and Baltimore Collieries, or mines now worked by the said party of the second part, with twenty-five cents in lawful money in addition thereto for each and every of said tons of coal, such costs of mining, preparing, handling and delivering said coal not to include any interest upon any money or capital invested, or to be invested in the business, or in mining, preparing or handling of said coal, nor any costs or ex- penses for making any improvements, or of erect- ing any buildings, machinery or structures of any kind other than for renewing anything worn out, injured or destroyed, nor any other charges or expenses, except those only that are necessarily incurred in and incident to the process of mining, preparing, delivering and handling said coal at said collieries; it being understood that the charges and expenses are to be such as have here- tofore usually been made by the said party of the second part in making up the cost of mining, preparing, handling and delivering mineral coal at said Mill Creek and Baltimore mines or col- lieries, excluding all royalties or mine rents, which cost of said coal shall be ascertained in the same manner as the cost of mining, preparing and handling coal at said Mill Creek and Baltimore mines or collieries have heretofore been arrived at by the said party of the second part, and are to V)e made up each month, from the books of ac- count kept at the office of the coal department of the business of the said party of the second part, and to be subject to adjustment at the end of each and every year of the term hereby granted, when the accounts of the said party of the second part are finally closed. 564 12 Payments. That the said party of the first part, its success- ors and assigns, shall and will, on the tenth day of each month of the term hereby granted, pay to the said party of the second part, its successors and assigns, at the prices aforesaid, to be ascer- tained as afot-esaid, for all coal delivered to and received by the said party of the first part, its successors and assigns, under and pursuant to these presents, or of any or either of the provi- sions thereof, that shall not have been previously paid for, provided the monthly statements of the amount of coal delivered and received, as afore- said, and the price thereof to be ascertained as aforesaid, shall be delivered to the said party of the first part, its successors and assigns, at least five (5) days prior thereto; and if such monthly statements shall not have been delivered, as afore- said, five (5) days prior to the said tenth day of each and every month, then within five (5) days after they shall have been delivered. That the said party of the first part, its suc- cessors and assigns, shall and will, during the term hereby granted, at its aud their own costs and expense, keep the shafts, breakers, machinery, tenements, buildings, and other property of a like nature, hereby leased, and which is included in the demise hereby made, insured against loss and damage by fire, for its and their own benefit and advantage ; and in case any of said property shall be injured or destroyed by fire, it shall be the loss of the said party of the first part, its success- ors or assigns; and it and they shall and will, at its and their own costs and expense, and without any unnecessary delay, restore and -replace the same to the same condition it now is. That in case the said Pine Ridge colliery, the LesaeeBtobe P^'^^^i^es hereby leased and demised, shall be de- dei1vOTyo™Sai ^troyed by fire during the term hereby granted, in case of Are. the Said party of the second part shall be released iQBurance on breakers and machinery. 565 13 from the delivery of coal until it shall be rebuilt or restored, and placed in the same condition it was in at the date of these presents, by the said party of the first part, its successors or assigns. That the said party of the second part, its sue- „ ,., , n . •' . T K n 1 Quantity of cessors and assi2:ns, may mme and take from thecoaitobe . , , . , o , •' , mined annually said demised premises any amount of coal, in ex- may be mcreae- jy i J? ,1 -I , •in-, ^* by ijayment cess or seventy-five thousand tons, provided it or »* adqitionai 7 i rOV8.1tl6S they shall pay the royalties or mine rents for all such excess, as hereinbefore provided for and agreed to be paid. That in case any mining or delivery of coal that the said party of the second part, its successors or assigns, is by the provisions of ^hese presents, or any of them required to be mined and de- livered, shall be unavoidably prevented by strikes strikes. or turnouts of the employees of the said party of the second part, its successors or assigns, or other casualty, that the said party of the second part, its successors and assigns, shall not during the continuance of said strikes or turnouts, or other casualty, be required to mine and deliver said coal provided the said party of the second part, its successors and assigns, shall diligently make use of all reasonable and proper means to overcome and remove such strikes, or turnouts, and other casualty; but said coal that ought to have been mined and delivered except for said difSculties shall be mined and delivered after they shall be overcome and ended,a8is hereinbefore provided for. That the said party of the first part, its suc- cessors and assigns, shall and vs^ill, during all the term hereby granted, punctually pay or cause to be paid all royalties and mine rents that are pay- able under and by virtue of all, any or either of the indentures of lease, deeds and other convey- ances hereinbefore mentioned and described, under and by virtue of which the said party of the first part holds and possesses any or all of 566 14 the premises hereby demised, and that for and during all the term hereby granted the said party of the second part, its successors and assigns, shall and may have, hold, use and occupy, possess and enjoy the said premises hereby demised and gua?lnteed. evcry part thereof, according to the true intent and meaning of these presents without any let, trouble, molestation, eviction or disturbance by, of, or from the said party of the first part, or any person or persons claiming under it, or by reason of any act or omission of the said party of the first part, its successors or assigns. And if the sad party of the second part, its successors or assigns, shall at any time during the term hereby granted be dispossessed of the said demised premises hereby leased by the lessors of the said party of the first part, or by, or through any defects in the title of the said party of the first part to said premises, the said party of the second part, its successors and assigns, shall be Lessees reieas- released and discharged from all obligations to tion todeiivir deliver coal under and by virtue of these presents coal In case of . i • , i . , • ^ i • ,i dispossession, or anything therein contained, and m case the said party of the first part, its successors or assigns, shall, at any time during the term hereby granted, make any default in the payment of the royalties or mine rents to be paid under and by virtue of the said indentures of lease, deeds of conveyance and instruments, in writing, herein- before recited and referred to, under which the said party of the first part holds or is in anywise entitled to the said demised premises, as they become due and payable, the said party of the second part, its successors and assigns, may pay the same, and the amount so paid by the said party of the second part, its successors or assigns, with interest thereon from the time of every such payment shall be paid to it or them, on demand by the said party of the first part, its successors or assigns. 567 15 And it is mutually understood and agreed by and between the parties to these presents and each party for itself, its successors and assigns, covenants and agrees to and with the other party, its successors and assigns, as follows : That all coal that shall be delivered and receiv- ed, pursuant to the provisions of these presents, shall be weighed by the said party of the second part, its successors or assigns, its or their employees or servants, upon the scales at said mines or collieries from which it shall be delivered, belong- ing to the said party of the second part, its suc- cessors or assigns ; and such weights shall be as- sumed and taken as the true weight, unless the weights of said party of the first part, its successors or assigns, shall take exception thereto, when it or they may cause such coal to be re-weighed, at or near the mines ; and that the said party of the first part, its successors and assigns, may, at all reasonable times, cause the scales of the said party of the second part to be tested and examined. That if any mistakes or errors shall have oc- curred or taken place in any or either of the monthly accounts hereinbefore provided for, by which any amount shall have been erroneously paid, or omitted to be paid, all such mistakes shall be finally adjusted and settled at the expi- ration of each year of the term hereby granted. Errors to be ad- and the amount erroneously paid, or omitted tofelr!*^**^"*"' be paid, if any, shall be refunded or paid by the party who shall have received or omitted to pay the saine, as the case may be, its successors or as- signs, to the other party, its successors or assigns. That in case of any disagreement by or between the parties to these presents, their successors or assigns, as to the true intent and meaning of these presents, or any part thereof, or of any covenant, agreement or provision therein contained, or as to 568 to arbitration. 16 auy claim, by either party, its successors or assigns, against the other party, its successors or assigns, arising or growing out of or connected with any business to be carried on and transacted under and in pursuance of these presents, or any cove- nant, agreement or provision therein contained, or as to claims under these presents which the said parties fail to recognize between themselves, all, each and every of such matters of disagreement or difference as may, from time to time, arise, ?Smute*d° shall be submitted to the arbitration of three disinterested persons, each party, its successors or assigns, choosing one person, and the two persons thus chosen to select and choose the third person, and the decision and award of any two of said three persons so to be chosen shall be final and conclusive between the said parties to these pre- sents, their successors and assigns. In "Witness Whebeof, the said parties to these presents have hereunto severally caused their re- spective corporate seals to be affixed, and these presents to be signed by their respective Presi- dents, the day and year first above written. THE THOMAS IRON CO. [seal.] By SAMUEL THOMAS, President. Attest, J. T. KNIGHT, Secretary. THE PRESIDENT, MANAGERS AND COMPANY OF THE DELAWARE & HUDSON CANAL COMPANY. [SEAL.J By THOMAS DICKSON, President. Attest, CHAS. P. HARTT, Treasurer. 569 AGREEMENT, made this th'rtietli day of October, A. D. one thousand eight hundred and sixty-three, between Edward W. Weston, of the -Borough of Providence, in the County of Luzerne and State of Pennsylvania, party of the first part, and The President Managers and Com- pany OF THE Delaware and Hudson Canal Company, party of the second part. WITNESSETH : That the said Edward W. Wes- ton, as well for and in consideration of the co\'e- nants and. agreements hereinafter mentioned, to be kept and performed by and on the part of the said party of the second part, as for and in con- sideration of the sum of one dollar to him in hand, paid by the said party of the second part, the receipt whereof is hereby acknowledged ; hath leased and doth hereby lease unto the said party of the second part, their successors and assigns, all the anthracite coal upon, or in that certain lot of land situate in said Borough adjoining lands of H. B. Rockwell and others, conveyed by Ira Tripp ^^ ^ '™' and wife to said Edward W. Weston, containing ten acres or thereabouts, be the same more or less. The coal hereby leased being contained in the two veins known as the " Diamond " and " Four- „ . , , __.,,. . _ ., - . Veins of coal. teen i^oot veins, excepting and hereby reserving so much of said coal as may be in, or upon one acre of said lands, to be located by the said party of the first part so as to include his dwelling house and out buildings. Together, with the right to enter upon and into Eight to mine.. said land, for the purpose of mining, digging and removing said coal. 570 The said party of tlie second part shall not ba held accountable or liable for any damage that fuXce? '" oiay be done to the surface of said land in con- sequence of the removing of said coal, excepting upon the one acre hereinbefore mentioned, on which the coal is reserved and is not to be mined. And the said party of the second part doth hereby promise and agree to mine from said land Sined annually in the year eighteen hundred and sixty-five (1865-), not less than ten thousand tons, and not less than ten thousand tons in each subsequent year until the coal shall have been exhausted in the " Diamond " and " Fourteen Foot " veins upon said land. And it is further agreed that if the coal in any of the veins shall not prove to be of a merchant- SS^coS'.""'" able quality, or if it becomes impracticable to mine the same in consequence of extraordinary expense in mining and cleaning said coal ; or if the vein should prove to be of such quality and thickness that the coal cannot be mined and pre- pared for market vpithout greater expense than is bestowed upon the average of the coal taken from veins at the same depth from the sui'face, worked by the said party of the second part and other parties, in the Township or Borough of Provi- dence ; then the liability of the said party of the second part to mine, take out and pay for said coal shall cease so far as said unmerchantable coal shall extend, and so far as it shall be impracti- cable to mine said coal on account of the extraor- dinary expense as hereinbefore set forth. And it is further understood and agreed that Deflcioncy in i^ c^se the quantity of coal mined and taken out fo'topaidfo?' in any one year shall fall below the quantity unmeSnt^ ^^ agreed to be taken out in such year in conse- awe quality of q^gncc of the unmerchantable quality of the coal 571 in either of ihe veins, or in consequence of increased expense and difficulty in mining and cleaning the said coal, as hereinbefore recited, or in case the said lands shall become so far exhausted as to ren- der it impracticable to mine the stipulated quan- tity in any one year ; then, in either case, the said party of the second part are only to pay for the ' quantity of coal that can be safely and economi- cally taken out. And the said party of the second part agree to Eateperton. pay for the coal mined and taken out in pur- suance of this agreement at the rate of sixteen (16) cents for every ton of twenty-two hundred and forty (2,240) pounds of clean, merchantable coal prepared for market, including "chestnut" or any coal that will pass over a mesh one-half an inch square. It being agreed, however, by and between said Sfiltfthan^ parties, that in case a less quantity than ten thou- i"'™"'™^- sand tons shall be mined from said land in any year, the price to be paid for the coal mined dur- ing such year shall be twenty (20) cents per ton. And in no case, except as hereinbefore pro- j^i„i„,„„ vide, shall the quantity mined in any one year be quantity. less than four thousand tons, and such last named quantity shall be paid for by the said party of the second part for such year, whether the same shall have been actually mined during that year or not. Provided, however, tTiat the said party of the ^^^l^\ ™^^ second part shall have the privilege of taking out without charge, at any time thereafter, a quantity of coal equal in amount to the deficiency which may have occurred and have been paid for dur- ing any previous year or years. Payments for said coal to be made monthly, in payments. cash, to the said party of the first part, his heirs, 572 or assigns, at the office of the said party of the second part, in the Borough of Providence be- tween the first and fifteenth days of each month, for all the coal mined during the preceding month. And it is further understood and agreed, that if stipulated the said party of the second part elect to do so, griScreM^a.'' they may increase the quantity beyond that stip- ulated to be mined in any one year, and at their option may diminish the quantity for any succeed- ing year or years by an amount corresponding with such increase ; provided, that in no case shall the quantity mined be less in the aggregate than is hereinbefore stipulated. And it is further understood and agreed, that in the event of a fault occurring in the said mines, or in either of the veins of coal to be worked under this agreement, the said party of the second part may give notice of such fault to Faults in mines the Said party of the first part, his heirs or assigns, when he, the said party of the first part, his heirs or assigns, may elect either to abandon that portion of the work or vein in which the said fault occurs, or to direct the said party of the second part to drive through the said fault, paying to the said party of the second part all the expenses necessarily incurred in so doing, over and above the sum of five hundred dolljars, it being understood that the said party of the second part are to pay the whole cost of driving through or removing any such fault where such co«t does not exceed five p^g^^ hundred dollars. Frovided^ however, that the said party of the second part shall not be re- quired by said party of the first part, his heirs or assigns, to drive through or remove any such fault against the judgment or advice of the Mining Engineer of the said party of the second part, except on the following conditions : The said party of the first part, his heirs or assigns, may 573 Term "Mer- make request, in writing, to have said party of the second part drive through or remove such faults in opposition to the advice of said Mining Engineer of the said party of the second part, when the said party of the second part shall pro- ceed in the work of endeavoring to remove such fault, and shall continue until said party of the first part shall decide to abandon said work, when, if the fault be not overcome the said party of the first part, his heirs or assigns, shall pay the said party of the second part the whole cost of prosecuting said work. It is further mutually understood and agreed that the term " merchantable " coal shall be un- chaSabiS^ derstood and defined as follows, to wit : The coal to be in quality as good as the average of the coal taken from the same veins and sent to market by the said party of the second part or other par- ties, mining and shipping coal in the aforesaid Township or Borough of Providence. In case of any dispute arising under any of the provisions of this agreement between the parties, Dispntestobe the matter in dispute shall be referred to three Irburation. ° disinterested persons, one to be chosen by each of the parties interested, and the persons so chosen to choose a third, and a decision of a majority of said referees shall be final and conclusive as to the matter in dispute. And it is further agreed, that the said party of „ , , ,in , -I • ,T • •! 1 Scales ana the second part shall erect scales m their railroad weighing of ■*■ . . , , coal. track at some convenient point near the mines, which scales shall be mutually approved, and • shall weigh all the coal as it is delivered or sent away in the railroad cars of the said party of the second part, and shall keep a book of the weight , of coal so weighed and sent away, which shall, at all times be subject, to the inspection of the said 51i party of the first part, his heirs and assigns, when called for. Allowance for And that in weighing said coal an allowance ice on cars, &c. g]^^]! \)q made Sufficient to compensate for wet coal, and for snow and ice that may be on the coal cars ; and that any number of pounds in the weight of a car of coal less than one hundred shall not be counted; and that any fractional part of one hundred pounds in the weight of a car shall be counted as one hundred pounds in de- ducting the weight of the car. The account of such weights shall be open to the inspection of both parties. And it is further agreed that the said party of Taxes. the first part shall pay all taxes upon the lands hereinbefore described, and the said party of the second part shall pay all taxes upon the coal to be mined under this agreement. In Witness Whereof, the said party of the first part has hereunto set his hand and seal, and the said party of the second part have caused their corporate seal to be hereunto affixed, attested by the signatures of thfir President and Treas- urer, the day and year first above written. E. W. WESTON. [seal.] GEO. TALBOT OLYPH ANT, President. Attest, I. N. Seymour, Treasurer. 575 576 577 MEMOEANDUM OF AGREEMENT, made and concluded this first day of January, A. D. one thousand eight hundred and sixty-four, be- tween WiLLAED Paricer, of the City, County and State of New York, of the first part, and The President, Managers and Company of the Del- aware AND Hudson Canal Company, of the second part : WITNESSETH : That the said party of the first part, for himself, his heirs, executors, administra- tors and assigns, as well for and in consideration of the covenants and agreements hereinafter men- tioned, to be kept and performed by and on the part of the said party of the second part, as for and in consideration of the sum of one dollar to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged ; hath leased and doth hereby lease unto the said The President, Managers and Company of the Dela- ware and Hudson Canal Company, their succes- sors and assigns, all the coal contained in, on or under that certain piece or parcel of land, situate, lying and being in the Borough and Township of Providence, County of Luzeine and State of Penn- sylvania, described as follows, to wit : Beginning at a hemlock on the bank of the Lackawanna river ; thence north eighty and a half degrees, west twenty-two perches ; thence north sixty-four and three-quarter degrees, west twenty-five per- ches and one-tenth of a perch ; thence north fifty- four and three-quarter degrees, west along land of Judson Clark, three hundred and thirty-five perches' to a pos|i corner; thence along other lands of said Judson Clark, south thirty-four and Description. 578 one-quarter degrees, west seventy-two and seven- tenths of a perch, to a hemlock corner ; thence south fifty-eight and one-half degrees, east along lands of the estate of Henry Hermans, deceased, three hundred and thirty-four perches, to a pine stump ; thence south eighty degrees, east eighty six perches and five-tenths of a perch, to a corner on the Lackawanna river, aforesaid ; and thence along said river, north fifteen "degrees, east forty- three perches and five-tenths of a perch, to the place of beginning ; containing one hundred and forty-six acres and twenty-seven perches, strict measure ; being the same premises which, among other lands were granted by the Commonwealth of Pennsylvania, by patent, dated the seventh day of February, A. D. 1807, and enrolled in Patent Book 60, page 14, to Elijah Hunter, and which by divers mesne, conveyances and assur- ances in the law, good, valid and efifectual have become vested in the said Calvin Spencer in fee. Said coal supposed to be contained in the veins known and designated as the " Diamond," " Four- teen Foot " and " Clark " veins, but in any event to include all the coal that can be economically mined or taken out from the above described premises. Together with" the right to enter upon and into said lands, and to dig, mine and remove said coal through or out of any shafts, slopes or tunnels they may dig, erect or construct upon the prem- ises. And the said party of the first part further hereby leases and grants to said party of the second part, their successors and assigns, without charge, the right of way for all railroads, turn-outs, Eight of way. switches, slopes, tunnels, mine roads, wagon roads, ditches and drains, they may find it ne- cessary to construct across or upon said tract, with the right to erect dams upon the- siu-face, and to use and enjoy the waters of Leggett's Veins of coal. Bight to mine, &c. 579 3 Creek and its tributaries, for the proper mining of said coal ; also the use of land for digging all air shafts that they may consider necessary, with the right to dig the same. And, also, the use of all the land they may re- quire for the purpose of erecting repair shops, or repair^BiSpV" any other shops or buildings they may deem ne- *"■ cessary for the prosecution of their business ; to- gether with land for piling coal or culm, and all other appurtenances they may require for mining, receiving, removing, cleaning, screening, dumping, storing, preparing and forwarding the coal to be . mined under this agreement. Together with the right to take, without charge, by quarrying or otherwise from said land, all the stone, earth and other materials they may find it necessary to use in the erection of their buildings, or in the con- struction of their railroad and other appurten- ances. The said party of the second part shall not be held accountable, under any circumstances, for any damage that may be done to the surface of said land, by the mining, preparing and remov- ing said coal. And the said party of the second part, their successors and assigns, doth hereby promise and agree, to mine from said land in the year 1864, Quantity to be not less than ten thousand tons ; in the year 1865, ™°^ ''™''* ^' not less than ten thousand tons ; in the year 1866, not less than twenty thousand tons ; in the year 1867, and in each and every year thereafter, not less than thirty thousand tons. It being under- stood that the said party of the second part is to pay for thirty thousand tons in each and every year, whether the same shall actually be taken out in such year or not ; provided, that the party of the first part may, at his option, elect to receive inter- est at the rate of seven per centum per annum upon such sums as the deficiencies shall amount to. 580 Provided, that the party of the second part shall not have been relieved from liability to mine said coal in whole or in part, as is hereinafter men- tioned ; and provided further, that the said party of the second part shall have the privilege of taking out, without charge, at any time thereafter, a quantity of coal equal in amount to the defi- ciency they may have paid for in any previous year or years. unmeichant- And it is furthcr aOTeed, that if the coal in any of the veins shall not prove to be of a merchant- able quality, or if it becomes impracticable to mine the same in consequence of extraordinary expense in mining and cleaning said coal, or if the vein should prove to be of such quality and thickness that the coal cannot be mined and prepared for market, without greater expense than is bestowed upon coal taken from the same veins in the mines of the party of the second part, for the time then being, then the liability of the said party of the second part, to mine, take "and pay for said coal shall cease. And it is further understood and agreed, that in case the quantity of coal mined and taken out in any one year shall fall below the quantity agreed to be taken out in such year in con- sequence of the unmerchantable quality of the coal in any of the veins, or in consequence of in- creased expense and difficulty in mining and cleaning the said coal as hereinbefore recited, or in case the said land shall become so far exhaust- ed as to render it impracticable or unprofitable to mine the stipulated quantity in any one year, then, in either case, the said party of the second part are only to pay for the quantity of coal that can be safely and economically taken out. And the said party of the second part agree to pay for the coal mined and taken out in pursuance 581 of this agreement, at the rate of twelve and a half (12k) cents for every ton of twenty-two ^^'"P'"'""- hundred and forty (2240) pounds of clean, mer- chantable coal, exclusive of culm or mine waste that will pass through a mesh of one-half inch square. Payments to be made monthly, in cash, for coal payments. mined during the preceding month to the said party of the first part, his heirs and assigns, at the pay ofiice of the party of the second part. The said party of the second part shall erect soaiesand scales in their railroad track at some convenient 3 "^ ° point near the mines, which scales shall be mutu- ally approved. That in weighing said coal an allowance shall be made sufficient to compensate . for ice or snow that may be on the coal cars, and for wet coal, and any number of pounds in the weight of a car of coal less than one hundred pounds shall not be counted, and any fractional part of a hundred pounds in the weight of a car shall be counted as one hundred pounds in. de- ducting the weight of the car. The account of such weight shall be open to the inspection of both parties. The cars herein contemplated carry an average of about five tons of coal. And it is further understood and agreed, that gupniated if the said party of the second part elect to do so, gg^crJas^^ they may increase the quantity beyond that stip- ulated to be mined in any one year, and at their option may diminish the quantity for any succeed- ing year or years, by an amount corresponding with such increase, provided that the quantity mined shall not be less in the aggregate than is hereinbefore stipulated. And it is further agreed, that in the event of a ^^y^^g_ fault occuring in the said mines, or in any of the 582 Removal of faults. Term " mer- ohantaWe" defined. veins of coal to be worked under this agreement, the said party of the second part may give notice of such fault, to the said party of the first part, his heirs or assigns, when he, the said party of the first part, his heirs or assigns, may elect either to abandon that portion of the work or vein when such fault occurs, or to direct the said party of the second part to drive through the said fault, paying to the said party of the second part all the expenses necessarily incurred in so doing, over and above the sum of five hundred dollars ($500), it being understood that the said party of the second part are to pay the whole cost of driving thi'ough, or removing any such fault, where such cost does not exceed five hundred dollars (|500); provided, however, that the said party of the second part shall not be required by the said party of the first part, his heirs, or assigns, to drive through, or remove any such fault, against the judgement or advice of the mining Engineer of the said party of the second part, except on the following conditions. The said party of the first part, his heirs or assigns, may make request in writing, to have said party of the second part, drive through, or remove such fault in opposition to the advice of said mining Engineer of the said party of the second part, when the said party of the second part shall proceed in the work of endeavoring to remove such fault, and shall continue until the said party of the first part shall decide to abandon said work, when if the fault be not overcome, the said party of the first part, his heirs or assigns, shall pay the said party of the second part, the whole cost of prosecuting said work. Tt is further mutually understood and agreed, that the term " merchantable coal " shall be understood and defined as follows, to wit : That all coal to be mined under this agreement, shall be with the same expense of mining and cleanir^g 583 of as good quality as the average of the coal taken from other mines of, and sent to market by the said party of the second part, and that it shall be subject to the inspection of the Superintendent of inspection, tbe said party of the second part, or such other person as they may employ for that pui-pose; provided^ however, that if the said party of the first part, deem the inspection captious and unreasonable, the points in dispute shall be referred to three disinterested parties, one of whom shall be chosen of each of the parties to this agreement, the parties so chosen shall select a third, and the decision of said referees shall be final and con- clusive, and binding upon both, parties. And it is further agreed and understood, that the party of the second part, their successors and Duration of assigns, may use and occupy the rights and priviledges hereby granted, and the openings, buildings, fixtures, and appurtenances made and constructed by them, tor the mining, preparing and forwarding of coal under this agreement ; for the mining, preparing and forwarding of coal from any adjoining or contiguous lands, until all the lands they desire to take coal from, and that can be mined and taken out through said open- ings, shafts and slopes, shall be exhausted. That the said party of the second part, their successors and assigns, shall have the right -to Eight to re- rebuild, reconstruct, or remove, any or all of their flxtors'X!""^^ buildings, fixtures, machinery, appurtenances and improvements, during the continuance of this agreement, and until all the coal in the adjoining and contiguous lands that can be vrorked from their openings, slopes, shafts and tunnels, shall have been worked out. The removal of buildings, fixtures and apputenances to be made w^ithin a reasonable time after the lands shall have been exhausted. 584 That the said party of the first part, his heirs Taxes. ^^^ assigus, shall pay all taxes on lands hereby leased, and the party of the second part, their successors and assigns, all taxes upon their build- ings and improvements. Ai'Mtration. It is further agreed and understood, that in case any dispute shall arise in regard to the provisions of this contract, such dispute shall be submitted to three disinterested parties, one to be chosen by each party to this agreement, and they two shall select a third, and the decision of said referees shall be final, conclusive, and binding upon both parties. In Witness Whereof, the said party of the first part has hereunto set his hand and seal, and the said party of the second part, have caused their corporate seal to be hereunto affixed, attested by the signatures of their President and Treasurer, the day and year first above written. [seal.] WILLARD PAEKER. In presence of \ BENJAMIN H. THROOP, ' THOS. DICKSON. [seal.] GEO. TALBOT OLYPHANT, Fresident. Attest, I. K SEYMOUE, Treasurer. 585 MEMORANDUM OF AGREEMENT made and concluded this 28tli day of March, A. D. 1864, between George C. Geket and Augusta G. Genet, his wife, of the City, County and State of New York of the first part, and The Peesidewt, Managers and Company oe the Delaware and Hudson Canal Company, of the second part : WITNESSETH, that the said parties of the first part for themselves, their heirs, executors, admin- istrators, and assigns, as well for and in considera- tion of the covenants and agreements hereinafter mentioned to be kept and performed by and on the part o:l^ the said party of the second part, as for and in consideration of the sum of one dollar to each of them in hand paid by the said party of the second part, the receipt whereof is hereby ac- knowledged ; hath leased, and doth hereby lease unto the said the President, Managers and Com- pany of the Delaware and Hudson Canal Com- pany, their successors and assigns, all the coal contained in, on, or under that certain piece or parcel of land situate, lying and being in the Borough and Township of Providence, County ofDescription. Luzerne and State of Pennsylvania, described as follows, to wit : Being part of Lot No. 22, in the certified Township of Providence, beginning at a post on an island in the centre of the Lackawan- na River, thence north 52 degrees, west 54 perches, along the line of Samuel Steven's land to a post on the north-west side of the Carbondale and Providence Plank Road, thence along the north-west side of said road, south 55m degrees, west 12.2 perches, to a corner, thence north 32 de- 586 grees, west 16.8 perches, to a corner, thence north 38 degrees, east 6.1 perches, to a corner in line of Samuel Steven's land, thence along said line north 52 degrees, west 201.2 perches, to a corner by " marked white oak," thence sonth 38 degrees, west 39 perches, to a corner post by white pine tree, thence south 52 degrees, east 5.1 perches, to a post, thence south 38 degrees, west 39J^ perches, to the line of Judson Clark's land, thence along said Judson Clark's line south 54M degrees, east 229.7 perches, to a post and stones north- west side of the Plank Road aforesaid, thence north 83/^ degrees, east 28.2 perches, to the cen- tre of the Lackawanna River aforesaid, and thence up the centre of said River to the place of begin- ning — containing 123 acres and 15 perches, ex- cepting and reserving therefrom one acre for the use of Hannah Hutchings, her heirs and assigns forever, as now occupied by her. Also fiii'ther 34 acres 'eserT- g^^^p^- j^g ^^^ reserving 24 acres strict measure on the north-west side of said lot, conveyed to Abel Bennett, Jr., on the 4th day of July, 1855. Ref- erence thereunto being had will fully show. The herein described tract being the same that was conveyed to John McDonnell by Joseph Hutch- ins and Susannah Hutchins, his wife, by deed, and recorded in the office for recording of deeds in and for the County of Luzerne, in Deed Book, No. 29, page 482. Said coal supposed to be contained in the veins known and designated as the "Diamond," " Fourteen Foot " and " Clark " veins, but in any event to include all the coal that can be economi- cally mined or taken out from the above described premises, together with the right to enter upon fnfremOTe^^^and luto Said lauds, and to dig and mine and re- "°*'- move said coal through or out of any shafts, slopes or tunnels they may dig, erect or construct upon the premises, and the said parties of the first part further hereby lease and grant to said party of the second part their successors and assigns with- 587 out charge the right of way for all railroads, turn- ^'s''' °* ^°^- outs, switches, slopes, tunnels, mine roads, wagon roads, ditches and drains they may find it neces- sary to construct across or upon said tract, with the right to erect drains upon the surface for the proper mining of said coal. Also the use of land for digging all air shafts that they may consider necessary, with the right to dig the same, and also uee of land tor the use of all the land they may require for the^"^'^"'^''*'- purpose of erecting repair shops, or any other shops or buildings they may deem necessary for the prosecution of their business, together with lands for piling coal or culm, and all other appur- tenances they may requir-e for mining, receiving, removing, cleaning, screening, dumping, storing, preparing and forwarding the coal to be mined under this Agreement. Together with the right to take without charge by quarrying or otherwise from said land all the stone, earth, and other ma- terials they may find it necessary to use in the erection of their buildings, or in the construction of their railroads and other appurtenances. The said party of the second part shall not be held accountable under any circumstances for any dam.- Damage to sur- ages that may be done to the surface of said land '"'^' by the mining, preparing and removing said coal. And the said party of the second part their successors and assigns, doth hereby promise and aOTee to mine from said land in the year 1864, not Quantity to be less than 10,000 tons of coal, m the year 1865 not less than 10,000 tons, and 20,000 tons in each and every year thereafter. It being understood that the said party of the second part is to pay for 10,000 tons in each and every year, whether the same shall be actually taken out in such year or not, and that in case the maximum quantity of 20,000 tons in 1866, is not taken out, or any sub- sequent year, interest at the rate of 7 per cent per annum shall be paid by the said party of the sec- 586 ond part to the said parties of the first part, their heirs or assigns upon such sums as the deficiencies shall amount to, said interest to loe continued un- til the full quantity agreed to be taken out as aforesaid shall be reached, pro^-ided that the said party of the second part shall not have been re- lieved from the liability to mine said coal, in whole or in part, as is hereinafter mentioned ; and provided further that the said party of the second part shall have the privilege of taking out, with- out charge, at any time thereafter, a quantity of coal equal in amount to the deficiency they may have paid for in any previous year or years. And it is further agreed that if the coal in any abi"coai.*°'" of the veius shall not prove to be of a merchanta- ble quality, or if it becomes impracticable to mine the same, in consequence of extraordinary expense in mining and cleaning said coal, or if the veins should prove to be of such quality and thickness that the coal cannot he mined and prepared for market, without greater expense than is bestowed upon coal taken from the same veins in the mines of the party of the second part, for the time then being, then the liability of the said party of the second part to mine, take and pay for said coal shall cease. ^ Deflcieno n ^^^ ^^ ^^ furthcr uuderstood and agreed, that to be paid for in case th^ quantity of coal mined and taken out iinmerchant- in any year, shall fall below the quantity agreed able quality of , t '' ,•' ■• , •■ ^ .^ Jo coal. to be taken out in such year, m consequence oi the unmerchantable quality of the coal in any of the veins, or in consequence of increased expense and difficulty in mining, and cleaning the said coal as hereinbefore recited, or in case the said land shall become so far exhausted, as to render it impracticable, or unprofitable to mine the stipu- lated quantity in any one year, then in either case the said party of the second part, are only to pay 589 . ice on care. for tlie qiaa)itity of coal ttat can b,e safely and economically taken out. And the said party of tlie second part, agree to pay for tlie coal mined, and taken out in pur- suance of tMs Agreement at the rate of 123^ cents Kate per ton. for every ton of 2240 pounds of clean, merchanta- ble coal, exclusive of culm or mine waste that will pass through a mesh one half inch square. Payments to be made monthly in cash for coal mined during the preceding month, to the said^*^™*^' parties of the first part, their heirs and assigns, at the Pay Office of the party of the second part. The said party of the second part, shall erect scales in their railroad at some convenient point ^'^^^' near the mines, which scales shall be mutually approved. That in weighing said coal an allow- ance shall be made sufficient to compensate for ice Allowance for or snow that may be on the coal cars, and for wet' coal. And any number of pounds in the weight of a car of coal less than one hundred shall not be counted ; and any fractional part of a hundred pounds in the weight of a car shall be counted one hundred pounds in deducting the weight of the car. The account of such weight shall be open to the inspection of both parties. And it is further understood and agreed, that if the said party of the second part, elecj; to do so they may increase the quantity beyond that stipu-jimimnmqnan- lated, to be mined in any one year, and at their ^j*^^^^"^^^"- option may diminish the quantity for any succeed- ing year or years, by any amount corresponding with such increase, provided that the quantity mined shall not be less in the aggregate than is hereinbefore stipulated. And it is further agreed, that in the event ofEemovaiof „ , . • , T • T • • ^faults. a fault occurring in the said mines, or m any of 590 6 the veins of coal to be -worked under this agree- ment, the said party of the second part, may give notice of such a fault to the said parties of the first part, their heirs and assigns, when they, the said parties of the fir^t part, their heirs and as- signs, may elect either to abandon that portion of the work or vein, in which said fault occurs, or to direct the said party of the second part, to drive through the said fault, paying to the said party of the second part, all the expense necessarily incur- red in so doing, over and above the sum of $500, it being understood that the said party of the second part, are to pay the whole cost in driving through, or removing any such fault when such cost does not exceed $500. Provided, however, that the said party of the second part, shall not be required by the said party of the first part, their heirs or assigns, to drive through or remove any such fault against the judgment or advice of the mining engineer of the said party of the sec- ond part, except on the following conditions to wit : The said parties of the first part, their heirs or assigns, shall make request in writing to have said party of the second part, drive through, or remove such fault in opposition to the advice of said Mining Engineer of the said party of the second part, when the said party of the second part shall proceed in the work of endeavoring to remove such fault, and shall continue until said parties of the first part shall decide to abandon said work, when if the fault be not overcome the said parties of the first part, their heirs or assigns, shall pay the said party of the second part, the whole cost of proseciiting said work. It is farther mutually understood and agreed, iej^d!'^"^'" *^^* *^^ ^^^™ "merchantable" coal shall be un- derstood and defined as follows, to wit : That all coal mined under this agreement, shall be with the same expense of mining and cleaning of as Term "Mer- 591 I Duration of good quality as tlie average of the coal taken from other mines of, and sent to market by the said party of the second part, and that it shall he subject to the inspection of the Superintendent of the said party of the second part, or such other persons as they may employ for that purpose, whose decision as to the quality of said coal shall be final and conclusive. And it is further agreed and understood, that the party of the second part, their successors and assigns, may use and occupy the rights and privil- eges hereby gr^inted, and the openings, buildings, fixtures, and appurtenances made and constructed lea™" by them for the mining, preparing and forward- ing coal under this agreement, for the mining, preparing and forvrarding coal from any adjoining or contiguous lands, until all ' the lands that they desire to take coal from, and that can be mined and taken out through said openings, shafts, and slopes shall be exhausted. That the party of the second part, their successors and assigns, shall have the right to rebuild, reconstruct, or remove orfemo°Ye^fl^* any or all of the buildings, fixtures, machinery,*"®^" appurtenances, and improvements during the con- tinuance of this agreement, and until the coal in the adjoining and contiguous lands that can be worked from their openings, slopes, shafts, and tunnels shall have been worked out. The re- moval of buildings, fixtures and appurtenances to be made within a reasonable time after the lands shall have been exhausted. That the parties of the first part, their heirs and assigns, shall pay all taxes on lands hereby leased, and the said Taxes, party of the second part, their successors and as- signs, all taxes upon the buildings and improve- ments. 592 In Witness Whekeof, the said parties of the first part have hereunto set their hands and seals, and the said party of the second part, have caused their corporate seal to be hereunto affixed, attest- ed by the signatures of their President and Treasurer, the day and year first above written. Signed, GEO. C. GENET. AUGUSTA G. GENET. GEO. TALBOT OLYPHANT, President. Attest : I. N. Setmotte, [seal.] Treaswrer. 593 THIS INDENTURE, made tte 25th day of May, in the year of our Lord 1865, between John W. HoLLENBACK, of the Borough of Wilkesbarre, County of Luzerne, and State of Pennsylvania, of the one part, and Thomas F. Atherton, Cpiaeles Pakeish and Lazarus D. Shoemaker, all of the same place, of the other part. Witnesseth : J^wst. — ^That the said John W. HoUenback, for and in consideration of the covenants of the said Thomas, Charles and La,zarus, hereinafter men- tioned, doth hereby lease and let unto the said Thomas F. Atherton, Charles Parrish and Lazarus D. Shoemaker, their heirs, executors, administra- tors and assigns, all the coal lying in, under and upon all that certain tract or piece of land , situate in Plaine Township, Luzerne County, Pennsyl- vania, owned by the said John W. HoUenback, and located east of a certain road, running from the school-house, near the mill of John W. Hol- lenback, past the house of Charles Miner, and be- tween said road and the Township line, being the parts of lots numbers 16, 17 and 18 of the Third Division of certified Wilkesbarre Township, east of said road owned by John W. HoUenback, and containing five hundred acres, or thereabouts, to- gether with the use of all the surface of said tract ^^^°'^™''"=«' lying east of said road, that may be required and necessary for miners' houses, openings, railroads, roads, breaker or breakers, and for deposit of dirt, waste or culm, and for such other houses, stables, erections and buildings, as may be necessary in carrying on the mining operations contemplated and provided for under this lease, and together,jjig^ttoinine. also, with the right to open, mine, and remove ' DeBcripUou. 594 the coal from the aforesaid three lots of land, situated between the said miners' road and the Township line, from, under and through the sur- face thereof, and to make and sink a slope or slopes, a shaft or shafts, and to make all neces- sary tunnels and drifts, and generally to carry on all operations necessary for the mining and re- moving of said coal, as the said lessor might carry on the same ; and together, also, with the right to Umber*" ™* cut and use all timber from said portion of said three lots of land, necessary and required for mining purposes and railroad -ties, without charge therefor; and also, to cut and use timber necessary and re- quired for breakers, houses and other buildings of said premises, but not in any way to cut any tim- ber for sawing purposes, or to be used on any other premises or property. To have and to Jwld the estate and privileges hereby leased, with improvements that may be erected and made by said lessees, with the appur- tenances, unto the said Thomas F. Atherton, Duration of con Charles Parrish and Lazarus D. Shoemaker, their heirs, executors, administrators and assigns, from the first day of April, in the year 1865, for and during the period and term of twenty years fully, to be ended on the first day of April, A. D. 1885, unless the said term shall be sooner ended under the provisions hereinafter contained. Second. — And the said Thomas F. Atherton, Charles Parrish and Lazarus D. Shoemaker, in consideration of the aforesaid covenants of the said John W. Hollenback, hereby covenant and agree to pay to the said John W. Hollenback, his Annual rental ^^^^^i executors, administrators and assigns, the after April iBt, aunual rental of $6,000, for every year of said term after the 1st day of April, A. D. 1867, to be paid in quarterly installments of $1,500 each, on the first days of July, October, January and April in each and every year of said tferm, after 595 said first day of April, A. D. 1867, to be dis- trained for, if by the party of the first part deemed expedient, for which annual payment of $6,000, the said parties of the second part may mine andcSnutcoaito remove from said premises 30,000 tons of coal of"^™"""^' 2,240 pounds each, of a size which will pass over a screen of ?^ square inch mesh, and if the said rent is in any one year, and during that year, less than 30,000 tons of coal, of the pounds and size aforesaid, be mined and removed, the said party of the second part may mine and remove sufficient Deficiency m coal in any subsequent year, during the term oi maT te^^m^ued this lease, to make up the deficit for 'the yeai inquent^ye™ °^" which less than the above mentioned yeavly quan- tity may be mined and removed. And the said parties of the second part further agree to pay, at th6 time of payment of the quarterly installments fof'SclBs. above named, at the rate of 15 cents per ton, of the pounds aforesaid, for all coal of the size afore- said, mined and removed from the premises afore- said, during the three months preceding the time above fixed for payment, over and above 7,500 tons. Third. — And the said parties of the second T?a-#-p for fOfll part further agree to pay, on the first day of April, mined previous A. D. 1867, for all coal mined and removed from said premises before the said first day of April, A. D. 1867, at the rate of 15 cents per ton, of the pounds and size aforesaid. JToui'th. — And the said parties of the second part further agree to pay on the first day of April fi^^^''*^'"'' in each and every year of said term, for all tim- ber cut and used for breakers, houses, or other buildings on said premises, at the rate of five dollars per thousand feet, board measure, to be ascertained in the log when cut, or when the same is used in the buildings, as the §aid lessor may prefer. 5d6 Fifth. — And the said parties of the second part farther agree to make all proper and necessary openings to the coal on said premises, and to m1nesre?ec?'°malie all uecessarj improveriients for the develop- miners- houses, ^jgjj^ of the property, so that the same shall be of a capacity to produce, prepare and ship, at lease, 30,000 tons, of coal annually, and to erect, at least, ten blocks of double miners' houses on the pre- mises, and that the same shall be completed to said capacity, and said houses erected by the 1st day of April, A. D. 1869; and it is distinctly understood and agreed, that time in this last covenant is hereby expressly made material, and that if said last covenant is not fully complied with by the said 1st day of April, A. D. 1869, vow,Tn case o? that this lease shall be absolutely void and ended, non-compliance iim-iin , -\ -j i With this stipu- and shall. With all rents and moneys paid, and all improvements made, be absolutely and entire- ly forfeited, and the said party of the first part shall be at liberty to take possession of the said premises, and of all improvements made thereon without objection, let or hindrance. Sixth. — And it is further understood and agreed that the said party of the first part shall select MtTsite fOT^'*^^ place of the location of the miners' houses to breaklr3''&T^' ^^ crectcd on said premises, and that in the loca- tion of the openings, machinery and breakers, the said party of the first part shall be consulted, and if any disagreement shall occur as to the lo- cation- of the same, or any of them, such location shall be determined by the mining engineer of the said party of the first part for the time being, and the mining engineer of the said parties of the second part for the time being, and if the said mining engineers disagree, they shall, in the event of a. failure of the said" parties hereto to make an to^e"o***f"ilu?e, appointment, designate an umpire, and the award tocaXn? "''°° and finding of .said engineers and the umpire, if appointed, or a majority of them, shall be final 597 and conclusive between the parties, but in fixing the location of the openings and improvements, the said engineers and umpire shall take into ac- count that the construction of said openings and improvements are an essential part of the consid- eration of this lease, and shall so locate the -same as on the one part to insure a fair development of the coal on the tract hereby leased for all future mining purposes, and on the other hand, to ac- commodate the interests of the lessees, for the term of this lease. Seventh. — And it is further understood and agreed that the said party of the first part shall, at all reasonable and proper times, have free and ^^^^^^ ^ ^^^^ uninterrupted access to the mines, and to the fr?e access to .. ,*. . -. 1 -, 1 n ,1 • -\ mines and ac- minmg, shipping and sales books oi the said par- counts, ties of the second part, and generally shall have all necessary facilities for ascertaining the amount of coal mined and removed under this lease, and for inspecting the mode of mining, and the condi- tion of the mines and works. Eighth. — And it is further understood and agreed that all Government imposts, and United ^^^^^ States and State and Local taxes hereafter as- sessed upon the improvements, and upon the por- tions of said premises occupied or used by the said lessees, are to be paid by the said lessees, and that all Government, United States or State taxes or imposts on the coal mined under this lease, shall be paid by said lessees. Ninth. — And it is further understood and agreed that at the expiration of the term of this lease, the miners' houses, breakers, machinery and J^'beJomrthe all other buildings and improvements erected f^p^^'y^J^j^^^j and made under this lease on said premises, f^|^'™*'°"°' under or upon the surface, shall be owned by and absolutely vested in the said party of the 598 first part, his Leirs aiad" assigns, lie or they pay- ing to the said parties of the second part, their executors, administrators or assigns, the then actual value of the buildings and outside im- provements to be fixed by appraisement, not to exceed in the aggregate the sum of $40,000, tiontobnifow-but no payment is to be made for openings or opeiingB™&c^ ^^y itnprovements under the surface, or in the mines, but it is understood and agreed that the said John W. HoUenback, his heirs or assigns, may, at his or their option, instead of paying the aforesaid value of the said outside improvements, not exceeding $40,000 at the end of said term, tenTiea™Ttee elect to cxteud said lease for the additional term payment fOT"im- of three ycars, from the said 1st day of April, provements. j^ jy jggg^ durlug whlch Said three additional years the coal mined therein shall be paid for at Bate to be paid the rate of 25 cents per ton of the pounds and toing^'eSenlu sizes aforcsaid, of which ten cents per ton shall edterm. ^^ j)SLid over quarterly, as aforesaid, to the said John W. Hollenback, his heirs or assigns, and Lessee to retain the balaucc of 15 ccuts per ton shall be applied SpaymenVfSrto the payment of the appraised value of the said fixtures, &c. Q^tside improvements, not exceeding the said sum of $40,000, and if the said 15 cents per ton shall exceed the appraised value of the said out- side improvements, such excess shall, after such appraised value is refunded, be paid over to the said lessor, his heirs or assigns, quarterly, as aforesaid, and in case the said lessor, his heirs or assigns, shall elect to add the three years to said term for the purpose and under the terms afore- said, he or they shall give the said lessees,. their Lessor to giveheirs, executors, administrators or assigns, notice, notice, in writ- • • , • n n i , • , t , ing, of iiis in-in writmg, ot such election at least one year teSd "lease/''" bcfore the 1st day of April, A. D. 1885, and in case such notice is given the said outside improve- ments shall be appraised, as' aforesaid, before the ?r"^lement?^" Said lst_ day of April,_ A. D. 1885, and the said lessor, his heirs, or assigns, shall be free from all 599 liability to pay for tlie appraised value of the outside improvements in any other way than by the application of the said fifteen cents per ton of the coal mined during the said three additional years thereto, and if the said lessees, their heirs, executors, administrators or assigns, shall, on said notice being given, decline, in writing, to to accept extend concede to the said extension of said lease for thT improve^-' said three years on the terms aforesaid, then and Sime^roperty" • 1 1 1 • ' i? ' 1 • J of lessor, with- in such case the possession oi said premises and out compensa- of all improvements thereon shall, at the end of"""" said term, be delivered over to said lessor, his heirs or assigns, without any charge for any im- provements whatsoever. And in case said lessees, their heirs, executors, administrators or assigns, shall accept such extension of the term and retain the said premises for such additional three years on the terms aforesaid, then and in such case at in case of ac- the end of such additional three years. the said sle'^no^further 1 Ti - ± J.1 1 n 1 compensation to premises and ail improvements thereon shall bete paia for iix- TT 1 , '11 I'l' • tares, than is al- delivered over to said lessor, his heirs or assigns, reaa^ provided ,11 1 - 11 J. in this article. m good order and repair, reasonable wear, tear and casualties excepted, without any charge or payment for any of said improvements. Tenth. — And it is further understood and agreed that the mining operations on said premises, under this lease, shall be carried on and conducted Mining opera , T 1 , • 1 T 1 1 tions to be con throughout m a workmanlike and secure manner, ducted in a T .'-',, 1 .TT -. . , workmanlike leaving the usual pillars and proper supports to manner. protect the mines, and that if at the expiration of the term of this lease, from whatever cause, the said mines and improvements shall be left in as good order and condition for their future mining, as prudent operators would leave the same, were they entitled to continue mining for a series of years, and in such order and condition, shall de- liver possession to the said party of the first part, his heirs or assigns. 600 8 Eleventh. — And it is further understood and agreed that the said lessees shall not be liable for Damage to snr- o, -, f ,^ i^ -it • !• aA face. any damage by reason oi the laJJmg m oi the surface, from the effect of mining out the coal in the usual and workmanlike manner of mining the same. Twelfth. — And it is further understood and agreed, that if at any time an installment of rent, or any part thereof, shall become due and remain unpaid for the space of ninety days, or if the „ „ . covenants of the fifth clause of this lease shall Penalty m case t n • i i • • i of default in xiot bc compiicd With, then, in either case, the payment. \ -, a i • • i said party ol the first part may, at his option, de- clare the term of this lease at an end, and there- upon all the rights of the said parties of the second part, their heirs, executors, administrators or as- signs, under this instrument, shall absolutely cease and be determined, and the said party of the first part, his heirs or assigns, may resume posssession of the premises, with th^ improvements and appurtenances, by legal process or summarily, and without legal process at his or their option, and in case a cause of forfeiture shall arise under this clause, by reason of nonpayment of rent, and such cause shall expressly, or by implication be waived and the forfeiture shall not be enforced, the right of forfeiture shall be reserved, and be enforced whenever and so often as new cause, by nonpayment of a future installment for the period aforesaid, shall arise. Thirteenth. — And it is further understood and move'aVrom ad- agreed that no coal from other lands adjoining feHgh''8"'°p each, and every year of said term after the 1st day of April, A. D. 1867, to be delivered at the works on said premises as called for during the year, the said party of the first part, his heirs or assigns, paying for such 100 tons, the cost of min- ing and preparing the same, not to exceed, how- ever, $1.25 per ton of the pounds aforesaid, and to be of the size or sizes that the said party of the first part, his heirs or assigns may select, it being understood that if, in any one year, less than 100 tons is demanded, the deficit shall not be claimed in any subsequent year; the 100 tons per year to be delivered only, if demanded, in each current year of the term from the 1st of April, 1867. Fifteenth. — And it is understood and agreed that all coal passing through a five-eighths inch ^^ '"'*'■ square mesh shall belong to the parties of the second part, their heirs, executors, administrators or assigns, without charge therefor. Sixtee7ith.. — And it is understood and agreed that if a Company shall be formed by the said parties of the second part, their heirs, executors, administrators or assigns, and this lease is as- Lease may be signed to such Company formed, or to any exist- co^ny/fom- ing Corporation, that in such case the said party to aVeSstinl of the first part, his heirs or assigns, shall iQQi^.<'°'P°'^**i°"- only to the corporation to which such assignment or transfer shall be made for fulfillment of the ' covenants of this lease, and that the said parties in case of as- of the second part shall thereupon be free fromielse^i^sseesto all personal responsibility under the covenants p"sona]%-™™ herein contained. The said parties of the second ^p""^'''"''*^- part, however, in such assignment and transfer. 602 10 cqrijoration re- taking a Ml and (listinct covenant from such cor- ceiving assign- p , SkntiorfaitMui P^^^^^*^^» ^^ wnom such assignment or transfer performance of may be made, to well and truly perform, observe and faithfully keep all the covenants and agree- ments herein contained. And the parties hereto mutually covenant and part*^"ie°Be,^B! agree to and with each other for themselves and their heirs, executors, administrators and assigns, well and truly to perform, observe and faithfully keep all the agreements, covenants and stipula- tions hereinabove contained. In Witness Whekeof, the said parties have hereunto set their hands and seals the day and year herein first above written. (Signed), JOHN W. HOLLENBACK, THOMAS F. ATHERTON, CHAELES PAEEISH, LAZAEUS D. SHOEMAKEE. 603 11 Thomas F. Ath- KNOW ALL MEN BY THESE PRESENTS, ttat I, Thomas F. Atherton, of the Borougli of Wilkesbarre, Luzerne County, Pennsylvania, for and in consideration of the sum of $5,000, lawful _ money of the United States of America, unto meer°o"rassitn° well and truly paid by John Henky Swoyee, of "wSyer." the said Borough, the receipt whereof is hereby acknowledged, have granted, assigned, transferred, set over and conveyed, and by these presents, do grant, assign, transfer, set over and convey unto the said John Hewey Swoyer, his heirs, executors, administrators and assigns, all my right, title, in- terest in, unto or under the foregoing Indenture or Lease of John W. Hollenback, with Thomas F. Atheeton, Charles Pareish and Lazaeus D. Shoemakee, dated 25th of May, A. D. 1865, and all my interest in the term therein mentioned, or in and to the lands, right and privilege therein described and mentioned, with the appurtenances. To have and to hold the said term, and all my right, title and interest in and under said lease, or in or unto said lands, rights and privileges, as fully as the same is vested in me under said In- denture, to and for the only benefit and use of the said John Henry Swoyer, his heirs, executors, ad- ministrators and assigns, subject to the payment of the rents reserved, and the true and faithful performance of all the covenants, stipulations and agreements in said Indenture mentioned and con- tained. Witness my hand and seal, this 23rd day of December, A. D. 1865. (Signed), THOMAS F. ATHERTON. 604 12 ^r f as'slJn^St^i KNOW ALL MEN BY THESE PRESENTS, rieh°^awii?'''tliat I, Lazaetis D. Shoemakee, of tlie Borough iiamL.cony:.g-^^ Wilkesbarre, Luzerne County, Pennsylvania, for and in consideration of the sum of |5,000, lawful money of the United States of America, unto me well and truly paid by Chaeles Paeeish and William L. Conyngham, both of said Bor- ough, the receipt whereof is hereby acknowledged, have granted, assigned, transferred and set over and conveyed, and by these presents, do grant, assign, transfer and set over and convey unto the said (Jhaeles Paeeish and William L. Cohtng- HAM, their heirs, executors, administrators and assigns, all ray right, title and interest in, unto or under the foregoing Indenture or Lease of John W. HoLLENBACK, with Thomas F. Atheeton, Chaeles Paeeish and Lazaetjs D. Shoemakee, dated 25th May, A. D. 1865, and all my interest in the term therein mentioned, or in and to the lands, rights and privileges therein described and mentioned, with the appurtenances. To have and to hold the said term, and my rights, title and interest in and under said lease, or in and unto said lands, rights and privileges, as fully as the same are vested in me under said In- denture, to and for the only benefit and use of the said Charles Pai'rish and William L. Conyng- ham, their heirs, executors, administrators and as- signs, subject to the payment of the rents reserved, and the true and faithful performance of all the covenants, stipulations and agreements of said In- denture mentioned and contained. W iTNESs my hand and seal, this 23rd day of December, A. D. 1865. (Signed), LAZARUS D. SHOEMAKER. In presence of Andrew T. McClintock. 0. A. ZlEGLER. 605 13 I, John W. Hollewbaok, the lessor in the above HoifOTbick'tT' written Lease named, do hereby consent to theme°nt ^^^^' above transfer and conveyance, by Thomas F. Atherton, to John Henry Swoyer, and the above transfer and conveyance by Lazarus D. Shoe- maker, to Charles Parrish and William L. Conyng- ham. Witness my hand and seal, this 23rd day of December, A. D. 1865. (Signed), JOHN W. HOLLENBACK. Whereas, by a certain Indenture, bearing date the 25th day of May, in the year of our Lord, 1865, John Wells Hollenback, of the Borough of Wilkesbaire, County of Luzerne, and State of Pennsylvania, did lease and let unto Thomas F. Atherton, Charles Parrish and Lazarus D. Shoe- S'l|Jlemenf "" maker, of the said Borough, and their heirs, exe- cutors, administrators and assigns, all the coal lying in, under and upon all that certain tract or piece of land, situated in Plaine Township, Coun- ty and State aforesaid, owned by said Hollenback, and located east of a certain road, leading from the School-house, near the Mill of John M. Hollen- back, past the house of Charles Miner, and be- tween said road and the Township line, being the parts of lots numbers 16, 17 and 18, of the Third Division of Certified Wilkesbarre Township, east of said road owned by said John W. Hollenback, and containing 500 acres, or thereabouts, together with the right to mine coal from said lands, and together with also, other rights and privileges in said Indenture, mentioned and contained, and subject to the payment of certain rents, and sub- ject also, to certain other conditions, agreements and covenants to be kept, done and performed on the part of said lessees, their heirs, executors, ad- 6oe 14 ministrators and assigns, all of which, by reference to said Indenture, will fully and at large appear, S^ment ol T. ^^^^ whercas, by a certain Indenture of Assign- F. Atherton. Qj^nt, bearing date the 23rd day of December, A. D. 1865, and attached to said original Indenture, the said Thomas F. Atherton, did grant, assign, transfer, set over and convey unto John Henry Swoyer, of the Borough of "Wilkesbarre, afore- said, and his heirs, executors, administrators and assigns, all the right, title and interest of him, the said Thomas F. Atherton, in, unto or under the said original Indenture or Lease of said John W. HoUenback, with Thomas F. Atherton, Charles Parrish and L. D. Shoemaker, and all the interest of him, the said Atherton, in the term therein mentioned, or in and to the lands, rights and privi- leges therein described and mentioned, with the appurtenances, subject to the payment of the rents aforesaid, and the faithful performance of the covenants and agreements in said original In- denture, mentioned and contained, all of which, by reference to said assignment, will more fully and at large appear. assignmm7to^ Now, kuow all mfcu by these presents, that I, E. E. Mayer. JqJj^ Heury Swoyer, of the Borough of Wilkes- barre, aforesaid, for and in consideration of the sum of $6,000, lawful money of the United States, unto me well and truly paid by Edward R. Mayer, of the Borough of Wilkesbarre, aforesaid, the re- ceipt whereof is hereby acknowledged, have grant- ed, assigned, transferred, set over and conveyed, and by these presents do grant, assign, transfer, set over and convey unto the said Edward R. Mayer, his heirs, executors, administrators and assigns, all my right, title and interest in, unto or under the said original Indenture or Lease of John W. HoUenback, with Thomas F. Atherton, Charles Parrish and L. D. Shoemaker, dated 25th 607 15 May, 1865, and the Indenture of Assignment thereto annexed, of Thomas F. Atherton with John Henry Swoyer, dated the 23rd December, 1865, and all my interest in the term in each of the said two Indentures mentioned, and in and to the lands, rights and privileges therein described and mentioned, with the appurtenances. To Jicme and to hold the said term, and all my rights, title and interest in and under said lease and assignment thereto annexed, and in and unto said lands, rights and privileges, as fully as the same are vested in me, under and by virtue of the said Indenture of Lease, and the said assignment thereto annexed, and for thg only benefit and use of the said Edward R. Mayer, his heirs, executors, administrators and assigns, subject to the payment of the rent reserved, and the true and faithful performance of all the covenants, stipulations and agreements in said Indenture, mentioned and contained. Witness my hand and seal, this 24th day of March, A. D. 1866. (Signed), J. H. SWOYER. Whekeas, by a certain Indenture, bearing date the 25th day of May, in the year of our Lord 1865, John Wells HoUenback, of the Borough of Wilkesbarre, County of Luzerne and State of Pennsylvania, did lease and let unto Thos. F. Atherton, Chas. Parrish and Lazarus D. Shoe- maker, of the same Borough, and their heirs, executors, administrators and assigns, all the coal lying in, under and upon all that certain tract or piece of land situated in Plain e Township, County and State aforesaid, own6d by said HoUenback, and located east of a certain road leading from the school-house near the Mill of John M. Hollen- 608 16. back, past the house of Charles Miner, and be- tween said road and the Township line, being the parts of lots numbers 16, 17 and 18 of the 3d division of certified Wilkesbarre Township, east of said road, owned by said Jno. W. Hollenback, and containing 500 acres or thereabouts ; together with the right to mine the coal from said lands, and together with also other rights and privileges in said Indenture, mentioned and contained, and subject to the payment of certain rents, and sub- ject also to certain other conditions, agreements and covenants to be kept, done and performed on the part of said lessees, their heirs, executors, administrators and assigns, all of which, by refer- ence to said Indenture, will fully and at large appear. And whereas, by a certain indenture of assign- ment, bearing date the 23d day of December, A. T>. 1865, and attached to the said original Inden- ture, the said Thos. F. Atherton did grant, assign, transfer, set over and convey unto John Henry Swoyer, of the Borough of Wilkesbarre, afore- said, and his heirs, executors, administrators and assigns, all the right, title and interest of him the said Thomas F. Atherton in, unto or under the said original Indenture or lease of the said John W, Hollenback with Thomas F. Atherton, Charles Parrish and L. I). Shoemaker and all the interest of him the said Atherton in the term therein mentioned, or in and to the lands, rights and privileges therein described and mentioned, with the appurtenances subject to the payment of the rents aforesaid, and the faithful perform- ance of the covenants and agreements in the said original Indenture, mentioned and contained, all of which, by reference to said assignment, will more fully and at large appear. 609 17 - And wliereas, by a certain Indenture of assign- ment, bearing date the 24th day of March, A. D. 1866, and hereto attached the said John Henry Swoyer did grant, assign, transfer, set over, and convey unto Edward R. Mayer, of the Borough of Wilkesbarre, aforesaid, and his heirs, execu- tors, administrators and assigns, all the right, title and interest of him, the said John Henry Swoyer, in, unto, or under the said original Indenture of lease of John W. Hollenback, with Thomas F, Atherton, Charles Parrish and L. D. Shoemaker, dated 25th day of May, A. D. 1865, and the said In- denture of assignment thereto annexed of Thomas F. Atherton with John Henry Swoyer, dated December 23d, A. J). 1865, and all his interest in the term in each of the said two Indentures men- tioned, and in and to the lands, rights and privi- leges therein described and mentioned, subject to the payment of the rents reserved, and the true and faithful performance of all the covenants, stipulations and agreements, in said Indenture, mentioned and contained. And whereas, by a certain other Indenture of Assignment, bearing date the 23rd day of De- cember, A. D. 1865, and attached to the said original Indenture, the said Lazarus D. Shoemaker did grant, assign, transfer, set over and convey unto Charles Parrish and William L. Conyngham, both of the Borough of Wilkesbarre, aforesaid, and their heirs, executors, administrators and assigns, all the right, title and interest of him, the said Lazarus D. Shoemaker, in, unto or under the said original Indenture or Lease of the said John W. Hollen- back, with Thomas F. Atherton, Charles Parrish and L. D. Shoemaker, and all the interest of him, the said Shoemaker, in the term therein mention- ed, and in and to the lands, rights and privileges therein described and mentioned, with the appurte- nances, subject to the payment of the rents re- 610 served, and the true and faithful perfoimance of all the covenants, stipulations and agreements in said original Indenture, mentioned and contained, AsBignmentto Now this Indenture witnesseth, that we, the union coal Co. g^-^j ^jjarles Parrish, William L. Conyngham and Edward R. Mayer, for and in consideration of the sum of $25,000, lawful money of the United States of America, unto them well and truly paid by the Union Coal Company, the receipt whereof is hereby acknowledged, have granted, assigned; transferred, set over and conveyed, and by these presents do grant, assign, transfer, set over and convey to the said. The Union Coal Company, their successors and assigns, all our right, title and interest in, unto or under the said original Inden- ture of Lease of John W. Hollenback, with Thomas F. Atherton, Charles Parrish and L. D. Shoemaker, dated May 25th, A. D. 1865, and the two several Indentures of Assignment, thereto annexed of Thomas F. Atherton with John Henry Swoyer, and L. D. Shoemaker with Charles Parrish and William L. Conyngham, both bearing date De- cember 23rd, A. D. 1865, and the said Indenture of Assignment, hereto annexed of John Henry Swoyer with Edward R. Mayer, bearing date March 4th, A. D. 1866, and all our interest in the term in the said Indenture mentioned, and also, all our right, title and interest in and to the lands, rights and privileges therein described and men- tioned, with the appurtenances. To have and to hold the said term (unexpired) and all our right, title and interest in and under said original lease, and the said several assignments thereto or hereto annexed, and in and unto said lands, rights and privileges, as fully as the same are vested in us, under and by virtue of the said original Indenture of Lease, and the several In- dentures of Assignment aforesaid, and for the 611 19 only benefit and use of the said, The Union Coal Company, their successors and assigns, subject to the payment of the rents reserved, and the true and faithful performance of all the covenants, stipulations and agreements in said original In- denture, mentioned and contained. / Witness our hands and seals, this 24th day of October, A. D. 1866. (Signed), CHARLES PAREISH, W. L. CONYNGHAM, EDWARD R. MAYER. Whereas, by virtue of sundry deeds, poll of assignment, all and singular, the estate, right, title, interest, property, claim and demand of the said Charles Parrish, Thomas F. Atherton and L. D. Shoemaker, the lessees in the aforegoing lease hereto attached, in and to the said lease, and in and to the estate, rights and privileges thereby granted, vp'ere duly sold, assigned and conveyed to the Union Coal Company, as in and by the said deeds, poll, all of which are duly recorded in the proper office in Luzerne County, relation being thereunto had will more fully and at large appear. And whereas, the said Union Coal Company, by virtue of sundry mergers and changes in due form of law had, has now become a corporation known as, and called the "Baltimore Coal and Union Railroad Company." And whereas, it has been agreed by and be- tween the said tfohn W. HoUenback and the said • Baltimore Coal and Union Railroad Company, that the lease aforesaid shall be changed and ^^*e^Ve°d''* amended in the various particulars hereinafter enumerated. 612 20 NOW THEN, THIS AGREEMENT, made this 1st day of January, A. D. 1869, between the said John W. ITollewback, of the one part, and the said Baltimore Coal and Union Railroad Company, of the other part, witnesseth, that it is covenanted and agreeci by and between the said parties, in manner as follows : Lease to cm- Fivst. — That the demised premises shall be en- brace aii of the -, , . -. n ,1 [t j> ,1 surface and larged, SO as to embrace all the surface oi the lands in said lease' described, and the buildings thereon, with the appurtenances. Excepti'ng, how- Land reserved, ever, such lots of land as the said Hollenback has already sold or 'agreed to sell, or as have been laid out into building lots with a view to their sale. And excepting also, such other parts of said sur- , , , face as the said Hollenback can conveniently, and Land reserved. . , . . . , • , i , i ■ . . Without injury to, or mterrerence with the mining operations of the parties, of the second part lay Out into building lots, and sell. And reserving also, two log-houses, with the garden spots appur- ^2^tii«"eserva-tenant thereto; one being situate on the Parsons road, and one on the Miner road. Extension of Secoud. — That the time fixed by the fifth clause pi^tinrim"'" of the said lease, for the completion of the ira- provements. provemeuts therein specified, shall be enlarged from the first day of April, A. D. 1869,. to the first day of April, A. D. 1870. Privilege grant- Thivd, — That the thirteenth clause of the said fngs^onVesf ' ^^asc shall be, and hereby is stricken out, and it ?emOTin|c°Jai ^^ agreed that coal from other lands adjoining the prope??y"&°' ^^^^ leased premises, may be mined through, or by the use of openings on the said leased premises, and that coal from the said leased premises, may be mined or removed through any openings on other or adjoining lands. Fuurtli. — That the said Baltimore Coal and Union Railroad Company shall have the right to 613 21 cut and use, free of charge, all the timber upon iJ^bLXfuae the said lands, for purposes connected with the '"'*''" p'"""''''- mining operations on said lands, but such timber shall not be cut or used for mining operations on any other lands than those in the said lease de- mised. The timber lying between the Parsons and Miner roads, is also hereby reserved to said Timber: HoUenback with the right to cut and remove the"^ ^ same. rre- . served. Fifth. — ^That the said Baltimore Coal and'^^^^'- Union Railroad Co., in addition to the taxes which they are liable to pay under the said lease, hereby covenant and agree to pay all the taxes of every nature, State, United States and Local, which shall be assessed for the current year (1869), and for each year thereafter, during the term upon said surface lands leased to them by this supplementary agreement. Fr'ovided^ how-'^""^"' ever, that if these taxes hereby agreed to be paid shall, in any one year exceed the sum of $500, such excess shall be paid by said HoUenback. Sixth. — That the rentals shall continue the same as fixed and ascertained by the said lease up to the first day of April, A. D. 1874, and"sefa°fei from and after that time the annual rental shall ■*^''"^^^''^*^*' be $8,000, payable in quarterly installments, as aforesaid, for which sum 40,000 tons of coal of the pounds and size in said lease fixed, may be increased quan- annually mined and removed. And all coal mined mineSf''''^ and removed in any one year in excess of said 40,000 tons shall be paid for in manner, as afore- said, at the rate of 15 cents per ton. Seventh. — And it is hereby farther especially covenanted and agreed that the said original ^^^ifa|re'e. agreement of lease shall remain in full and bind-"/am?nded?to ing force and effect in each and all of its partic-""*'"*"^""*- 614 22 Term of lease to be lengthen- ed on certain conditions. ProTiso. Lessor to take Improvements ' at a valuation, at expiration of lengthened term as provided in original agree- ment. ulars, excepting only as it is changed and amend- ed hereby. Eighth. — And the said HoUenback hereby, also, covenants and agrees that in case the various cov- enants on the part of the said Baltimore Coal and Union Railroad Co. be, by them, well and truly kept and performed, that the said (Jompany shall have the right to an enlargement of the term by said lease demised for the additional period of ten years from and after the first day of April, A. D. 1885, that being the termination of the original term. Provided, however, that the said company shall notify the said HoUenback of their election to take such additional term on or before the first day of April, A. D. 1884. And in case such additional term be taken all and singular the provisions of said original lease, and of this sup- plemental agreement shall be held applicable thereto; and the provisions and arrangements for taking the improvements at a valuation as ascer- tained by the ninth clause of said original, shall come into force and efifect at the end of said addi- tional term instead of the end of the term origi- nally granted. In Testimony Whereof, the said John W. HoUenback hath hereunto set his hand and seal, and the said Baltimore Coal and Union Railroad Co. have hereunto set their common or corporate seal, attested by the signature of their President. Signed, JNO. W. HOLLENBACK. [seal.] C. F. young, Fresident, B. O. & TJ. B. B. Go. 615 616 617 THIS indenture: made this first day of August, A. D. 1864, between Charles Miner and Jesse Thomas, of Plains Township, Luzerne County? Pennsylvania, and William Everhart, of West- chester County, same State, of the first part, and Thomas Leyshon, and W illiam Leyshon, of Pitts- ton, in Luzerne County,of the other part. WITNESSETH, that Said party of the first part for and in consideration of the payments, rents and covenants hereinafter mentioned, have leased and let unto the said party of the second part, their executors, administrators or assigns, for mining purposes, all the mineral coal of the two veins known as the Wilcox Mine (as opened on veins of coai lot No. 8.), owned by said party of the first part, on lots numbered nine and ten, in said Plains Township (formerly certified Wilkes-Barre), be- tween a line the center of Mill Creek, the westerly line of the property hereby leased, and the line of land of L. D. Shoemaker (formerly Andrew Mock), on the east ; the coal hereby leased being about 43 acres (a portion of the surface — about seven acres — on the easterly end belonging to Patrick Kelly). The party of the second part shall have the right to enter upon and occupy such parts of the surface of said lots owned by Jesse Thomas, not exceeding ten acres, for the purpose of sinking; i«gJi"i=™'' , „ 1 J -JJi . .^ ^ . b shafts, &c. snaits, slopes or driits, mmmg, prepanng and shipping coal therefrom, and for erecting thereon such buildings, machinery and improvements as may be necessary for the business of mining, preparing and shipping coal, and the deposit of 618 coal dirt (the said place of deposit of coal dirt to be selected by said Jesse Thoinas if on his land) and to make the necessary railroad tracks for the acccommodation of said business. Secoijd, — The party of the second part shall pay or cause to be paid to the party of the first part, or to their certain agents or attorneys, for all the coal mined, taken out or sold under this lease at the following rates, viz. : Fifteen cents per ton Eateperton. ^]jgj^ ^jjg pj-jge of coal at the placc of shipment at the mines shall not exceed one dollar and a quarter ($1^%-) per ton; Twenty cents per ton when the price of coal as aforesaid exceeds a dol- lar and a quarter per ton and is not over one dollar and fifty cents per ton ; Twenty-five cents per ton when the price as aforesaid is over one dollar and fifty cents and not exceeding one dol- lar and seventy-five cents per ton ; Thirty cents per ton when the price as aforesaid is over one dollar and seventy-five cents and not exceeding two dollars and twenty-five cents per ton, and for all coal sold at prices above the last named sum, one-fifth of the increase shall be added to added to the royalty and be paid by Lessees to the Lessors. Thied. — The party of the second part hereby agrees to mine and pay for at the rates above StaedannuaHy. Specified, uot Icss than twenty-thousand (20,000) tons of coal per annum until the coal of said two veins is exhausted, and in case a less amount is mined or shipped in any one year the rent shall be regularly paid on said amount of 20,000 tons, and the party of the second part shall have the privilege of making up any deficiency in said quantity during the continuance of this lease without further charge. They shall pay three thousand dollars on signing this lease and a like sum of three thousand dollars, on the 1st day of 619 August, A. D. 1865, and thereafter they shall make monthly returns of all coal mined, shipped or sold, and monthly payments of rent or royalty thereon as above agreed upon. The party of the first part shall have free access to the mines, mine books^ shipment books, a«fe8B\o'mtae6, weigh lock and railroad returns of weights or^°°''^' *"' by any other mode established in like cases to satify themselves of the correctness of such returns. And it is hereby expressly stipulated, agreed upon and understood by and between the parties hereto that in case the party of the second part shall fail or neglect to make any payment of rent as above stipulated within three months after the same shall have become due and payable by the Penalty in case terms of this lease, then and in that case the party paymeSs/ of the first part shall have the right and option to declare this lease from that time forward ab- solutely void, and the rights of the party of the second part forfeited, and to re-enter upon and take possession of all the mines, buildings, machinery and improvements of every kind, and to hold the same absolutely and without liability of any kind to the said party of the second part, provided that a payment in full of all sums due Proviso, by said lessees before such re-entry and declara- tion by said lessor, as aforesaid, shall reinstate and restore said Lessees to all their rights under this lease. Fourth. — Lessees shall, at all times, work the mines in a workmanlike manner so as not to let in the water of Mill Creek, leaving sufficient ^j°fg^°i "« pillars of coal to support the roof of the mines and shall take out all the merchantable coal (except the necessary pillars) as they mine ; and they shal not mine, manufacture or ship coal from in a workmanlike manner. 620 fotalngZnds' lands of other parties than these lessors through through open-*'^ or ovcr the mines or improvements upon, the premiMe!'^^^ premiscs hereby leased, without the written con- sent of said lessors. Taxes. Fifth. — Said lessees shall pay all"taxes assessed on coal mined under this lease, and upon so much of the surface as they shall occupy and upon all improvements erected Ly them thereon. Sixth. — If said lessees shall find it necessary co°ai*to camii"^ to haul coal to the canal during the first year to he deducted. Qf .j.]jjg ]gase, the cost of such hauliug, not to exceed one dollar per ton, shall be deducted from the price of coal at the canal provided that the royalty shall not at any time be less than fifteen (15) cents per ton. Seventh. — Jesse Thomas reserves the right to Eight reserved sink a shaft withiu five rods of the creek near jesseThomas thc lowBT comer, if he shall deem proper, without interfering with the rights of said lessees ; any coal taken out in sinking said shaft to be paid for at the same royalty above agreed upon, and no more coal shall be taken out than is absolutely necessary in sinking said shaft. to'l" water'"" Eighth. — Lessors also reserve the right to use Sin's^'^'""' the water pumped from the mines by said Lessees after said Lessees shall have no further use for it. iilhirfor°dam- NiNTH. — Lessees shall not be held liable for unless caused any damage to surface by fallina: in of the mines by carelessness -r i i , n° . • • In mining, wJien pToper care has been taken m mining as above agreed. Portions of sur- mfningopm." Tenth.— Lessccs shall select and locate such changed with?^ parts of the surface as they may intend occupy. jeLTKmas.' liig ^ov mining purposes as above stated, before 621 they commence operations in mining, not to be thereafter changed without agreement with the said Jesse Thomas. In Witness Whereof, the said parties have hereunto set their hands and seals the day and year first above written. [seal.] CHARLES MINER, [SEAL.] JESSE THOMAS, [SEAL.J WILLIAM EVERHART, By his Attorney in fact J, B. Etebhart, [SEAL.] THOMAS LEYSHON, [SEAL. J WILLIAM LEYSHON, Now this 25th of July, 1865, it is agreed .that the terms of the foregoing lease is hereby altered as to the surface land to be taken by the lessees gol^'ease"^ as follows: they, their heirs and assigns in the fact, aftei"!!"^' place of the land before described are to have the use — FiKST. — ;0f the following described piece of land bounded as follows: beginning on the south- ^°°"P'™" easterly side of Mill Creek at the point where the river branch of the Nanticoke Railroad crosses it and running along on the outer side of said Rail Road alond its circles 450 feet, thence at right angles with the original side lines of my lot 200 feet north-easterly, thence north-westerly parallel with said river lines back to the same bank of the creek and thence down the same to the place of beginning. Second. — One acre of land on same side of the creek, above or nearly opposite the coal opening Deacnption. of Warren Wilcox to be laid out nearly square as circumstances may require, together with the 622 Right to con, rigLt of making a double track Rail Road over struct rai oa . ^^^^ intervening ground between the two pieces connecting with the Branch Rail Road aforesaid. And for value received of Jesse Thomas, one of ths lessors, it is further agreed that he shall be entitled to take of the coal got out by the jesfle Thomas lessees, and their heirs and assigns, what coal he withcoai'fOT and his family may need for their domestic pur- domeBtic use. . .^ • "" •■ -• -,-,• -m -i . ^ ,-, poses in their own dwelling houses during the foregoing lease. [seal.] [seal.] [seal.] THOMAS LEYSHON", JESSE THOMAS, WILLIAM LEYSHON. Know all men bt these pkesents, that wjb, Thomas Leyshon and William Leyshon, of the Borough of Pittston, Luzerne County, Pennsyl- vania, for and in consideration of the sum of nine to c^sf Sshtliousand dollars lawful money of the United States of America, at and before the sealing and delivery of these presents, well and truly paid to us by Charles Parrish, of the Borough of Wilkesbarre, in said County, the receipt whereof is hereby acknowl- edge, have granted, bargained, sold, assigned, transferred and set over and by these presents do grant, bargain, sell, assign, transfer and set over unto_ the said Charles Parrish, his heirs, executors, administrators and assigns the above lease dated the first day of August, A. D. 1864, and the supplement thereto, dated 25th July, A. D. 1865, and both recorded in the Recorder's office, for Luzerne County, in Deed Book No. 103, page 511, &c., and the unexpired term therein men- tioned and all our right, title or interest in and under said lease and the supplement thereto, and in, to, or unto the lands in said lease 623 and the supplement thereto mentioned and described, and all our right, title or interest in in, to or unto any of the coal therein by virtue of an advanced payment of three thousand dollars made to the said lessors by the said lessee on the 17th day of August, A. D. 1864, as appeafs by receipt herevrith delivered, and which amount we hereby state to have been duly paid, which receipt is hereto attached and made part of the assign- ment, with the appurtences. To have and to hold the said lease and supple- ment, and all our right, title and interest in the lands thercfin described unto the said Charles Parrish, his heirs, executors, administrators and assigns for the term therein mentioned and for all our interest therein subject to the performance by said Charles Parrish, his heirs, executors, administrators or assigns, of the agreements and covenants of the said lessees in said lease, and its supplements contained and mentioned. In Witness Whereof we have hereunto set our hands and seals this eleventh day of Septem- ber, A. D. one thousand eight hundred and sixty- five. [SEAL.] THOMAS LEYSHON, [SEAL.] WILLIAM LEYSHON. Know all men by these presents, that I, Charles Parrish, of the Borough of Wilkesbarre, ^^|j,f™^°^,^ Luzerne County, State of Pennsylvania, for and ^° ^^^^"yCoai in consideration of the sum of one dollar to me in hand paid by the Union Coal Company, the receipt whereof is hereby acknowledged, have ■ assigned, transferred and set over and by these presents do assign, transfer and set over unto the 62i 8 said The Union Canal Company and their suc- cessors and assigns the foregoing lease hereto attached, dated the 1st day of August, A. D* 1864, and the suplement thereto dated July 25, A. D. 1865, hereto attached, and both recorded in the Recorder's oflSce of Luzerne County, in Deed Book No. 103, page 511, &g. ; and the un- expired term herein mentioned ; and all my right, title and interest in and under said lease, and the supplement thereto, and under and by virtue of a certain assignment hereto attached, made by Thomas and William Leyshon to me, dated the 11th of September, A. D. 1865, and in, to or unto the lands in said lease, and supplement thereto mentioned and described ; and all my right, title and interest in, to or unto any of the coal therein by virtue of any and all payments heretofore made to the lessors in said lease named, with the appurtenances : To HAVE AWD TO HOLD the Said lease and sup- plement and all my right, title and interest (how- ever acquired) in the lands therein described unto the said The Union Coal Company, and their successors and assigns for the term therein mentioned, subject to the performance by said Company, their successors and assigns, of the agreements and covenants of the said lessees in said lease and its supplement contained and men- tioned. In Witness Whereof I have hereunto set my hand and seal the 9th day of January, A. D. 1866. CHAKLES PAERISH. 625 THIS AGREEMENT, made and concluded the eighteentli day of November, A. D. 1865, between William P. Miner, Jesse Tbomas and Ellen E., his wife, Sarah K. Miner, Asher Miner Abbott, William P. Abbott, Stephen H, Abbott, Enoch E. Lewis, John Lent and (Caroline D., his wife, William Butler and Letitia M., his wife, Mary E. Lewis, Anna L. Wentworth, Lincoln MeVeagh, and Charles McVeagh, (the said Anna, Lincoln and Charles by their respective guar- dians) Mary Ellen Lewis, Alice C, Lewis, Willie K. Lewis, Stephen P. Darlington and Josephine L., his wife, and Charlton F. Lewis, heirs and legal representatives of Charles Miner deceased, and Jesse Thomas and William Everhart, by his Attorney in fact J. B. Everhart being the repre- sentatives of the deceased party and survivors of the parties of the hereunto attached Indenture, of the first part; and the Union Coal Company, the grantee of the parties of the second part in said Indenture of the second part: WITNESSETH. — That in consideration of the covenants of the said party of the second part,, the said parties of the first part hereby agree to ^io^ri^^'to and with the said party of the second part so to modify and change the terms of the hereunto attached Indenture and the supplements thereto, dated respectfully August 1st, 1864, and July 25th, 1865, and recorded in the Recorders Office of Luzerne County in deed book No. 103, pages 511 and 514, that the price per ton for the coal mined and shipped or sold under said Indenture shall be at the uniform rate of twenty-five cents Rate per ton per ton for each and every ton of merchantable coal of the weight of 2,240 pounds without re- gard to the price at which such coal may sell at the place of shipment or at the mines, the said sum of twenty-five cents per ton for the rental or royalty being hereby agreed to be substituted as ' Terms of pre- 626 10 Annual qua n- tity to be in- creased. the rate per ton to be paid under said Indenture instead of the rates therein fixed. And the said party of the second part hereby agrees that in- stead of the minimum quantity of twelve thou- sand tons fixed in said Indenture, the said party of the second part agree to mine and pay for at the uniform rate of twenty-five cents per ton as last above specified, not less than twenty-five thousand tons of coal per annum from the lands mentioned and described in said Indenture until the coal in said two veins in said Indenture spe- cified, is exhausted, and that in case a less amount is mined or shipped in any one year the rents shall be regularly paid on said amount of twenty- five thousand tons at the rate last mentioned and specified. And it is further agreed between the parties that the party of the second part shall have the Deficiency in . .-, r- i • i j5 • • j.i annual produc- privilege 01 making up any denciency in the suTseqaentiy quantity paid for, and not mined, shipped or sold ma eup. (J^riug the continuance of this lease without fur- ther charge. And it is further agreed that the payments of rents shall be made (instead of as heretofore fixed) semi-annually on the first day of P^ebruary and the first day of August hereafter. And it is further agreed that the provisions of the aforesaid Indenture aud supplements not changed and modified by this agreement shall continue in force and bind the respective parties hereto; it being also understood, however, that the said suplemental agreement, dated July 25th, 1865, between Jesse Thomas, and Thomas and "William Leyshon shall affect only the parties thereto, their representatives and assigns. In Witness Wheeeof the parties hereto have hereunto set their hands and seals the day and year first herein before written. Payments. 11 The draft annexed sIlows tlie respective sharea of the lessors. 627 [seal.] WILLIAM P. MINEE, [SEAL.J ELLEN E. THOMAS, [SEAL.] WILLIAM EYBEHART, By his Attorney In fact J. B. Evbhhabt. [SEAL.J , JESSE THOMAS, [SEAL.] STEPHEN H. ABBOTT, [seal.] WM. P. ABBOTT, By Mb Attorney in fact, CAivra Pabbohs. [seal.] THE UNION COAT, CO., By B. A. Qdiktaed. [seal.] MARY ELLEN LEWIS, [seal.] ASHER M. ABBOTT, By Mb Attorney in fact Calvin Pabbons. [seal.] CHARLTON T. LEWIS, {seal:] E. E. LEWIS, [seal.] W. M. BUTLER, [seal.] LETTY M. BUTTLER, [seal.] JOHN LENT, [seal.] CAROLINE D. LENT, [seal.] ISAAC THOMAS, [seal.] S. P. DARLINGTON, [seal.] JOSEPHINE L. DARLINTON. The respective interests of the above lessors in the land described in the foregoing lease are as follows : Jesse Thomas' Interest of the whole, is 19 acres 53H Per. Heirs of Charles Miner, Interest of the whole, is 18 Acres 43M Per. W. Evarhart's Interest of the whole, is 9 Acres 106M Per. 628 629 13 WiLKESBAERE, Julj 20th, 1871. It is hereby agreed between William P. Miner and Jesse Thomas of Wilkesbarre that the money accruing as mine rents under a coal lease made by Ohas. Miner, Jesse Thomas, and William Everhart, to Thos. and William Leyshon, dated August 1st, 1864, and a coal lease made by William P. Miner, Jesse Thomas and others to the Union Coal Company, dated 18th November, 1865, shall be collected by them respectively, half-yearly as follows, these amounts being the minimum : — On Leyslion lease Jesse Thomas shall collect in his own right. $1,278 56 His personal interest in Estate of Chas. Miner, deceased, ^th 201 20 The interest of his wife in Estate of Charles Miner, deceased, |th 201 19 As Attorney for Carrie D. Lent and L. M. Butler, their interest in Estate . of Chas. Miner, deceased, |th 201 19 $1,882 14 On Leyshon lease Wm. P. Miner, shall collect his personal interest in Estateof Chas. Miner, deceased, I th $201 20 As Attorney for heirs Mary Lewis, deceased, their interest in Estate of Chas. Miner, deceased, |-th 201 19 As Attorney for Wm. and Stephen Abbott, their interest in Estate of Chas. Miner, deceased, |th 201 19 As Attorney for Estate of Wm. Everhart, deceased '. 639 28 1,242 86 Total amoTint of half yearly payments on Leyshon leases being $3,125 00 630 14 On the Union Coal Company lease Jesse Thomas shall collect : — The interest of himself and wife as heirs of the Estate of Chas. Miner, deceased, fth. . . $416 67 As Attorney for Carrie D. Lent and L. M. Butler, heirs of Estate of Chas. Miner, deceased, |th 208 83 $625 00 And Wm. P. Miner shall collect his own interest as an heir of Estate of Chas. Miner, deceased, |th $208 34 As Attorney for heirs of Mary Lewis, deceased, their interest in Estate of Chas. Miner, deceased, |-th 208 33 As Attorney for Wm. and Stephen Abbott, their interest in Estate of Chas. Miner, deceased, ^th 208 33 625 00 Total amount of half-yearly payment on Union Coal Co. lease being $1,250 00 The above amounts being tlie minimum royalty as per said leases. Witness our hands this 20th day of July, 187L WM. P. MINEE, JESSE THOMAS. 631 632 633 Buration of THIS INDENTURE, made and executed the 9th day of March, in the year of our Lord 1865, between William H. Merritt, of the Borough of Wilkesbarre, County of Luzerne and State of Pennsylvania, pai-ty of the first part, and The Union (>oal Company a corporation of the State of Pennsylvania, party of the second part: WITNESSETH. — ^That for and in consideration of the covenants and agreements of the said second party hereinafter set forth, the said Wm. H. Merritt hath demised, leased, and to mine, let, and by these presents doth demise, lease and to mine, let unto the said The Union Coal Company, its successors and assigns, for the term of twelve years (except as hereinafter expressed) ieasa' from the first day of October, A. D. 1864, the two certain veins of coal known as the " Wilcox Veins" in and upon that certain tract of land ''"'^'' ™*' situate in Plains Township, Luzerne Coimty, Pennsylvania, bounded and described as foL lows : beginning in the center of the main or cer- tified road leading from Wilkesbarre to Pittston in line of lots numbers 6 and 7 of the 3rd div- DeBcription. ision of the certified Township of Wilkesbarre ; thence along said road 78 perches; thence along the township road south 55 degrees, west 28 perches ; thence south 70^ degrees, east 10 perches to line of lots numbers 9 and 10 of said township ; thence along a road and the div- ison line of said lots numbers 9 and 10, south 58 degrees, east 84 perches; thence along a road leading to Miner's Mill, south 1 degree, east 27a perches; thence south 68 degrees, east 13 perches ; thence south 32 degrees, west 8 perches 634 to tlie division line of lots numbers 10 and 11; thence along the same south 58 degrees, east 29-,^ perches to the centre of Mill Creek ; thence up said Creek the various courses and distances thereof to a division line in lot number. 8, and line of Samuel Wilcox land ; thence along tlie same north 58 degrees, vs^est 47 perches to a pub- lic road ; thence along said road north 37 degrees, east 16-1% perchies; thence south 58 degrees, east 6i% perches ; thence north 53 degrees, 45 minutes, east 35 perches to a division line of lots numbers 6 and 7 ; thence along the same north 58 degrees, west 3 perches; thence north 27 degrees, east 33 perches to the division line of lots numbers 5 and 6 ; thence along said line south 58 degrees, east 54-1% perches ; thence north 27 degrees, east 21-i% perches; thence north 58 degrees, west 24 per- ches; thence north 27 degrees, east 21-A perches; thence south 58 degrees, east 24 perches; thence north 27 degrees, east 21-i% perches to the division line of lots numbers 8 and 4; thence along the same north 58 degrees, west 77 per- ches; thence south 27 degrees, west 64-A perches to division line of lots numbers 5 and 6 ; thence along said line north 58 degrees, west 67-i% per- ches; thence south '65^4 degrees, west 31^d per- ches to division line of lots numbers 6 and 7 ; thence north 58 degrees, west 56 perches to the centre of said main road the place of beginning. Being the same tracts designated upon the draft or diagram hereto attached and made part of this agreement; but it is expressly understood that ttri^Siim- the portion of the premises above described ited to ten years leased by the said party of the first part of John Stark and James Stark's heirs, being about thirty acres, is hereby leased, demised and to mine, let unto the said Union Coal Company, its successors and assigns, for the term of ten years only from said first day of October, A. D. 1864, and said ?naemtaea° ^^ Ooal Company shall not undermine, use or injure 635 t tlie road leading into John Stark's coal bed. And also the free right to enter upon the said lands and there to search for and make excavations and openings to, and mine and remove the coal from Eight to mine. said two veins of coal through and over the sur- face of said described premises, and the right also to make all necessary air shafts, and to erect, con- struct and maintain upon the surface of said tracts of land all roads, railroads, machinery, houses, buildings, miners' houses and improvements of whatever kind or nature necessary, proper or convenient for mining, preparing, removing and transporting the coal contained in the said two veins. And also all the surface of said tract of land , . 1 , -I • T /. ( 1 T • , Use of BUrface. that may be necessary or required tor the deposit of dirt, slate, rubbish or culm that may accumu- late from the mining and peparing of said coal, the same to be deposited with the view of doing as little injury to the surface as may be practic- able under the circumstances, and to the conve- nient and economical deposit thereof. To have and to hold the property, estate and privileges hereby leased, demised, granted or con- veyed unto the said The Union Coal Company, its successors and assigns, from the first day of October, A. D. 1864, for and during the full period and term of twelve years (except as afore- said) unless the said term be sooner ended under provisions hereafter contained. And the said The Union Coal Company, in consideration of the foregoing, doth hereby covenant and agree with the said William H. Merritt to mine from said two veins of coal and pay said William H. Merritt, his executors, administrators or assigns, SS'lU^iisf for at least 20,000 tons of coal during the first year of said term, 30,000 tons during the second year of said term, and 40,000 tons in each and 636 Eate per ton. "Chestnut" coal. "Pea" coal. Payments. Coal paid for in excess of quan- tity mined in any one year may "be mined and removed in any subsequent year. Quantity mined In excess of an- nual quantity shall apply upon the production of any year in which there shall be a defi- ciency. evefy year of said term thereafter. The said coal to be paid for at the rate of 27j^ cents for each and every ton of 2,240 pounds of good, merchant- able coal, passing over a screen of one inch mesh, and at the rate of 173^ cents for each and every ton of same weight of good, merchantable coal passing through a screen of one inch mesh and over a screen of five-eigbts of an inch mesh. All coal passing through a mesh of ?8 of an inch to be considered dust or refuse, and to belong to the said lessee without charge therefor. And it is un- derstood and agreed that the said rent or reserved price per ton shall be paid to the lessor quarterly upon the first day of January, April, July and October, in each and every year of said term at the Office of the said The Union Coal Company, in the City of New York, and shall be computed upon the amounts of coal liable to be so paid for, which shall have been mined or produced from said two veins by said second parties during the three months preceding each quarter day, so nearly as the same can be ascertained with rea- sonable certainty, but such quarterly payments shall not be less in the aggregate than the stipu- lated rental upon the amount agreed to be pro- duced. And it is also understood and agreed that in case the said party of the second part shall in any year of said term pay for more coal than shall have been mined in such year, the said second party shall have the right to mine and remove without charge therefor, in any subsequent year or years of said term, the quantity so paid for and not mined. And in case the said party of the second part shall in any year of said term mine more than the stipulated yearly quantity, such excess shall count upon any year in which there shall be a deficiency of the yearly quantity agreed to be mined, the intention being that the above covenant to produce from said mines a specified quantity of coal yearly shall be fully 637 Satisfied, if the aggregate of the stipulated yearly production shall be produced during the term. And it is further understood and agreed that no charge or rent shall be made or exacted for the StaJgea fo?use use or occupation by the party of the second part "' ^"'**<=''- of any portion of the surface of said premises above described, under the rights and privileges given or granted by the terras and provisions of this lease, and that the party of the second part shall not in any way be liable to any party for any injury to or falling in of the surface of said Damage to aur- premises by reason of mining out all the coal, except pillars in said two veins, or of making tunnels, drifts, shaits or any other openings. And it is further understood and agreed that the said party of the second part shall and will mine and work the said two veins of coal in a proper and workmanlike manner, and shall and will coaitobe mined in a mine out the entire thickness, except pillars workmanlike sufficient to sustain the roof of the . said two veins of coal so far as the same may be practic- able, and the coal therefrom continue to be of a good and merchantable quality. It is expressly understood and agreed that if the said party of the second part, its successors or assigns, shall not be able durina; the term of this lease to mine and Lesseenottobe take out the aggregate quantity of coal required "j| ate™ 'Slnt!- by the terms and stipulations of the same, by fy, rf cansed ty •/ /> 1 ' • i •/ defects m veins reason of tm running out or stoppage of the °^]e°uafi?''of" vein or veins, or by the thinning down of the ^a'- same to an unworkable size, or by the. deteriora- tion of the quality of the coal so as to render it unmerchantable, then, in that case, the said party of the second part shall be liable only for an amount of coal which with proper diligence and skill it may be able to mine and take out. And it is further understood and agreed that the party of the first part shall have access to the shipping. Lessor to mys weight, and sales books of the party of the second of lessee.''"'''^* part, for the purpose of ascertaining the quantity 638 of coal mined and sent to market from the said two veins. And it is further understood and agreed that the prepared coal under this lease "S"ne>if shall be considered not to exceed one-half the tL^excefJ^i'^io product of the mines, but if more than one-half Sis/drate" of the coal produced therefrom shall be prepared, per ton. ^^^ rental of such excess of prepared coal shall be five cents per ton additional to the rates here- inabove mentioned. And it is further understood and agreed that the said party of the second part Lessee to make shall and vpill malcc all improvements proper and aTltrowrex- necessary for the production of the hereinbefore pense. Stipulated yearly quantity at its own expense. The location of the openings, breakers and other Mode of deter- improvements that said second party may make S™relkera.''"° or ercct upon said premises, to be agreed upon, however, between the parties hereto; and if any disagreement shall occur as to the location of the same or any of them, such location shall be de- termined -by the Mining Engineer of the said Merritt and the Mining Engineer of the said The Union Coal Co. for the time being, and if the said Mining Engineers disagree they shall, in the event of a failure of the parties hereto to make an appointment, designate an umpire, and the award and findings of said engineers and the umpire, if appointed, or a majority of them, shall be final and conclusive as between the parties. And it is further understood and agreed that at the expiration of the term of this lease all the Lessormaypur- i™provements erected and made on the afore- mentsaTexpT ^^^^ lauds, thc party of the first part shall have attrTappSld *^« ^ig^* to purchase— he paying to the said valuation. secoud party, its successors or assigns, the then actual value of the said improvements, to be fixed by appraisement, not to exceed, however, the aggregate sum of $25,000 ; and if the parties Mode of ap- hereto cannot agree upon such value, the same praisement. shall be determined by appraisement to be made by two Mining Engineers, one to be'selected by 639 eacli of the parties hereto, they to select a third, in case they fail to agree, and the appraisement of such engineers, or of a majority of them shall be binding and conclusive between the parties; and if said first party shall not within ninety days after the decision of said appraisers, purchase and pay for said improvements at the price fixed by them, the said second party, its successors or movliiSSve-' assigns, shall have the right to remove the same paid'te "y La- from the said premises within ninety days there- nin^ydaya. after. And it is further agreed and understood that the party of the second part shall and will pay all government imposts and United States and local taxes hereafter assessed and imposed '^^^^^' upon the coal mined by them under this lease, and upon all improvements made by said party of the second part upon said premises so long as the same shall remain the property of said secoud party. And it is further understood and agreed that the party of the first part reserves to him- Eight of lessor T n T • T • "^ • ,i'i,;i to Tease other sell, his heirs or assigns, the right to lease any veins upon tMa other veins of coal in, upon or under the afore- ^™''^' ^' said lands, not embraced herein, and to operate the said other veins not herein embraced ; but the coal from the said other veins shall be mined, operated, prepared, removed and sent away in such manner as not to interfere with the opera- tions or business of the said party of the second part hereunder, but the said party of the second part, its successors or assigns, shall be first entitled to a lease of such other veins in pre- Lessee to have Jr preference over ference to all other parties upon the same terms, f^a^^jP^uJ.^^ ™ and no such lease shall be made by said first ^eins. party, his representatives or assigns, to any party or parties other than the party of the second part, its successors or assigns, until the said party of the second part, its succes- sors or assigns, shall first have had and de- clined a reasonable opportunity to take such lease upon the same terms. And it is further 640 8 understood and agreed that if, at any time an installment of rent or any part thereof shall become due and remain unpaid for the space of ninety days after demand thereof, made in writ- Penaity in case lug, or if any of the coveuduts herein contained of default, shall not be complied with, then, in either case, the said party of the first part, his representatives or assigns, may at his or their option declare the term of this lease at an end, and thereupon all the rights of the said party of the second part, its successors or assigns, under this instrument, shall absolutely cease and be determined, and the said party of the first part, his heirs or assigns, may resume possession of the said veins of coal and premises hereby leased, with all the buildings, improvements and appurtenances, by legal process, or summarily and without legal process, at his or their option. And in case a cause of forfeiture shall arise under this lease by reason of non-payment of rent, and such cause shall expressly or by im- plication be waived and the forfeiture not be enforced, the right of forfeiture shall be reserved and be in force whenever and so often as new cause for the non-payment of any further install- ment for the period aforesaid shall arise. And Sadetofcoai'^ it is further understood and agreed that no charge taMs^miMng ^^^^^ ^^ made for any coal used by said party of operations. the secoud part for driving the naachinery used in mining and preparing the coal mined for market. And the said party of the first part, for himself, his heirs, executors, administrators and assigns, hereby covenants and agrees to and with the said party of the second part, its suc- cessors and assigns, that the said party of the second part, its successors and assigns, well and Possession truly keeping and performing the covenants and KTauring agreements herein contained, and paying the tomanceof ^euts herein reserved, shall have and enjoy the contract oDUga- pgaccable and undistxu-bed possession of the hereinabove mentioned two veins of coal, and 641 9 of all the rights and privileges hereinbefore mentioned and granted for and during the entire aforesaid terms. And the said party of the second part hereby agrees at the end of said term, the said party of the first part, his repre- sentatives or assigns, paying the value of the improvements made by said second party upon said premises, then to be agreed upon or appraised, as before stated, to deliver up possession of said two veins of coal and the rights and privileges aforesaid, and the said improvements or such of them as may then remain upon said premises to the said party of the first part, his representatives or assigns, and the said party of the first part hereby expressly covenants and agrees to and with the said party of the second pai't, its succes- sors and assigns, that he has full right and authority as owner and lessee of the above de- scribed and demised premises to grant and con- vey to said second party the several interests, rights and privileges hereby created, granted and conveyed. In Witness Whereof, the said William H. Merritt, hath hereunto set his hand and seal, and the said The Union Coal Company hath executed the same, and caused its common seal to be hereto affixed, the day and year first above written. THE UNION COAL COMPANY, By E. A. QuiNTAED, President. Wm. H. Mebeitt. 61^2 613 eu 645 previous agree- WHEREAS William H. Meeritt did lease to the Union Coal Company by written agreement dated the 9th day of March, 1865, recorded in the Recorder's Office for Luzerne County, in Deed Book No. 102, page 292 ecorae vested in and are now owned and held by The Northern Coal and Iron Company ; and where- as the said Merritt now finds that mining coal as required in said Leases and leaving pillars of coal to sustain the surface, as required in the aforesaid Leases, is as he believe?, detiimental to his inter- ests, and he desires the said The Delaware & Hud?on Canal Company, their successors and as- signs, to mine ont all the coal on the land embraced in the L?ase3 hereinbefore recited, without refer- ence to supporting the surface, and to strip said mines and remove the pillars of coal now left or that may hereafter be left to sustain the surface, without regard to the injury and damage that may thereby be done to the surface, and proposes tO' indemnify and hold harmless the said Company against any and all claim or liability for any and all injury and damages that may be done to the surface of any of the lands leased, or under which the coal is leased, under or by virtue of the afore- said Lease of said Merritt to the Union Coal Com- pany, by any mode or manner of mining the coal U7 stipulation of whicli the said the Delaware & Hudson Canal Company may have adopted and practiced, or by mining out and removing the pillars heretofore, now, or that may hereafter be left, without regard to support of the surface over said mines, or any part thereof. JVow, therefore, the said William H. Merritt, in consideration of the premises and of the ad- vantages and increased amount of rentals to be derived thereby, doth, by these premises, waive previoTs"agree T -1 ,1 .'.•'. ,, ■■■/, 'TT ment as to sup- and release the provision in the aforesaid Lease port of surface p .. .-,-■,. , • ^ annulled. lor mining said coal m any particular manner, or for leaving pillars for the support of the surface in mining and removing coal under his aforesaid Lease to said Union Coal Company, and doth hereby request and authorize the said The Dela- ware & Hudson Canal Company, their successors and assigns, to mine and remove the coal in such manner as they may prefer, and to mine and re- move the pillars now left or that may hereafter be left in said mines for the support of the surface, without regard to the support of such surface, or any part thereof, at their discretion, and doth hereby release any and all damage, claim, action or actions, or right of action or actions for or on account of any and all injury that may be done to the surface by such mining of coal, or by such mining and removing any pillars left, or that may hereafter be left in said mines for the support of the surface of the lands, in or under which the JiSsforK-" coal is leased by said Merrit to said Union Coal "s^ ^ ™'^'«=«- Company. And the said William H. Merritt doth hereby agree to pay all damages that may be recovered by^any owner or owners of the surface of the lands owned by any other party or parties, for or by reason of injury that may be done to any such surface by mining and removing the coal from MS said lands, or by mining and removing the pillars now left, or that may hereafter he left for support of such surface, and by stripping the mines of sup- ports to the surface; and to fully indemnify and hold harmless the said The Delaware & Hudson Canal Company, their successors and assigns, against all claim or claims, action or actions, or right of action or actions, for or on account of any and all injury that may be done to the surface of any lands the coal under which is embraced in the Leases herein mentioned, by the mining and removing coal therefrom or by mining and remov- ing of any pillars left or that may hereafter be left in said mines under such surface for the support of said surface, or by the stripping said mines of the support to such surface, or for or on account of breach of any covenant in said Leases contained, by reason of the mining and removing the coal or the pillars therefrom and stripping the mines of support to such surface. And against all costs, expenses, counsel fees, or other charges in the de- fence of any suit, action, bill, or other legal proceeding instituted to recover damages for or prevent, or hinder the mining and removing the pillars left or that may hereafter be left in said mines for the support of the surface. costsa„ddama- ^^^ ^^^^ further agree that in case of any re- fll ma^'^e^re CO Very for mining any of the coal or any or all of royalties""' "' *^^ pillars of coal as aforesaid, or stripping said mines of any or all supports to the surface, the said The Delaware & Hudson Canal Company, their successors and assigns, may and shall retain out of any monies, rents, or royalties that may be due and payable, or may become due and paya- ble by and from said Delaware &, Hudson Canal Company to said Merritt, such amounts as shall fully indemnify said Company, their successors or assigns, against all recoveries, costs, expenses, counsel fees, and other charges, and apply such 6i^9 monies, rents, or royalties to the payment thereof, and for all sucli payments the said Merritt shall and will give credit on account of any monies that may be or may become due and payable to said William H. Merritt from or by said Delaware & Hudson Canal Company, their successors and assigns. And it is understood that the time, mode, and manner, and the extent when or how the pillars of any part thereof shall be mined and ^removed shall be entirely at the discretion of the said Company, , 1 • ^ . A 1 . 1 , ■• , Removal of pil- tneir successors and assigns. And that it lars not owiga- shall not be obligatory upon said Company '"'^"p"" ®^^^® to mine and remove the said pillars, but that their action under this agreement as to mining and removing pillars shall be optional and discretionary with said Company, their successors or assigns , and that this agreement on the part of said Merritt shall continue and be binding on him and his heirs, for the full protection of the said The Delaware & Hudson Canal Company, their successors and assigns, against any liability for or on account of mining and removing' coal from and under the lands aforesaid, or of mining and removing any or all pillars therefrom, or of stripping said mines of any and all support of the surface of said lands. And it is further understood and agreed that the said Merritt waives all obligation on part of the Northern Coal and Iron Company under Northern coai the Lease now held by them under the merger of pany re°i^8ed°' The Baltimore Coal and Union Rail Eoad f^Ta?e'p^S Company into the said The Northern Coal and Iron Company to leave pillars of coal for support of surface in mining the coal under said Lease, either by themselves or their successors or assigns, and that the provisions of the foregoing agreement shall extend to the 650 said, The Northern Coal and Iron Company as fully as to The Delaware & Hudson Canal Company. In witness whereof I have hereunto set my hand and seal this Tenth day of April, A. D. 1872- W. H. MEEEITT. [seal.J In presence of EDWARD DUNHAM. 651 652 653 THIS INDENTURE, made the 18th day of November, A. D. 1865, by and between Wm.. P. Miner, Jesse Thomas and Ellen E., his wife, Asher Miner Abbott, Wm. P. Abbott, Stephen H. Abbott, Enoch E. Lewis, John Lent and Caroline D., his wife, Wm. Butler and Letitia M., his wife, Mary E. Lewis, Anna L. Wentworth, Lincoln McVeagh and Charles McVeagh, (the said Anna, Lincoln and Charles, by their re- spective guardians,) Mary Ellen Lewis, Alice C. Lewis, Willie R. Lewis, Stephen P. Darlington and Josephine L., his wife, and Charlton T. Lewis, heirs and legal representatives of Charles Miner, deceased, of the first part, and the Union Coal Company, of the other part : WITNESSETH. — That the said parties of the first part, for and in consideration of the covenants hereinafter mentioned of the said party of the second part, have demised, leased and to mine, let and by these presents do demise, lease and to mine, let unto the said party of the second part, their successors and assigns, all the mineral or anthracite coalof the two veins of coal known as „ ... • T -T-rr»i n(r» 11 t i tvt • Description, the "Wilcox Mme as opened on lot JNo. 8, m certified Wilkesbarre, now Plains Township, Luzerne County, Pennsylvania, lying and situate east of Mill Creek where said Creek crosses said lot number 8 near the Wilcox Coal Mine now occupied by the said party of the second part ; and the right and privilege of mining and taking Eigiitto™B away all the said coal in, upon or under said tract of land east of said creek, so far as the same is 654 Use of surface, owiied east of Said Creek hj tlie said parties of tli^ first part ; and also the right and privilege to enter upon, use and occupy such parts of the surface of said part of said lot lying east of said creek, owned by the said parties of the first part, as may be necessary for the purpose of sinking shafts, slopes or drifts, mining, preparing and shipping coal therefrom, and for erecting thereon such buildings, machinery and improvements as may be necessary for the business of mining, pre- paring and shipping coal, and disposing of coal dirt. The place of deposit of coal dirt to be des- ignated by the said parties of the first part, or some one of them, and to make the necessary rail- road tracks for the accommodation of said busi- ness; and also the right of way for the new slope of the party of the second part, so far as the same is located on the lands of the said, parties of the first part. And the said party of the second part, for and in consideration of the aforesaid covenants of the said parties of the first part, do hereby covenant and agree to and with the said parties of the first part, their heirs, executors and administrators, to pay to the said parties of the first part, their heirs, executors, administrators or assigns, for all the coal mined, taken, or sold under this lease, Kate per ton. ^^^ ^^"^ ^^ tweuty-five ccnts, per ton for each and every ton of merchantable coal of twenty-two hundred and forty pounds, except for that size of Pea coal. gQ^l which will pass through a screen of five- eighths inch mesh, for which no charge shall be made and no rent paid. And the said Company Coal to be fur- shall fumish at the mine free of charge to the MinOTfMd^'- said Wm. P. Miner, or to whomsoever shall ^mptio™' occupy the Charles Miner homestead, during the continuance of this lease so much coal as shall be required for family use at said homestead. 655 And the said party of the second part further agrees to mine from the lands hereby leased and pay for at the rate aforesaid, not less than ten thousand tons of coal per annum until the coal of SSedannSaUy. said two veins is exhausted; and in case a less amount is mined or shipped in any one year, the rent shall be regularly paid on said amount of 10,000 tons annually, payments to be made semi- annually on the first day of February and the first ^^5™™*"- day of August in each year, and the said party of the second part shall have the privilege of mak- Deficiency in ing up any deficiency in said quantity during the *™°*' luantity continuance of this lease without further charge ; and shall make semi-annual returns, at the time Accounts of of making the payments of rent, of all coal mined, ™*i™°^^- shipped or sold. The first semi-annual payment First semi-an- of rent shall be made on the first day of February "^^ p»y™«°*- next, A, D. 1866. And it is further agreed that the said parties of the first part shall have free access to the mines, Lessors to have mine books, shipment books, weigh lock and rail- SineTand ab- road returns of weight, or by any other mode ™™*^' established, to satisfy themselves of the correct- ness of such returns. And it is hereby expressly stipulated, agreed upon and understood by and between the parties hereto, that in case the party of the second part' Penalty in case shall fail or neglect to make any payment of rent payment of as above stipulated within three months after the same shall become due and payable by the terms of this lease, then and in such case the party of the first part shall have the right and option to declare this- lease from that time forward abso- lutely void, and the rights of the party of the second part forfeited, and to re-enter upon and take possession of all the mines, buildings, machinery and improvements of every kind, and to hold the same absolutely and without liability 656 Proviso. Mines to be worked in a workmanlike manner. Taxes. of any kind to the said party of tte second part. Provided^ that a payment, in full, of all sums due by said party of the second part hefore such re-entry and declaration by said parties of the first part, as aforesaid, shall re-instate and restore the said party of the second part to all their rights and privileges under this lease. And it is further agreed that ^he said party of the second part shall, at all times, work the mines in a workmanlike manner, so as not to let in the water of Mill Creek; leaving sufficient pillars of coal to support the roof of the mines, and shall take out all the merchantable coal (except the necessary pillars) as they mine. And it is fur- ther agreed that the said party of the second part shall pay all taxes assessed on coal mined under this lease, and upon so much of the surface as they shall occupy and upon all improvements erected by them thereon. And it is further agreed that the said party of the second part shall not be liable for any damage to the surface owned by the said parties of the first part, by the falling in of the mines where proper and ordinary care has been taken in mining as above agreed. 17* *„f„- It is further agreed and understood that the Extent of mi- , . . .-. *^ -i . -. -. -. «t i «™|P|iviiege8 naming privileges herein granted and described shall extend to and be taken to embrace all the coal upon said lot number 8, owned by the par- ties of the first part, and lying easterly of the line of the slope of the party of the second part now constructed but not to extend to and embrace any other veins than the two veins here- inbefore mentioned and the said parties of the first part hereby reserve to themselves, their heirs and assigns, the right to mine and remove the coal from all other veins upon said lands by and Damage to sur- face. 657 through openings of their own, as they shall deem proper; provided, however, that they shall proTiso. in no wise interfere with or o1:)struct the opera- tions of the parties of the second part in mining and shipping from the said two veins hereby leased. Witness, the hands and seals of the parties hereto, the day and year first hereinbefore written in duplicate. "WM. P. MINER. JESSE THOMAS. STEPHEN" H. ABBOTT. THE UNION COAL CO., Per E. A. Quintaed. President. WM. S. ABBOTT, By his Attorney in fact Caltin Paesons. ELLEN E. THOMAS. ASHBR M. ABBOTT, By his Atttorney in fact Oaltin Paesons. MART ELLEN LEWIS. CHARLTON T. LEWIS. WM. BUTLER. L. M. BUTLER. JOHN LENT. CAROLINE D. LENT. ISAAC THOMAS. S. P. DARLINGTON. JOSEPHINE L. DARLINGTON. E. E. LEWIS. 658 659 660 661 ARTICLES OF AGREEMENT made and concluded this 23d day of January, 1867, Between Heney C. Gibson and James T. Young, Execu- tors of the last will and testament of John Gibson, deceased, of the one part, and John Jermyn, of Rushdale, Luzerne County, of the other part. WITNESSETH, That the said party of the first part, for themselves their successors and assigns, as well for and in consideration of the coveinants and agreements hereinafter mentioned, to he kept and performed by and on the part of the said party of the second part as for and in consider- ation of the sum of one dollar to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath leased and doth hereby lease unto the said John Jermyn, his heirs and assigns one million tons "*"'"'"*'' '^*°^^ of anthracite coal contained in the vein now being worked by the said John Jermyn, at the colliery of the said party of the first part, in said Town- ships of Blakeley and Carbondale, late the prop- erty of John Gibson, deceased, lying or being on or under that certain piece or parcel of land situate in the Townships of Blakeley and Car- bondale, County of Luzerne, State of Pennsyl- vania, containing eighteen hundred acres more or less; Together with the right to enter upon and into Eig^t to mine, said lands and to erect, construct and use all necessary buildings, machinery, fixtures, appur- tenances and mine openings of whatever descrip- tion, and to dig, mine and remove said coal. 662 And the said party of the first part further hereby leases and grants to the said party of the second part without charge for the purpose of this contract the right to build and maintain all mi!?oadsr&c'"J'^ilroads, tumouts, switches, slopes, tunnels, mine- roads, wagon-roads, ditches and drains he may find it necessary to construct across or upon said tract of land, and also the use of all the said buumng™&c°'^l^ii n , quality of coal, consequence ot increased expense and dilnculty in mining and cleaning said coal as hereinbefore recited, or in case the said land shall become so far exhausted as to render it impossible, or im- practicable, or unprofitable to mine the stipulated quantity in any one year, then in either case the said party of the second part, his heirs or assigns, are only to pay for the quantity of coal that can be safely and economically taken out. And it is further agreed that if in consequence qiffitymaybeOf ^ strlkc amoDg the employes of the party of of "trikei" ""'^ ^^^6 second part, or of the breaking of machinery, or of hindrance, delays, or other disabilities in getting said coal to market, which may occur without the consent, connivance or neglect of the said party of the second part, his heirs or assigns, or if at any time during the continuance of this 665 contract the party of the second part, his heirs or assigns, deem a curtailment or suspension of his business necessary or desirable, then, and in that case they may reduce the quantity to he mined and paid for under this lease in the year then being in the same proportion as the produc- tion of coal mined by other parties and forwarded to market by the Delaware and Hudson Canal Company shall be reduced. And the said party of the second part, his heirs or assigns, hereby agrees to pay for the coal mined and taken out in pursuance of this agree- ment at the rate of ten cents for every ton of sate per ton. 2240 pounds clean merchantable coal, said rents to be paid between the first and fifteenth days of each month for the coal mined during the pre- ceding month. And it is further agreed and understood that if the said party of the second part, his heirs or assigns, elect to do so they may increase the quantity beyond that stipulated to be mined in f ^^"a'f^^^ntity any one year and at his option may diminish the^iy^JJ^e in- quantity for any succeeding year or years by an amount corresponding with such increase. And it is further agreed that the said party of the second part, his heirs or assigns, shall weigh ^^jgii™g "^ the coal in cars and upon scales provided by the Delaware and Hudson Canal Company, and placed in the railroad track; that in weighing said coal an allowance shall be made sufficient to compensate for ice and snow that may be on the cars, and for wet coal and any number of pounds in the weight of a car of coal less than one hundred (100) shall not be counted, and any fractional part of a hundred pounds in the weight of a car shall be counted as one hundred pounds 666 Term "mcr- clian table" defined. "Inspection." in deducting the weight of the car. The account of such weight shall be open to the inspection of both parties. It is further mutually understood and agreed ' that the term "merchantable coal" , shall be understood and defined as follows, to wit: That all the coal to be mined under this agreement shall be with the same expense of mining and cleaning as good as the coal taken from the mines of and sent to market by the Delaware and Hud- son (^anal Company, and that it shall be subject to the inspection of the Superintendent of the Delaware and Hudson Canal Company, whose decision as to the quality of said coal shall be final and conclusive. The said party of the second part, his heirs or assigns, hereby agrees to Manner of work- work the Said vciu of coal upon the land hereby leased, continuously and as soon as opened, and according to the most approved method of mining, so that no more coal shall be wasted than is absolutely necessary, and to leave in the said vein no good merchantable coal that can with proper caution be taken out : to construct and keep in repair during the continuance of this lease good and substantial gangways, airways and water courses in said vein, and to keep the same free and in good order and repair. And the said parties of the first part, their agents and assigns, shall during the continuance of this lease have accTstomfnJs^fr^^ iugrcss, egrcss and regress into and from said vein, lands and the level therein at all times for the purpose of measuring, examining and survey- ing the same, and if they or any of them shall be of the opinion that the mines are worked in an improper manner, or so as to prove injurious to future workers and the party hereto cannot agree upon the change or alteration of plan for the future working thereof, then each party hereto shall choose one disinterested person and the 667 two thus cLosen shall choose a third and the said three thus chosen shall examine the mines, and if they or a majority of them shall decide and report after examination that the mines are not properly?^pj?p^'iJf^y worked, or worked so as to prove injurious to ^^Jf /^"^^Jit^j.^ future workings, then they or a majority of them o' '^"^^• may prescribe, the mode of working the same so as to obviate whatever they shall have found objectionable, and if the said party of the second part shall fail or omit to repair any injury done or make compensation for the same and there- after to work the said vein in the manner pre- scribed, then the said parties of the first part, their heirs or assigns, may at their option declare this lease forfeited and take possession of the said demised premises, but such taking possession shall not bar or preclude any right or claim for damages which said parties of the first part, their heirs or assigns, may have sustained by reason of such improper workings, or for arrears of rent. That the said party of the second part hereby agrees that this lease shall not be assierned- or transferred either in part or in whole, or the d e- assigned wia- , . ^ 1,1 p , ii out written con- mised premises or any part tnereoi, except the sent of lessor. miners' houses sub-let without the consent in writing of the said parties of the first part, their successors or assigns, first had and obtained except as hereinafter provided. Whereas the said party of the second part is about to erect a breaker, steam engine and ma- chinery and apparatus for mining and breaking coal, &c., and by railroad tracks sufficient for the preparation and shipment of the amount of coal required to be taken away as aforesaid, it is here- by agreed that the said parties of the first part shall at the expiration of this lease upon the full 668 8 ctase'toeakei, compllafice Eud fulfillment on the part of the said & olfSeMe!™" party of the second part on the terms and con- ditions thereof, purchase and pay for the same at a valuation to be made by three disinterested persons to be chosen as hereinbefore provided. That in case the said party of the second part, his heirs or assigns, or his agent or agents shall Manner of ap-nefflect or refuse on ten days notice to select one pointing referee ~ • i i i i less^e^'I failure ^■'^^^'''^^®^^^*^ persoD to act With the One selected to do so. "by the said parties of the first part, their succes- sors or assigns, in any of the cases of reference mentioned in the lease, then the presiding Judge of the Court of Common Pleas, of Luzerne County, may at the request of the said parties of the first part, their successors or assigns, or any of them appoint said person and full faith and effect shall be given to any and all the acts of such referee as if chosen in the manner first herein- before mentioned. That the said party of the second part hereby Buildings and further aCTCCS to keep in srood order and repair kept in repair, durmg the coutinuance of this lease all the build- ings and hoisting and pumping machinery erected and used at and about the said slope (which buildings and machinery will be the property of the said party of the second part) to efiFect and Insurance. keep au insurauce upon said buildings and ma- chinery of not less than fifteen thousand dollars, and in case of loss or damage by fire the said amount of insurance or so much thereof as shall be paid shall be applied to the repairs or recon- struction of the said buildings and machinery and any deficiency that may be required for such repair or reconstruction shall be supplied by the said party of the second part. That the said party of the second part, his heirs or assigns, hereby further agrees that in the 669 event of the voluntary stoppage of mining coal Sl3ng°opefa- or of driving gangways and preparing therefor, ^^^^p^fo^P^^Ji at the said colliery for any period of sixty ciays*''™™^*®'^*^^- without the written consent of the said parties of the first part, their successors or assigns, or in the event of any person or persons levying upon or causing to be seized or levied upon under any writ or process issuing out of any court of law or equity the interest or property of the said party of the second part of in or to the said de- mised premises, or the buildings and fixtures thereon erected, and such seizure be not with- drawn or discharged before the time appointed for a sale under said process or if the workings of the mines of the said party of the second part, his heirs or assigns, shall be suspended for the space of thirty days after such seizure, then in either the above events this lease shall, at the option of the said parties of the first part, their successors or assigns, be deemed and taken to have ceased and terminated, and it shall be lawful for the said parties of the first part, their successors or assigns, then into and upon the said demised premises to enter and so repossess themselves thereof with the buildings and fixtures thereon erected in the same manner and with the like effect as if this lease had terminated by its own limitation as herein provided. That the said party of the second part, his Lease tote mb- pre- heirs or assigns, shall have the right to mine one^^Bjons li million tons of coal, and no more wnder this lease. Sent *^^'*' It is further understood and agreed that the rights granted under this lease or agreement are subject to a certain other lease or agreement, made be- tween John Gibson, deceased, and John P. Offer- , man, dated August 13th, 1858. That none of the provisions, covenants, stipu- lations or agreements of this lease shall be sus- 670 10 Provlsione of lease to be changed or modified only by written agreement. pended or modified otherwise than by writing signed by all the parties hereto, their successors or assigns, and annexed to this lease, nor shall act, matter, or thing whatever be considered as a waiver or suspension of any obligation, covenant or agreement of this lease unless it be specifically stated in writing as aforesaid. Taxes. It is further mutually understood and agreed that the party of the first part shall pay all taxes upon the lands hereby leased and the party of the second part all taxes upon the improvements he may erect or construct. to be subject to , proTisions of betwcen contract be- tween lessee and Delaware and Hudson Canal Co. And it is further provided and agreed by and between the parties hereto that this agreement is made subject to all the provisions and agreements made and entered into in and by a certain con- TMs agreement tract iu writins" bearins" even date herewith, made the said John Jermyn and the said Delaware and Hudson Canal Company, and to which said contract and all the agi-eements and provisions therein contained the said party of the first part hereby give and acknowledge their full and unqualified assent, acquiesence and approval, and hereby agree that all the provisions and agreements so therein contained and mentioned, may and shall be respected and carried out as they contemplated so far as the rights, interest and property of the said part of the first part may be affected thereby. In case of failure of lessee to f nlfll contract witb Delaware and Hudson Canal Co. the latter may take possession of these mines and fixtures and work them under the pro- visions of this lease. And it is further hereby agreed by and be- tween the parties hereto that in case of the failure of the said John Jermyn in any manner to com- ply with the terms of the aforesaid contract between said John Jermyn and the said Delaware and Hudson Canal Company, bearing even date herewith whereby the said Canal Company may 671 11 be entitled to take possession of tlie mines, lands, premises and fixtures hereby leased as provided in said contract, then and in that case the said Canal Company may enter upon and into the said land and premises and every part thereof, and so occupy use and enjoy the said property hereby leased and every part thereof as fully and in the same manner as the said John Jermyn did, might or could have done prior to said failure. Provided always that the various rights and privileges , privileges granted and reserved to the said lessee Smiy 'for of entering upon the said demised premises and 'ome™ on'ttese upon the lands of the lessors;, of constructingP™"'^''^ buildings, machinery and fixtures; of opening mines; building and maintaining railroads, turn- outs, switches, slopes, tunnels, roads and other constructions, and all i'ights and privileges for using the said lands for repair shops, breakers, chutes, miners' houses and other buildings; of dumping coal and of using the surface for pastur- ing horses and mules as well as all rights of quarrying and taking stone and timber for build- ings or otherwise, and all other rights and privil- eges of a like character shall be used and en- joyed by the said lessee, only for the .use and advantage of the said colliery or openings neces- sary for the purposes of this contract, and for purposes connected with the mining, handling, cleaning, preparing and transportation of the said coal or incident and necessary for such purposes, to which purposes the said rights and privileges are limited and restricted. And provided further that nothing herein con- tained shall be so construed or taken as to autho- rize or empower the said lessee to use and enjoy any of the said rights or priviliges for any other purpose whatever. 672 12 In Witness Whereof tlie said parties to these presents have hereunto set their hands and seals the day and year first above written. Executors. [Seal.] HENEY C. aiBSON, [Seal.] JAMES T. YOUNG, [Seal.] JOHN JEEMYK In presence of JOSEPH A. ' CLAT, H. Z. GLAT. 673 THIS AGREEMENT made and conchided this 23d day of January, A. D. 1867, between John Jeemyn, of the Township of Blakely, in the Caunty of Luzerne and State of Pennsylvania, party of the first part, and The Peesidknt, Man- AGEES AND CoMPANY OF THE DeLAWAEE AND Hudson Canal Company, party of the second part : WITNESSETH, that the said party of the first part for and in consideration of the covenants and agreements hereinafter contained to be kept and performed by the said party of the second part, and also in consideration of one dollar to him in hand paid by the said party of the second part, at and before the execution hereof, the receipt whereof is hereby acknowledged, hath granted, bargained and sold, and by these presents doth grant, bargain and sell unto the said party of the second part, their successors or assigns, 1,000,000 tons of the anthracite coal in and upon a certain Quantity sow. piece or parcel of land containing 1,800 acres, more or less, which Henry C. Gibson and James T. Young, Executors of the last will and testa- ment of John Gibson, deceased, by an agreement, in writing, bearing even date herewith, leased to the said John Jermyn, situated in the Townships of Blakely and Carbondale. And the said party of the first part, also, for the considerations aforesaid, covenants and agrees to and with the said party of the second part, their successors or assigns, to mine and deliver to the said party of the second part, their successors or assigns, in the cars of the said party of the second part upon suitable and convenient side 674 tracks furnislied or to be furnished by the said party of the first part, and connected with the railroad of the said party of the second part, the location of such side tracks to be fixed upon and approved by the Superintendent of the said party S?ned"aiiy.''° of the sccoud part, 375 tons of said coal on each and every day, as nearly as may be practicable, between the 15th day of April and the 1st day of December, and so much not exceeding 250 tons per day on each and every day between the last day of November and the day that the cars may be stopped upon that part of the Eailroad of the said party of the second part that extends below Carbondale, as the said party of the second part may require, Sundays and the usual holidays excepted, it being the intention of the parties quan'Sty'tobe hercto that the maximum annual quantity of coal mined ammaiiy ^^ -^^ delivered aud rcceived under this agreement shall be 100,000 tons until the whole of the said 1,000,000 tons of coal herein bargained and sold shall be delivered. Proportion of diiferent eizes. All the said coal to be delivered, as aforesaid, by the said party of the first part shall be in such proportions of the different sizes, viz : lump, grate, egg, stove and chestnut, as the Superin- tendent of the said party of the second part may, from time to time, order and direct. Said Superintendent being hereby authorized, and having the right, by virtue hereof, to require the delivery of the same proportion of the dif ferent sizes as, for the time then being, may be produced at any of the mines owned or worked by the said party of the second part. And the party of the first part further cove- nants and agrees, as aforesaid, that all of said coal t^"be"^e?i^ered. shall bc free from dirt, slate and all foreign sub- stances, and it shall be of as good a quality, and 675 be cleaned and prepared in as perfect a manner as any coal which the said party of the second part may, at the time then heing, mine, clean and prepare at any mines by them owned or leased. And that all the coal delivered under this agreement shall be loaded in the Railroad cars of ^"^"'"s '"'=''"■ the said party of the second part at the cost and ex- pense of the said party of the first part, and that all coal delivered under this agreement shall be subject to the inspection of the Superintendent inspection. of the said party of the second part, or such other person as they may employ for that pur- pose, whose decision as to the quality of said coal and the manner in which the same is cleaned and prepared shall be final and conclusive. And.that all the prepared coal, viz : grate, egg, stove and chestnut shall be broken by breakers and well ♦ screened through screens of the proper size. All chestnut coal shall be passed through a square mesh of at least one inch and over a square mesh ''^*'''' of not less than one-half an inch, and the sizes of all the prepared coal shall correspond with those made by the said party of the second part, for the time then being, at their own mines and breakers. And that all the switching and removing of cars necessary to be done fi^om the time they are switching ana delivered by the said party of the second part^™°™s°f upon the track prepared for the standing of empty cars until they are loaded and placed in a proper position to be taken away, shall be done by and at the expense of the said party of the first part. And the said party of the second part, on , their part, in consideration of the sale to them of said coal, and of the covenants and agreements hereinbefore contained, to be kept and performed 676 Bate per ton. Amount due Gitaon estate. UnBcreened coa]. by the said party of the first part, do covenant and agree, to and with the sa,id party of the first part that they will (the said party of the first part keeping and observing the covenants and agreements hereinbefore contained on his part,) deliver upon the side track with as much reg- ularity as practicable, cars for the reception of" coal and that they will receive and pay for said coal at the following rates, to wit: for every ton of 2240 pounds of clean, merchantable coal in lump 80 cents ; grate 90 cents ; egg $1.05 ; stove $1.25 ; and chestnut 50 cents. Payments shall be made between the first and fifteenth days of each month for all the coal delivered during the preceding month. Ten cents from and out of the pric« of each and every ton of the said coal shall be reserved and kept back therefrom by said party of the second part, and shall be paid over by them at the usual settlement days to the executors of the said John Gibson as and for the royalty and mine rent reserved unto them, in and by the said lease of even date herewith. And all the residue and remainder of said price is to be paid by said party of the second part to said party of the first part, as above provided. And if the said party of the second part so elect they may, during the close of Canal Naviga- tion, receive the coal without separation of sizes, and in that case the party of the first part agrees to and with the party of the second part to de- liver in the cars of the said party of the second part 2,464 pounds of clean, merchantable coal which shall be called a ton ; and the said party of the second part agrees to pay the said party of the first part 82^^ cents for every such ton of 2,464 pounds, as above mentioned. And the said parties hereby mutually agree, each to and with the other, that the coal de- 677 livered under this agreement shall be weighed Sf**^"^"' by a person employed by the said party of the second part, and upon scales placed in the rail- road track at or near the said mines ; said scales to be mutually approved by both parties. That in weighing said coal an allowance shall Allowance for be made sufficient to compensate for ice or snow '"'"'" ""'^'*''' that may be upon the coal cars, and for wet coal, and any number of pounds in the weight of a car of coal less than one hundred shall not be counted, and any fractional part of a hundred pounds in the weight of a car shall be counted as one hun- dred pounds in deducting the weight of the car. The account of such weight shall be open to the inspection of both parties. That said party of the second part shall be entitled to the use of so much land, free of charge, at or near said Colliery as they may desire to use for a repair shop, office or necessary side tracks use of land for and switches, with the right to remove any build- '■^'''^'"''"P' ings or improvements erected thereon at the pleasure of said party of the second part. That if, in consequence of a general strike among employees of either of said parties, or of strikee. the breaking of machinery, or hindrances, delays, or other disabilities in getting said coal to market whidh may occur without the connivance, consent or n^Iect of the respective parties; whereby either of the said parties shall be temporarily prevented from fully performing that part of the foregoing agreement which relates to the quantity of coal to be delivered and received daily, the deficiency thereby caused shall and may be made up by an increase of the daily deliveries to the extent of the ability of the said parties to deliver and receive the same. And neither party shall in consequence of any such temporary failure aris- 678 ing from any of tlie above named causes be con- sidered as violating this agreement. meTofX The delivery of coal under this agreement shall liveries. commence on the 1st day of January, A. D, 1868. And it is further mutually agreed by and be- tween the parties hereto, that in case said party of the second part shall change from their pi'esent manner and route of transportation by gravity railroad to a locomotive railroad, and shall notify and request the said party of the first part to de- change of route livcr the coal to 1)6 mined and delivered under this of railroad and , j.iT i? 11 j.- •^ contractors agreement upon the line oi such locomotive raiJ- ?nciIenmereto road that he will thereupon and immediately at his own proper cost and expense construct the necessary tracks and sidings for the proper and convenient delivery of said coal, and will thence- forth and thereafter deliver all of said coal upon such side tracks connected with such locomotive road instead of upon the tracks now used by said Company, the location of such side tracks to be made and approved by the Superintendent of the said party of the second part. And farther the said John Jermyn agrees to procure from the representatives of the said John Gibson, deceased, for the use and benefit of the said party of the second part, their successors or Eight of wa assigns, a deed of release securing to said party of toSe secured the secoud part the Yxshi of way across, over and across Gibson I'l i . * -t rr\ -i tract. upon their lands, m said Townships of Blakely and Carbondale, for a locomotive railroad with the necessary width for turnouts, switches, side tracks, excavations and embankments free of cost to the said party of the second part. And it is further mutually covenanted and agreed by and between tke parties hereto that in case the said party of the first part shall, for the 679 space of thirty days, at any time during the exis- tence of this agreement fail, neglect or lefuse to or land lately belonging to him; thence along the line of said Brown's lot, so called ; south fifty -four and five-tenths degrees; east four hundred and seventy perches to the place of beginning — con- taining one hundred and ten acres, strict measure, more or less, being the same land conveyed to the said Willard Parker by Artemus Miller and wife, by deed, dated March 29, 1854, recorded in the Recorder's Office, of Luzerne County, in Deed Book, No. 58, page 285, ^^ within five acres oi surface, as the case may be, withm five years after pay- years after they, the said party of the second ceased. part, shall have ceased to make payments under the provisions of this lease, or to mine and re- move coal from said lands. Nothing herein con- tained shall be so construed as to preclude the party of the second part from mining and remo- ving through any openings or improvements they have made any and all coal they shall have pur- chased or paid for from or under said lands of the party of the first part. It being the desire and in- tention of the parties hereto that the party of the second part shall have and enjoy all the rights and privileges required by them for the proper mining and removing of said coal, and that so far as practicable such rights and privileges shall be 808 so occupied, used and enjoyed as not unnecessarily to interfere with tte occupation, use or sale of the .surface for other purposes subject to this agreement by the said party of the first part. And it is further agreed by and between the parties hereto, that should the said party of the of™defJnit in"^" secoud part at any time for the term of one year paymenta, neglect or refuse to mine or pay for the coal ac- cording to the conditions and intents of this agree- ment (except they shall have been prevented from so doing by accident, casualties or causes beyond their control happening to their mines or works) then and in that case the possession of the lands Forfeiture of au'd premises hereby leased shall revert to the Ixdudelessee Said party of the first part, their heirs or assigns, SS apon*pre- and they shall be entitled to enter upon and re- ^il^poJe^of re- pessess the same, but the said party of the second matataiS?ng part, their successors or assigns, shall not thereby '^°*^' be prevented or hindered from entering upon the premises hereby leased for the purpose of main- taining, repairing, using, and securing their air- shafts, airways, gangways, drains, dams, or other improvements or works, constructed by them for securing and maintaining the ventilation and drainage of their mines, or against floods, inflow of water, or other liability to damage, for a period of forty years after the coal shall have become exhausted on or under the said " David Brown" tract, according to the terms and provisions of this agreement. The said party of the second part shall not be held accountable, under any circumstances, for Leasee not ua- ^^J damages douc upou or to the surface of said to^eSalie?''^^ land, or to any improvenients or buildings that are now or may hereafter be made or erected thereon, by the mining, preparing and removing said coal or any part thereof; and the said party of the second part, their successors and assigns, 809 hereby promise and agree, to mine from said lands in the year 1872, and in each and every year thereafter, not less than 70,000 tons of coaLS^annuauy. It being understood, that the said party of the second part is to pay for 70,000 tons of coal in each year, whether the same shall be taken out in such year or not. Provided, that the saidproviso. party of the second part shall not have been relieved from liability to mine said coal in whole or in part, as hereinafter mentioned ; and pro- vided further, that the said party of the second part shall have the privilege of taking out, with- out charge, at any time thereafter, a quantity of coal, equal in amount to the deficiency they may have paid for in any previous year or years. And it is farther agreed that if the coal in any of the veins shall not prove to be of a merchant- able quality, or if it becomes impracticable to mine the same, in consequence of extraordinary abY^^ccSl*'"' expense in mining and cleaning said coal, or if the veins should prove to be of such quality and thickness that the coal cannot be mined and pre- pared for market without greater expense than is bestowed upon the average of coal taken from the same vein in the mines of the said party of the second part in the said Township of Blakeley, for the time being, then the liability of the said party of the second part to mine, take and pay for such unmerchantable or expensive coal shall cease. And it is further understood and agreed, that in case the quantity of coal mined and taken out in anv one year shall fall below the quantity »°™*ii°»°'"y K - ■' , . ■, ,^ •' not to be paid agreed to be taken out m such year, m conse- for when caueed quence of the unmerchantable quality of the coal awe quality of in any vein, or in consequence of increased ex- pense and difiiculty in mining and cleaning the said coal, as hereinbefore recited, or in case the said land shall become so far exhausted as to ren- 810 Lessor shall der it impracticable or unprofitable to mine the stipulated quantity in any one year, then, in either case, the said party of the second part are only to pay for the quantity of coal that can be safely and economically taken out. It is further understood and mutually agreed by and between the parties hereto, that incase havrthrright Said party of the second part shall fail or neglect to mine con- , n ii i i • i n ii- demnedcoai. to pay tor the aggregate quantity oi coal herein- before stipulated to be paid for, except they have been relieved from liability to make payment, as hereinbefore provided, then the said party of the first part, their heirs or assigns, may mine and remove any coal vphich the said party of the second part shall have condemned as being un- suitable for their mining and shall have declined to mine or pay for under the conditions of this lease. „ . Provided the said party of the first part shall so Proviso. . -, -i . •' - . J^ mine and remove such condemned coal as not to interfere with or damage the said party of the second part in their mining operations. The said party of the first part may, at any |Jj^«^^be sub- time, inspect the workings of said mines by a t^oo.j^^^yessor's mining engineer, to see that they are worked with a due regard to the interest of the said party of the first part. And the said party of the second part agree to pay for the coal mined and taken out, in pursu- ance of this agreement, at the rate of twenty (20) Rate per ton. ceuts for evcry ton of 2,240 pounds of clean, mer- chantable coal, exclusive of culm and mine waste, and any coal that will pass through a mesh of one-half inch square in a revolving wire screen. Payments to be made monthly, on or about the Payments. fifteenth day of each month, for coal mined du- ring thel preceding month, to the said party of the first part, their heirs or assigns, at the pay 811 7 office of tlie said party of the second part. The first payment under this agreement to be made on or about the fifteenth day of February, A. D. 1872. Said coal shall be weighed on scales erected by the said party of the second part, in their rail- Sf^'"^"' road track, at a convenieijt point near the mines, which scales shall be mutually approved by the parties hereto. In weighing said coal, an allow- ance shall be made sufiicient to compensate for ice or snow that may be upon the coal cars, and for wet coal, and any number of pounds in the weight of a car of coal less than one hundred pounds shall not be counted ; and any fractional part of one hundred pounds in the weight of a car shall be counted as one hundred pounds in deducting the weight of the car. The account of such weight shall be open to the inspection of both parties. And it is farther agreed and understood, that stipulated if the said party of the second part, elect to do quantity may be Increased In SO, they may increase the quantity beyond that any year, ana stipulated to be mined in any year, and at their lydfmMishel" option, may diminish the quantity for any sue- quem y"ar!^' ceeding year or years, by an amount correspond- ing with such increase, provided that the quantity mined shall not be less in the aggregate than is hereinbefore stipulated. And it is further agreed, that in the event of a fault occurring in the said mines, or in any of ..^^^j^^,, .^ the veins of coal to be worked under this agree- m'lea. ment, the said party of the second part may give notice of such fault to the said party of the first part, their heirs or assigns, when the said party of the first part, their heirs or assigns may elect either to abandon that portion of the work or vein where such fault occurs, or to direct the said 812 Proviso. 8 party of the second part to drive througli tie said fault, paying to the said party of the second part all the expenses necessarily incurred in so doing, over and above the sum of five hundred dollars; it being understood that the said party of the second part are to pay the whole cost of driving through or removing any such fault when such cost does not exceed five hundred dollars. Provided, however, that the said party of the second part shall not be required by the said party of the first part, their heirs or assigns, to drive through or remove any such fault against the judgment or advice of the mining engineer of the said party of the second part, except on the following conditions: — The said party of the first part, their heirs or assigns, may make a, request, in writing, to have said party of the second part drive through or remove such fault, in opposition to the advice of said mining engi- neer of the said party of the second part, when the said party of the second part shall proceed in the work of endeavoring to remove such fault, and shall continue until the said party of the first part shall decide to abandon said work; when, if the fault be not overcome, the said party of the first part, their heirs or assigns, shall pay to the said party of the second part the whole cost of prosecuting said work. It is further understood and agreed, that the SJ„w"iT^ term "merchantable coal" shall be understood .™^«'^f'i- -I 1 •! T n joining lands openings, roads, gangways, buildings, fixtures, ^j^^^^jl^" ex- machinery, appurtenances and improvements made and constructed by them for and during the con- tinuance of this agreement, and until all the coal in the adjoining and contiguous lands that can be worked out from their openings, roads, slqpes, shafts and tunnels, shall have been worked out, and to remove the buildings, fixtures and appur- tenances so made and constructed by them, within a reasonable time after the lands aforesaid shall have been exhausted. 828 12 And it is furtter agreed and. understood tliat Taxes. ^]jg party of the second part shall and will pay all government imposts and taxes hereafter as- sessed and imposed upon the coal mined by them under this lease, and upon all improvements made by said party of the second part upon said pre- mises, so long as the same shall remain the pro- perty of said second party, and the said party of the first part shall pay all taxes upon the lands hereby leased. And it is further agreed by and between the parties hereto that if at any time the said party of the second part shall have paid for as much coal which they have not mined, as in the opinion of the Engineer of the said party of the second part still remains in said premises unmined and subject to be vs^orked under the provisions of this agreement, the said party of the second part shall When payments thereupon Bot be required to make further pay- ments, until they shall have mined out the quantity for which they have paid, and thereafter the said party of the second part shall be liable to pay for the quantity of coal only as the same is mined, using due and reasonable diligence to mine the same; but should the said party of the first part be dissatisfied with the opinion of the Engineer of the said party of the second part as to. the quantity of coal remaining in said premises, he shall have the right to appoint an Engineer, who, in connection with the Engineer of the said party of the second part, shall make the necessary ex- amination, and if they cannot agree, the said two Engineers shall select another Engineer, and the decision of any two of said Engineers upon the question of the quantity of coal remaining in said premises paid for or to be paid for by the said party of the second part, shall be binding upon both parties hereto. 829 13 And it is further understood and agreed that in case any dispute shall arise in regard to the^eXdbrarbi- provisions of this contract, such dispute shall be*™"""' submitted to three disinterested persons, one to be chosen by each party to this agreement, and they -two shall select a third, and decision of said referees, or a majority of them, shall be final, con- clusive and binding upon both parties. In WrrBTESs wheeeof the said party of the first part has hereunto set his hand and seal and the said party of the second part have hereunto affixed their corporate seal, attested by the signatures of their President and Treasurer, the day and year first above written. CHAS. A. MIJSTEE. THE PRESIDENT, MANAGERS AND COMPANY OF THE DELAWARE AND HUDSON CANAL COMPANY, \ "■ *seV" °' \ % ^^0- TALBOT OLYPHANT, Prest. pro tern. Attest CHA-S. P. HARTT. Treasurer. 830 mi 832 833 AGREEMENT, made and concluded this ' second daj^ of September, in the year one thou- sand eight hundred and sixty-eight, by and be- tween the Erie Railway Company, of the one part, and the President, Managers and Company OF THE Delaware and Hudson Canal Company, of the other part, witnesseth : First. The said Erie Railway Company, in con-f^ifd'^a°'roa(i sideration of the covenants and conditions herein |X to s^Ssque- expressed to be kept and performed on the part^*"""- of the said Canal Company, hereby covenant and agree to and with the said Canal Company to con- struct and build, with all reasonable diligence, at its own cost and expense, a good, substantial, per- manent, and first-class locomotive railroad from the City of Carbondale, in the State of PennsyL^ania, to a point at or near the Susquehanna Depot on the main line of their Railway, with all proper and necessary sidings for the making up of trains and the holding of cars loaded and empty, wher- ever the same may be required for the purposes of this contract. That such railroad shall be com- pleted, furnished, and equipped, ready for use in the transporting of coal, freight, and passengers on or before the first day of July, in the year one b? juiy i, isw. thousand eight hundred and seventy. Second. The Canal Company, in consideration S^^^^^g",*"^ of the covenants to be performed on the part of foo'in bold'fof said Railway Company, hereby covenant and agree 1°^?° ^' * ^" to and with the said Railway Company to pur- chase from it One Million Five Hundred Thou- 834 sand Dollars of the par value of the First Mortgage Bonds of the Boston, Hartford, and Erie Kailroad Company, issued, or to be issued, under and by virtue of an agreement between that Company and the said Erie Railway Company, dated 8th October, 1867, (the interest whereon is and is to be guaranteed by the said Erie Railway Company) at the rate of Ninety Cents on the Dollar, to be received and paid for at the rate aforesaid, on the tenth day of each and every month after the work of constructiag such railroad shall have com- menced, in such amounts as the engineer employed by the Erie Railway Company shall certify in writing (to be countersigned and approved by the engineer of the Canal Company) to have been actually expended during the preceding month for labor, materials, and other things incident to and connected with the construction of the said railroad, and so on from month to month, until the price of the aforesaid bonds shall have been fully paid. It being understood that such bonds are to be legal and valid first mortgage bonds, and that the interest thereon is and shall be legally Brit'E" ca ^^ guaranteed by the Erie Railway Company ; and that bonds to the amount of such monthly pay- ments shall be duly transferred to the Canal Com- pany at the time of such payment. cureftom't^f' Third. And the Canal Company further cove- Kra Co*? tte Hants and agrees, in manner aforesaid, that if the fbe"rola*'over ^^^^ Railway Company shall adopt as the line of routejml^rie^'i^^ rallroacL the route already surveyed, and in- ]?°g*''*°p* '^''' tended therefor, by the Northern Coal and Iron Company, then the Canal Company will cause and procure from the said Northern Coal and Iron Company a grant or license to build the said Rail- road over and upon such surveyed route, and that the said Erie Railway Company shall have and receive all grants of land and releases from the owners thereof for right of way which the Canal 835 Company or the said Northern Coal and Iron Com- pany have obtained ; and that whenever the Erie Railvpay Company shall procure the necessary and proper legislative enactments to entitle it, or any other Company it may select to have and enjoy the rights, privileges, and franchises appertaining to such railroad, the Canal Company will cause and procure to be legally transferred all and singu- lar such right of way, and confirm in such Com- pany whatever may have been done under and in fulfillment of this ag-reement. o Fourth. It is further mutually covenanted and ErifcoTo'biiM agreed that if the said Erie Railway Company ^sf^j'S^ffs™? shall fail to construct, build and equip the afore- compS the'" said Railroad by the first day of July, one thou- ^ sand eight hundred and seventy, the said Canal Company may enter into possession of and com- plete the said work of construction and equipment, as above provided, keeping an account of the ex- penses thereof; and that after receiving the afore- said bonds and applying the price thereof to the payment of the costs and expenses of constracting and equipping such railroad, the Erie Railway Company will pay to the Canal Company on de- mand whatever balance may be due for or on ac- count of so finishing and completing the said rail- road and the equipment thereof as aforesaid. Fifth. It is further mutually covenanted andcoaitobe agreed, that after such railroad shall have beenBuffX'&c. ° constructed, the said Erie Railway Company shall transport, and the said Canal Company shall fur- nish for such transportation over the line of such Railroad and the line of the Company's main road, and over any of its branches, from the City of Carbondale aforesaid to such point or points at the ends of the said main railroad at BufiPalo or Rochester, in the State of New York, as the Canal Company may from time to time require, the fol- 836 yfear!""'^^ ''''*''' lowing Yeai'lj quantity, that is to say: from the time the said i-ailroad shall have beeii completed on the first day of July, 1870, to the close of that year, one hundred and fifty thousand tons; in 1871, two hundred and fifty thousand tons; in 1872, three hundred and fifty thousand tons; in 1873, four hundred and fifty thousand tons ; and in every year thereafter, not less than five hundred thousand tons ; and that such annual quantities shall be furnished and transported in the propor- tions hereafter specified. plr'miiffOT° Sixth. It is further covenanted and agreed as caiTying coal, aforcsaid 'that the Canal Company shall pay, and the Erie Railway Company receive, in full com- pensation for the transportation of such coal, one cent per ton, of two thousand two hundred and forty pounds, per mile, for the distance trans- ported, together with a further sum which shall be equal to one-half the net proceeds arising from the sale thereof after dediicting one dollar and forty cents per ton for the coal, and one cent per ton per mile paid on the transportation thereof, and all expenses and commissions in placing said coal in the hands of the prircliasers. It being the true interest and meaning of the parties hereto that it is to be the net sxim per ton realized by AndproceedBof^jjg Caual Compauy from the sale of such coal after deducting the cost thereof and the freight thereon aforesaid, and all expenses and commis- sions in placing the same in the hands of the pur- chaser thereof, and that it is upon such net sum that the further compensation of the Railway Company is to be determined. That the one cent per ton freight as aforesaid shall be settled and paid as hereafter provided, and the further compensation, depending upon the net proceeds of sale, shall be settled and paid from time to time as such net proceeds shall be ascertained. Seventh. It is further covenanted and agreed, S^\^eexci[i- as. aforesaid, that the Canal Company shall have"™^'*''"''"'"'^- the entire and exclusive right, possession, control and direction of all the coal and of all the sale and disposition thereof, transported under this contract,, and may at their discretion fix and regu- late the price and time, terms and manner of the sale thereof without consultation with the said Railway Company, as fully in all respects as if this contract were not executed. But the said Sep'accouSt of Canal Company shall keep a correct account of™"' ^°^^' the prices at which such coal is sold, the amount collected and received therefor, and of all the losses upon such sales, with the charges and ex- penses incurred, to be deducted in arriving at the net proceeds aforesaid, which account shall be open at all reasonable and proper times to the to be open for ■ ,• J • ,• i? ;T 'J T> •! examination of examination and inspection oi the said Kail way e. co. Company. Eighth. It is further covenanted and agreed, in Snsportition manner aforesaid, that the said Canal Company anl^eo'siP/^*"" shall and will supply to the said Railway Com-™^'*''- pany all the coal used by the said Railway Company in transporting the coal under this con- tract at the rate of fifty cents per ton, together with the cost of mining, handling, preparing, and transporting the same to the point where it may be taken by the said Railway Company, to be paid for by the said Railway Company monthly, r cJ mXl'"' on the tenth day of each and every month. month. ^'''"'^ Ninth. It is further covenanted and agreed |rortledi>ythe that the said Railway Company shall and willre'qSS-'edi'"''^ provide and' maintain sidings of sufiicient length for the accommodation of the loaded and empty trains of the said Canal Company at or near the wharves set apart for, or which may be provided by the said Canal Company at Carbondale and Buffalo, or other points of shipping and 838 6 discharging, which sidings shall be laid upon land already belonging to said Railway Company ; provided the said Canal Company shall be satis- lied that such lands are suitable for their business, and provided also, that the said Canal Company may, at their option, purchase lands for the hand- ling, shipping, and receiving or storing coal trans- ported under this agreement at any point at Buf- falo, and place thereon the necessary tracks and sidings, and connect the same with the present termini of the railroad of said Railway Com- pany. When thus constructed the said Railway Company shall operate and maintain the same at their own cost and expense, and any distance ex- ceeding one mile shall be added to and counted in making up transportation. beteanlported Tenth. It is further covenanted and agreed during the year, ^-jjat three tweuty-fourths of the coal so to be transported in each year after the year 1870, shall be transported between the first day of Jan- uary and the first day of April, the residue — twenty-one twenty-fourths in the remaining months, viz : from April first to December thirty- first, unless the parties shall mutually agree on a diif extent proportion. The coal in the latter period to be supplied and transported — July Fourth, Good Friday, Sundays and Christmas excepted — daily, as nearly as may be at a rate per day which shall be in proportion to the whole quantity to be transported in such period. por?the'coaT&" ELEVENTH. It is further uuderstood and agreed provide coal ^^^^ ^j^^ g^^- ^ Railway Company will transport the said coal as the said Canal Company shall from time to time direct, and will pro\ade and maintain at their own cost and expense suitable coal cars, but may use for that purpose its return platform or cattle cars so far as they may have opportunity so to do, provided the same are made by said cars. 839 Bailway Company convenient and suitable for said service. Twelfth. It is farther understood and agreed tanTp™t/n| that payment for transporting said coal as herein- ^y^caSa/c'i'on before set forth, shall be made by the said Canal S month'' ""^ Company to the said Railway Company in the City of New York on the tenth day of each month for all transported during the preceding month. Thirteenth. It is further covenanted and foXie'nBe of agreed that the said Eailway Company will, and Bafflia"''"'* hereby do, grant to the said Canal Company the use of the wharves at Buffalo, so far as the same can, in the opinion of the said Railway Company, be spared without detriment to their other busi- ness — the said Canal Company to keep in repair repa^^''"' such portions of the wharves of the said Railway Company as said Canal Company shall use for the purposes of their business. Fourteenth. It is further covenanted and qnSa'to move agreed that if the said Canal Company require '^"^' ^*°' the said Railway Company to supply at Buffalo and Rochester the power, and move the cars for dumping upon the wharves or into vessels and for making up trains of empty cars at their place, the said Railway Company will perform such service, and the said Canal Company will pay to said Railway Company for such collective service the sum of ten cents per ton. atioctB-perton Fifteenth. It is further covenanted and agreed that the said Canal (Jompany will receive from ^anai ca to^re- from said Railway Company the empty cars at ^«^'*°jf »^| "° Carbondale aforesaid on side tracks adjoining the main track of the railroad, from which said cars are to be loaded in trains and return the same loaded on side tracks in sufficient numbers to compose at least one train of average size, and 840 will receive from said Railway Company the loaded cars and deliver to it the empty cars on side tracks at the termini of the Erie Railway and at each of the intermediate stations to which the coal may be transported — the said side tracks necessary to said business to be provided and maintained by the said Railway Company. That and weigh the ^j^^ Canal (Jompany shall furnish proper facilities for weighing the said coal at some point on the line of the said Railway Company, and that tbe coal to be transported shall be of the average class or quality sold by the Canal Company. That the charges for transportation at the rates aforesaid shall be ascertained from the weights and sales of the coal as made by the said Canal Company in Losses of coal i 'jiji •■ t 'tp by transporta- accordancc With the provisions herein before men- lorhy'the^^.^co. tioned, aud that all losses of coal while the same is in the hands of the said Railway Company shall be accounted for by said Railway Company at the same rate per ton as is provided herein for coal used in transportation thereof and purchased of said Canal Company by said Railway Company. The Erie Railway Company not to be accountable for the ordinary waste in transportation, which shall be governed by the average waste of the Canal Company in the transportation of coal over its own roads. damages to he SIXTEENTH. It is farther Covenanted and agreed Canal Co. that if the Said Canal Company shall fail to fur- nish and deliver to the said Railway Company for transportation any part or portion of the daily quantity of coal agreed to be furnished during the period between the iirst day of April and the thirty-first day of December as aforesaid, provided there is a sufficient supply of empty cars, then and in such case the said Canal Company shall pay the said Railway Company by way of liqui- dated damages fifty cents per ton upon the quan- tity of coal which the said Canal Company shall su so fail to furnish daily. And in case the said almlges to be Railway Company shall fail to receiv^e and trans- p"*'^ ^^ ^- °°' port any portion of such daily quantity of coal to be transported dui"ing such period, then and in such case said Railway Company shall in like manner pay to the said Canal Company by way of liquidated damages fifty cents per ton upon the quantity of coal which the said Railway Com- pany shall so fail to transport daily. In case of failure by the said Canal Company to furnish and deliver, or of failure by the said Railway Com- pany to receive and transport, during the entire period between the first day of January ^nd the first day of April in any year the aggregate quan- tity of coal herein provided for in that behalf, the party in default shall pay to the other party as liquidated damages fifty cents per ton for the quantity as to which it shall be so in default during such period ; but in case of turnouts among employees, or any serious accident to the works of either party, or to the works of any party used by the said Canal Company in reaching the rail- road of the said Railway Company, or of snow or other casualty whereby such delivery of coal or its transportation shall be unavoidably suspended, no damage for such failure shall be paid by either party, nor shall the quantity so suspended be made lip, unless so desired by both parties, pro- vided reasonable diligence is used to overcome the difficulty. It is, however, understood and agreed between the parties hereto, in qualification of the preceding provisions of this article, that for variations by either party from the daily quanti- ties of coal hereby agreed to be furnished or trans- ported by such party to an extent not exceeding five per cent, of the daily quantities stipulated for, the liquidated damages of fifty cents per ton shall not be claimed or claimable against the party so in default, provided such party shall make up the deficiency by furbishing or transporting during 812 10 the entire year the entire quantity stipulated for by the provisions of this agreement in that behalf- daZigefkre'to SEVENTEENTH, It is further Covenanted and be settled. agreed that in case of willful and continued refusal of the said Railway Company to receive and trans- port the coal for the said Canal Company accord- ing to the foregoing provisions of this contract, it shall not be necessary for the said Canal Company, in order to entitle it to the stipulated damages of fifty cents per ton upon the quantity of coal so agreed to be transported, to provide such quantity of coal at Carbondale, or at any point on the rail- road of said Railway Company, or make formal tender thereof from day to day for transportation ; but such liquidated damages of fifty cents per ton shall be claimable and recoverable upon the quan- tity of coal stipulated for upon the basis of such general, willful, and continued refusal of the said Railway Company, so long as the same shall con- tinue ; and in case of any partial neglect of the said Railway Company to receive and transport the stipulated daily quantities of coal, it shall be no objection to the efficacy of any tender by the said Canal Company of coal for transportation hereunder, as a basis for their claim of the liqui- dated damages of fifty cents per ton thereon, that the same quantity of coal so tendered may have been previously or repeatedly tendered for trans- portation and refused ; and in case of willful and continued refusal of the same Canal Company to furnish the coal for transportation by the said Railway Company according to the foregoing pro- visions of this contract, it shall not be necessary for the said Railway Company in order to entitle it to the stipulated damages of fifty cents per ton upon the quantity of coal so as aforesaid agreed to be furnished, to provide or have in readiness at Carbondale or other points on their said road the cars or locomotives wherewith to effect such 813 11 transportation; but sucli stipulated damages of fifty cents per ton shall be claimable and recover- able upon the quantity of coal stipulated for," upon the basis of such general willful and continued re- fusal of the said Canal Company, so long as the same shall continue ; and in case of any partial neglect of the said Canal Company to furnish the stipulated daily quantities of coal for transporta- tion, it shall be no ground of objection to the legal readiness of the said Railway Company to effect such transportation, or the adequacy of its provi- sion of cars or locomotives therefor, that the cars or locomotives shall have remained empty or un- used at Carbondale or other points by reason of any previous failure in the supply of coal for which the claim of fifty cents per ton liquidated damages shall have accrued ; and it is expressly and distinctly understood and agreed that the several stipulated sums of fifty cents per ton men- tioned in this and the last preceding article are in no case to be deemed or taken as penalties, but are agreed upon between the parties as the liqui- dated damages to be paid and received in com- pensation for the defaults for which they are respectively provided. Eighteenth. It is farther covenanted and agreed ^if "rerarls^'of that the said Railway Company shall cause to be ^™^*JnS ** kept at Carbondale, and other points on their railroad at which the said Canal Company may deliver coal under this contract, a daily record of the time of delivery of the empty cars of each train on a side track for loading, specifying the number and tonnage of each car in each train and number of trains so delivered each day up to six o'clock P. M., and shall cause duplicate statements thereof, signed by an officer or agent, to be pre- sented at the office of the said Canal Company at the place of delivery by seven o'clock P. M., one of which to be countersigned by an officer or agent 844 12 bondale. of said Company for the use of the said Railway- Company, and the other left with the said Canal keepdauy'" Company. In like manner the said Canal Com- od'ca?Bat'ca?-'*'pany shall keep a daily record of the numloer and tonnage of each car loaded on a side track for transportation up to six o'clock P. M. on each day, and shall cause duplicate statements thereof, signed by an officer or agent of said Company, to be presented by seven o'clock P. M. to an officer or agent of the said Railway Company at Carbon- dale, or other point of shipment, who shall be designated for that purpose, one of which to be countersigned by said officer or agent, for the use of the said Canal Company, and the other retained by him for the use of the said Railway-Company. cars to be at the termini. °ldla'&°empty NiwETEENTH. It is further Covenanted and agreed ^jP; that a similar record shall be kept by the said Railway Company at Buffalo and Rochester and at each intermediate station in respect to the loaded cars delivered on a side track for the pur- pose of being discharged; and similar duplicate statements thereof, signed as aforesaid, shall be presented to an officer or agent of the said Canal Company at the place of delivery at the close of each day, one of which shall be countersigned as aforesaid for the use of the said Railway Company, and the other retained for the use of the said Canal Company. And in like manner a similar record shall be kept by the said Canal Company of the empty cars delivered at each place on a side track for return to point of shipment, and similar duplicate statements thereof, signed as aforesaid, shall be presented to an officer or agent of the said Railway Company at the place of delivery, one of which, to be countersigned by him for the iise of the said Canal Company, and the other re- tained for the use of the said Railway Company. Should the said Canal Company not have an agent at such intermediate station, it will receive the 845 13 record of the agent of the said Railway Company as prima facie evidence. Twentieth. It is further covenanted and agreed Sioaded with- that the loaded cars delivered by the said Railway'"^*' '"""^^■ Company on a side track at any station to which the coal shall have been transported shall be dis- charged by the said Canal Company within thirty- six hours after the time of their delivery as afore- said, and for each and every day of tw^enty-four hours (not including Sundays and legal holidays) that any cars shall be detained by it beyond such Demurrage, time, the said Canal Company will pay to the said Railway Company at the rate of twenty-five cents per ton of the capacity of such cars by way of liqui- dated damages. Provided that if such detention of said cars be occasioned by turnoiits among em- ployees, or by accident to the works or apparatus of the said Canal Company, or by snow storm, or other casualty, damages shall not be claimed or claimable under this article, proAdded reasonable diligence to overcome the dijfl&culty be used by the said Canal Company ; and provided further, ^j'/°"°° °' that such detention of cars to an aggregate extent not exceeding in an entire year the equivalent of the detention for thirty-six hours of cars having an aggregate capacity of ten thousand tons, such damage shall not be claimed. And it is distinctly understood and expressly agreed that the stipu- lated sums at the rate of twenty-five cents per ton for twenty -fours detention of cars provided for by this article are in no case to be regarded as penal- ties, but are agreed upon between the parties as the liquidated damages to be paid and received in compensation for such default. Twenty-first. It is further covenanted andJ^Xa^t. agreed that this contract shall extend during the continuance of the organization of the aforesaid Companies, parties hereto, under their present 846 14 Canal Co. to pay U. S. and State tax on coal transported. charters and during any renewals or amendments of tlie same, except that either party may discon- tinue it at the expiration of not less than twenty- five years from the date hereof by giving nptice to the other party in writing to such effect five years previous thereto. Twenty-second. It is further understood and agreed that in case of the imposition by the Uni- ted States Government of any tax, impost or excise, for or in respect of coal, the said Canal Com- pany shall, in respect of the coal transported under this contract, bear such tax, impost or excise, and indemnify the said Railway Company against the same, and the said Eailway Company shall itself bear and pay any tax which may be imposed upon its freights or earnings deri\^ed from the transportation of coal hereunder. And in case any charge or tax shall hereafter be imposed upon the coal by authority of either of the States in which the same is to be transported, the said Canal Company shall bear and pay such tax or charge and indemnify the said Railway Company against the same. Claims for TwENTT-THiED. It is further covenanted and agreed that in case either party shall have a claim for damages under this contract, the same shall be communicated in writing by the President or Treasurer of the Company, making sucli claim to the President or Treasurer of the other Company on or by the tenth of the month succeeding that in which the claim shall have arisen or become known. The demand shall specify the particulars of such claim, and if the matter shall not be ad- justed by the parties within one month, it shall be referred, within the following month, to the arbitration hereinafter provided for settlement. 817 15 TwENXY-rouKTH. It IS fuxthei' covenanted and °anal Company, in writing, of the number of ^stfisTOtaBti tons of coal they desire to have transported by ?" betonV™^ the said Canal Companj^ in each and every year, p'"'*®^- commencing with the year 1870, and ending in and including the year 1890, such quantity not to exceed in any one year 500,000 tons ; and ^^^ifeSo^ooV" when such notice shall have been given and re- y°ai..'° ™^ ""^ ceived, it shall be endorsed upon and become a, part of this agreemect, and the tonnage specified in such notice shall be taken to be fixed by both parties, under the provisions of this agreement, re- serving, however, to the Railway Company the option of diminishing the quantity thus specified ^erTesaeop- to the extent of 50,000 tons in any one year, by fo" theStlnTof giving notice, in writing, to the Canal Company, anyone^yL™ of their intention so to do, on or before the 2d day of January in any such year. Third. The Railway Company shall pay and S^bltheSe' the Canal Company receive, in full compensation pem!'coii'co. for the transportation of such coal, the same rate per ton per mile, as is, for the time then being, paid ' or covenanted and agreed to be paid by the Canal Company to the Railway Company, upon coal shipped over the railroad of the said Rail- way Company from Honesdale to tide water, un- der an agreement between the said Railway Com- pany and the said Canal Company, dated the 2d day of September, 1868. It being understood that the rate per mile is to be the same as is paid or agreed to be paid, for the time then being, by the Pennsylvania Coal Company to the said Railway Company, under the contract between 868 l)i8tance fi'onl the mines to Honesdale to be computed at 54 mllesj Railway Co. may purchase coal to supply deficiency in ■amount to be transported. Canal Co. en- titled to com- pensation for additional dis- tance. said comj)anies, and to wliict reference is made ill the aforesaid agreement of September 2d, 1868. FouKTii. In the payment of the freight or trans- portation under this agreement, the distance from the mines upon the property herein above de- scribed, at or near the city of Scranton, to the point of delivery, near the railroad of the said E,ailv\'ay Company in the borough of Plonesdale, the present terminus of the railroad of the Canal Company, shall be computed at fifty-four miles, in computing tlie amount to be paid as freight or transportation by the Railway Company to the Canal Compaii}', without regard to the actual dis- tance; this inci-ease in distance being made and agreed upon to compensate the Canal Company for passing the coal to be carried tinder this' agreement over the Moosic Mountain, across which the railroad of the Canal Company is lo- cated and operated by inclined planes. Fifth, In case the said Railway Company, from any cause, fail to supply the qiiantity of coal to be delivered in any one year, as herein provided, from the foregoing described property, they may, at their election, fui-nish coal for transportation, bj? purchase, or otherwise, at any point upon the railroad of the Canal Company; but the Canal Company shall be paid by the Railway (Jompany for any additional distance such coal may be car- ried, at the same rate per ton per mile as is pro- vided for the transportation of the coal from the property herein described ; and there shall be no abatement in case the distance which such last mentioned coal is transported is less than fifty- four miles. Railway Co. to SiXxil, The Said Railway Company shall, at provide sidings, ^^j^j]. q^s^jj (.qj,^; ^^jj^j expeuse, provide all neces- sary branch room, sidings and switches for the 869 holding of cars, loaded and empty, required to be used in the transportation of said coal. And the Railway Company shall not, either directly or in- ^ pmcL^e' ""*' directly, mine, purchase, receive or take any of pa"n"'8^mSi™g the coal to he furnished and transported under Kheymay"' this agreement, from parties or properties that are ^nScesTo"^ now or may hereafter be under contract to fur- ""'''' <=°°''''"''^- nish, sell and deliver coal to the said Canal Com- pany, unless the said parties or properties are pro- ducing more coal than they have contracted to deliver to the Canal Company, in which case the Railway Company may purchase any surplus. Seventh. The Railv/ay Company shall, at their own cost and expense, provide transfer chutes or Eaiiway co to pockets, at Honesdale, for the transfer of the coal Ssal™™"' to be transported, under this agreement, from the ''^""^^^'^ cars of the Canal Company into the cars of the Railway Company, at the terminus of their re- spective roads in the borough of Honesdale ; and the delivery of said coal in the cars of the. Canal Company, at or near said pockets or transfer chutes, shall constitute a delivery by the Canal Company of the coal to be carried under this Ana receive and J. rpi Tr> '1 r^ in * unload the coal agreement, ine Railway Company shall receive at their own ex- the coal in the cars of the Canal Company, and, '""'^''" at their own cost and expense, unload or discharge the same. Emi-ITH. The Railway Company may, at their option, elect to have all of said coal unloaded, discharged and transferred by the Canal Com- pany, in which case the Railway Company shall SSied'hy^he pay the Canal Company the sum of twenty-five fh°y'ar'^'to?e^ cents per ton in addition to the charges for trans- ™;7o*^ """'^ portation, as compensation for the unloading, dis- charging and handling said coal, as aforesaid. And, in case the Railway Company elect to have the Canal Company transfer said coal at Hones- dale, the Canal Company may dump or discharge 870 notobSgS^to'' said coal, and mix tlie same with the coal being slpara?lfrom Carried, fop the time then being, by the Canal auction'™ ^"'" Company for and upon their own account ; and the delivery by the Canal Company to the Rail- way Company, at Honesdale, of a number of tons equal to that delivered by the Railway Company to the Canal Company, at the mines, shall be re- ceived and considered by the Railway Company as a full compliance Ijy the Canal Company with the terms of this agreement, so far as it relates to to the reception and delivery of coal. If the Railway (Jompauy elect to have the coal, afore- said, transferred and handled by the Canal Com- pany, at Honesdtde, the Canal Company shall c^pmytomt have the right, and they are hereby empowered Seto''in°spert ^' to examlue, inspect and weigh, at the mines, all the iSSS " "' the coal to be carried under this agreement ; and all the rules and regulations governing the in- spection and weight of the coal of the Canal Company, for the time then being, shall be ap- plicable to the inspection and weight of the coal to be received, delivered and transported under this clause, and shall be binding upon both the Railway Com- parties hereto. And the Railway Company will cai/pr°omp™y, fumisli cars at the chutes, promptly, to receive the switching, &c., coal, and will do all the SAvitchina:s and handling at their own ex^' .!• t,,i- pense. oi cars iipou their road at their own expense. Coal to be deli- NiNTH. The coal to be delivered and transport- daiiyquSlI ^^ uudcr this agreement shall be delivered and transported in as nearly average daily quantities as practicable; and the Canal Company shall and will furnish the same facilities as to cars, and the tiiue and manner of transporting said coal, as may be usually furniehed in transporting coal from their own mines, for the time then being. fref^r&c'rto Tenth. Payment for transporting and handling i'ot"of^each'""' said coal, as hereinbefore set forth, shall be made YoA^city" "^^ by the said Railway Company to the said Canal 871 Company, in the city of New York, on the tenth day of each month, for all coal transported during the preceding month. , Elevekth. The said Eailway Company will receive from the said Canal Company, at the mines aforesaid, the empty cars on side tracks pa"y™o ?°ceive adjoining the main track of the railroad, from d™?vCT*them!"'' which said cars are to be loaded, in trains, and m£' ""''"' return the same, loaded, in sufficient number to compose a train of average size ; and will receive from the said Canal Company the loaded cars, and deliver to it the empty cars, on side tracks, at the terminus of the railroad of the Canal Com- pany, at Honesdale. The Railway Company shall furnish proper facilities for weighing the said coal at the 'mines, The Canal Company shall not be accountable for the ordinary waste in transportation, which waste Andfumisii ini "Ti n /•! facilities for shall be ascertained by the average waste of the weigMng, at the Canal Company in the transportation of coal upon its own account. TwELFTi-i. If the said Railway Company shall fail to deliver to the said Canal Company any part or portion of the annual quantity of coal agreed to be furnished, during the continuance of this agreement, then, and in such case, the said Railway Company shall pay the said Canal Com- pany, by way of liquidated damages, fifty cents per ton upon the quantity of coal which the said Railway Company shall fail to deliver, as afore- J*^,"^^*^'^ said, in as nearly daily average quantities as prac- ticable, in each and every year. And in case the said Canal Company shall fail to receive and transport any portion of said annual quantity of coal agreed to be transported during the continu- ance ,of this cofttract, th^n, and in such case, the said Canal Company shall pay to the said Rail- way Company, by way of liquidated damages, 872 fifty cents per ton upon the quantity of coal the said Canal Company shall so fail to transport, as aforesaid, in as nearly daily average quantities as practicable, in each and every year; provided, however, that if the Railway Company shall elect to have the Canal Company handle and transfer the coal at Honesdale, the Canal Company shall not he held liable for damages, for their refusal to transport coal that may be condemned by their inspector. Thirteenth. In case of turnouts among em- ployees, or any serious accident to the works of be pli™bf ° '" either party, or of snow, freshets or other casualty SM%f''ttnke8° whereby such delivery of coal or its transporta- fieBhets,&c. ^-^^ shall be unavoidably suspended, no damages for such failure shall be paid by either party, nor shall the quantity of coal so suspended be made up, unless so desired by both parties, provided reasonable diligence is used to overcome the diffi- culty. Fourteenth. In case of willful neglect and continued refusal of the said Canal Company to "n^^rrfu^cTo I'eceive and transport the coal for the Railway t?ans™rt«)ai Couipauy, accoi'diug to the foregoing provisions cJfn5™™need ^^ ^^^^ coutrEct, it shall uot be necessary for the ?oai Sr mX'""" ^^^^ Railway Company, in order to entitle it to the f^oZday to toy stipulated damages of fift}' cents per ton, afore- said, to provide any coal at the mines or at points upon the railroad of the said Canal Company, or to make formal tender thereof, from day to day, for transportation ; but siich liquidated damages of fifty cents per ton shall be claimable and re- coverable upon the quantity of coal which ought to have been carried during the continuance of such refusal of the said Canal Company ; and in case of any partial neglect of the said Canal Company to receive and transport the stipulated quantity of coal, it shall be no objection to the 873 efficacy of any tender by the said Railway Com- pany of coal for transportation hereunder, as a basis for their claim for the liquidated damages of fifty cents per ton thereon, that the same quantity of coal so tendered, may have been pre- viously or repeatedly tendered for transportation and refused. And in case of willful and continued refusal or neglect of the said Railway Company to furnish the coal for transportation by the said Canal Company, according to the foregoing provisions refu»fto7M-°' of this contract, it shall not be necessary for the canai &!: neld said Canal Company, in order to entitle it to the haTOinmidf-'^ stipulated damages of fifty cents per ton, afore- moti^power. said, to provide, or have in readiness at the mines, or at points along the line of their rail- road, the cars, locomotives, or motive power where- with to effect such transportation; but such stip- iilated damages of fifty cents per ton shall be claimable and recoverable upon the quantity of coal, which ought to have been delivered during the continuance of such refusal of the said Rail- way Company, and in case of any partial neglect of the said Railway Company to furnish the stip- ulated quantity of coal for transportation, it shall be no ground of objection to the legal readiness of the said Canal Company to effect snch transportation, or to the adequacy of its provision of cars or motive power therefor, that the cars or motive power shall have re- mained empty or unused, at points along the line of their railroad, by reason of any previous failure in the supply of coal for which the claim of fifty cents per ton liquidated damages shall have accrued. And it is expressly and distinctly understood and agreed that the several stipulated sums of fifty cents per ton mentioned in this and the pre- 87i 10 ceding article, are in no case to be deemed or taken as penalties, but are agreed upon between the parties as the liquidated damages to be paid and received in compensation for the default for which they are respectively provided. Loaded cats de- FiFTEEKTii. The loaded cars delivered by the Honesdaietobe Said Caual Company to the said Railway Com- loaded. pany, at Honesdale, shall be unloaded and dis- charged by the said Railway Company with the same promptness and despatch as the cars trans- porting coal for and on account of the Canal Company are unloaded and discharged; and in case the cars are detained at Honesdale, beyond the usual time by reason of their not being un- loaded and discharged by the Railway Company, the Canal Company may unload, or cause the same to be unloaded and discharged, and shall be paid by the Railway Company the sum of twenty-five (25) cents for each and every ton so unloaded, or the Canal Company may at their option unload and discharge cars that are so de- tained an unusual time with their own coal, in which case they shall pay to the Railway Com- pany for the coal so taken, the same rate per ton as is paid, for the time then being, b}- the Canal Company to parties who are selling and deliver- ing them coal in their cars, at the mines, v^dth such additional sum as shall have been charged to and paid by the Railway Company to the Canal Company as transportation upon said coal so taken. Claims fof dam- SIXTEENTH, In case either party shall have a Sedfora"bi- claim for damage under this contract, the same shall be communicated, in writing, by the Presi- dent or Treasurer of the Company making such claim to the President or Treasurer of the other Company, on or by the tenth day of the month succeeding that in which the claim shall have tration. 875 u arisen or become known, the demand sliall speciiy the particulars of such claim, and if the matter shall not be adjusted by the parties within the month, it shall be referred within the following month to the arbitration hereafter provided for settlement. Seventeenth. In case of any disagreement by the parties as to the true intent and meaning of SeTo'^e'cifo^n this contract, or any part thereof, or as to any claim by either party arising out of or connected with the business transacted under this contract, or as to any claim for damages under the same w^hich the parties fail to recognize between them- selves, such matter or matters of disagreement as may, from time to time, arise, shall be submitted to the arbitration of three disinterested parties, each party choosing one, and the two parties thus chosen, the third, and the decision and award of a majority of the persons so chosen, shall be final and conclusive between the parties. And in case any matter of disagreement, as aforesaid, arises, from time to time, which the parties fail to re- concile between themselves, and either party gives notice, in writing, of having chosen a dis- interested person as an arbitrator, and the other party neglects or refuses for ten days after such notice to choose a second disinterested person, then, and in such case, the party having given such notice may choose two disinterested persons, and the two persons, thus chosen, shall choose a third disinterested person, and after giving ten days notice of the time and place ,of hear- ing the parties, the said three persons, so chosen, shall proceed to hear the parties, their proofs and allegations, or such party as may appear before them, and make their award, in writing, and the award of the three persons, so chosen, or a major- ity of them shall be final and conclusive between the parties. 876 12 In witness whereof, the parties hereto have caused these presents to be signed by their Presidents, and caused their respective seals to be hereto attached, the day and year first above written. Sealed and delivered ) in presence of ) ERIE RAILWAY COMPANY, JAY GOULD, President. r SEAL T L Brie R. Co. J H. N. OTIS, Secretary. THE PRESIDENT, MANAGERS AND COM- PANY OF THE DELAWARE & HUDSON CANAL COMPANY. THOS. DICKSON, President. r SEAL -| [d. &H. C. Co.J CHAS. p. HARTT, Treasurer. 877 THIS AGREEMENT, made and entered into on tlie 7tli day of December, in the year one thousand eight hundred and sixty-nine, betM^een the Peesident, Managers and Company of the . Delaware and Hudson Canal Company, of the one part, and the Eeie Railway Company, of the other part, witnesseth : That whereas, the said parties did, on the fif- Refers to con- teenth day of May, in the year one thousand i8h9.' eight hundred and sixty-nine, enter into and com- plete a certain agreement, in writing, in and by which it was, among other things, provided as follows : " Second. The said Railway Company shall com^ln" ^™''' and will mine, furnish and deliver, or cause to be mined, furnished and delivered, from the fore- going described properties, at their own proper cost and expense, in the cars of the said Canal Company, in the year 1869, all the coal they can conveniently mine and deliver, not exceeding, however, forty thousand tons; and will, on or before the first day of January, A. D. 1870, give notice to the Canal Company, in writing, of the number of tons of coal they desire to have trans- ported by the said Canal Company in each and every year, commencing 'with the year 1870, and ending in and including the year 1890, such quantity not to exceed in any one year five hun- dred thousand tons ; and when such notice shall have been given and received, it shall be endorsed upon, and become a part of this agreement, and the tonnage specified in such notice shall be taken to be fixed by both parties, under the provisions 878 Terms modified. Notice to be fiven of niim- er of tODB. of this agreement, reserving, however, to the Rail- way Company the option of diminishing the quantity thus specified to the extent of fifty thou- sand (50,000) tons, in any one year, by giving notice, in writing, to the Canal Company of their intention so to do, on or before the second day of January, in any such year;" audit is now desired and agreed on the part of said parties to modify and alter said provision. Now in considei-ation of the premises and of the covenants and conditions hereinafter express- ed, and to be kept and performed by the parties hereto, respectively, it is hereby covenanted and agreed by and betwen the parties hereto, that the said agreement made, as aforesaid, on the fifteenth day of May, in the year one thousand eight hun- dred and sixty-nine, shall be and the same hereby is modified and altered, as follows : and so that the said Railway Company may, at any time after the date hereof, and before the first day of January, in the year one thousand eight hundred and seventy (1870), give notice, in writing, to the said Canal Company of the number of tons of coal, not to exceed five hundred thousand (500,000) tons, they desire to have transported by said Canal Company during said year 1870, and may, in like manner, at any time during the existence of said agreement ; and, from time to time, upon written notice of the number of tons they desire to have transported in any future year, twelve (12) months in advance of the time of addition in- crease upon the number of tons so required, to be transported in the year one thousand eight hundred and seventy (1870), not less than fifty thousand (50,000) tons, but never to an extent exceeding, in the aggregate, five hundred thousand (500,000) tons, and in no case after the number of tons shall be fixed by notice, as herein provided, shall the same be diminished ; and said notice, 879 when given, shall be endorsed upon and made part of this agreement, and the said parties shall, m all respects, be bound thereby as provided in said agreement and all other terms, covenants and provisions therein shall and are hereby continued and ratified, and this agreement made part of the one of the fifteenth day of May. In witness whereof, the parties hereto have hereunto affixed their corporate seals, the seventh day of December, in the year one thousand eight hundred and sixty -nine. In presence of ERIE RAILWAY COMPANY, Signed, JAY GOULD, President. X SEAL "I L Brie E. Co. J H. N. OTIS, Secretary. THE PRESIDENT, MANAGERS AND COM- PANY OF THE DELAWARE & HUDSON CANAL COMPANY. Signed, THOS. DICKSON, President. r SEAL 1 Id. &h. c. CO.J Attest, CHAS. P. HARTT, Treasurer. To THE Delawaee AND HuDsoN Canal Co : Please take notice, that under the provisions of the agreement between the Erie Railway Com- pany and the Delaware and Hudson Canal Com- pany, bearing date the 15th day of May, 1869, as modified by the agreement between the same 880 parties, bearing date the Hh day of December, 1869, the said Erie Railway Company hereby give notice to the said Delaware and Hudson Canal ' sept. a, ises eluded tinder the provisions of the agreement be- tween the parties hereto of the second day of September, one thousand eight hundred and sixty-eight ; and the price of transportation to be charged by the party of the first part to such local stations, shall be the same as specified in the sixth section of the before mentioned agree- ment, except that the additional compensation of the Railway Company shall be computed pro-rata to the interest each party have in the product, upon the terms named in said agreement. Fourth. The Railway Company hereby agree Railway co. that they will not, during the continuance of this toested'in'the , ' ,1 1- ,1^ •!• ,T 1 , sale of anthra- agreement, either directly or indirectly, be a party cue coai, sup- to or interested in the sale of anthracite coal partiel" upon the line of the Erie Railway or upon the line of any Railway which it may own, use, or control ; and, in consideration thereof, the Canal Comj^any hereby agrees to increase the tonnage alrTe'swi^?""^ to be transported east from Honesdale, upon said na?ltoiie*°°" Erie Railway one hundred thousand tons per ^^^Paonerfaie' annum (100,000), on the same terms and condi- tions as are provided for east-bound coal in the agreement of September 2d and of December 11th, 1868. And the said Canal Company further SfJ'estt"^'"^' agrees, that if, at any time during the continu- ifom'Tionls-''^' ance of this agreement, they desire to ship coal oft^°S^]f(f„ from Honesdale in excess of two millions of tons transported'by per annum, which they assume to be the capacity ^"^ company. of their Canal, they will transport such excess to tide water and points east of Honesdale, by the said Erie Railway, provided the said Railway Company furnish proper facilities for the prompt transportation of the same ; and all coal so trans- ported shall be upon the terms and conditions named in the aforesaid agreements of September 884 in full force. 2d and December 11th, 1868, for the transporta- tion of coal east from Honesdale. foimS?Jai Fifth. The Canal Company will ship and the to Newark, N.J. j^j.|g RailM'ay Company transport such coal as the Canal Company may sell, at Newark, N. J., under the terms and conditions of tlie aforesaid agree- ment of September 2d, 1868, for east-bound coal, but it is understood and agreed that the quantity of coal transported to Newark, N. J., shall not apply on the quantity of coal to be furnished by the Canal Company for transportation east from Honesdale. The Canal Company to furnisli facil- ities, at Newark, for promptly unloading the cars and handling the coal. Sixth. It is mutually agreed, that except as herein provided, the contracts of September 2d teactsTremain aud December 11th, 1868, shall, in all their pro- visions, remain in full force and eifect, and that this agreement shall continue in full force and effect, during the continuance of the before men- tion agreement of September 2d, 1868. In witness whereof, tbe parties hereto have caused their respective corporate seals to be here- to affixed and these presents to be signed by their respective Presidents and Secretaries, this first day of November, 1870. ERIE RAILWAY COMPANY, Signed, JAY GOULD, President. V SEAL 1 L Erie E. Co. J MORTIMER SMITH, Assist. Secretary. TliB PRESIDENT, MANAGERS AND COM- PANY OF THE DELAWARE; & HUDSON CANAL COMPANY, Signed, THOS. DICKSON, President. r SEAL n I D. & H. C. Co.J Attest, CHAS. P. HAR'TT, Treasurer. 885 AGREEMENT, made and executed this fif- teenth day of January, in the year one thousand eight hundred and sixty-nine, by and between The Jeffeesow Railroad Company, of the first part, . The Erie Railway Company, of the second part, and The President, Managers and (Company of The Delaware and Hudson Canal Company, of the third part, witnesseth : Whereas, by a certain contract in writing, bear- ing date the second day of September, in the ^I^^^Vorran- year one thousand eight hundred and sixty-eight, f^^^ foncem- between the Erie Railway Company, of the one 'ofa °teS.° cl?- part, and the above named Canal Company, of ^°°^*}fj,a*dfpot the other part, the said Erie Railway Company covenanted and agreed, amongst other things, to contract and build, or procure to be constructed and built, a good and substantial, permanent, first class locomotive railroad, from the City of Car- bondale in the State of Pennsylvania, to a point at or near the Susquehanna Depot, on the main line of their railway, with all proper and neces- sary sidings for the making up of trains and the holding of cars loaded and empty, wherever the same may be required for the purposes of the said contract, and that such railroad should be completed, furnished and equipped, ready for use in transporting coal, freight and passengers, on or before the first day of July, 1870, and if not done within that time, that the Canal Com- pany might enter into possession of the said rail- road and complete and equip the same as provid- ed by the said contract, keeping an account of the expenses thereof, and that after applying the price of the bonds in the said contract mentioned 886 to the payment therefor the said Erie Railway Company would pay the Canal Company, on de- mand, whatever balance might be due for or on account of so furnishing, equipping and completing the said railroad, and that when so completed and equipped, the Erie Railway Company for the con- siderations expressed in the said contract, agreed thereby to transport over the line of snch railroad from Carbondale to, upon, and over the main line of their said railroad and the branches thereof to Buffalo or Rochester, in the State of New York, certain annual quantities of coal therein specified. And that the said Canal Company during the ex- istence of the said contract, should have the right to use, at all times, the aforesaid railroad from Carbondale to the points of its connection with the Erie Railway, for the purpose of carrying coal and other freight thereon to points and places which cannot be conveniently reached by the Erie Railway and its branches, upon paying therefor as trackage, a certain sum in the said contract mentioned, and that the Canal Company should have the right to run trains for coal and miscel- laneous freight as aforesaid upon and over the said railroad, under the same rules and regulations as to time-tables and othervdse, as may be used for the time being upon the said railroad, and should be entitled to have, receive, and enjoy all the rights and privileges upon the said railroad enjoyed by, or accorded to any of the trains run by, for, or on account of the said railway company And further, that the said Erie Railway Com pany should transport, and the said Canal Com pany should furnish and supply to be transported, an annual quantity of coal from Honesdale, Haw ley, Lacka waxen, or Port Jervis, as the Canal Com pany might see fit, of not less in the aggregate than one hundred thousand tons, nor more than two hundred thousand tons, to be transported from the 887 place of shipment to such place or places on the said Erie Railway and its connections between the place of shipment and tide water or interme- diate places as the Canal Company might require at the rates of freight provided for in the said contract. And further, that the said Erie Railway Com- pany should cause or procure to be executed by the company or corporation which should con- struct the aforesaid railroad, an agreement in writing, fully ratifying and confirming the said contract, an^ thereby binding itself as if it were- a party to the said contract, as by the said con- tract, will on reference thereto, amongst other things, more fully and at large appear, and to which reference is hereby made. And whereas. The Jefferson Railroad Company, the party hereto of the first part, a corporation created by the State of Pennsylvania, has con- structed and built a railroad, and which is now in use from Honesdale to Hawley aforesaid, and has undertaken and agreed with the Erie Rail- way Company, the party hereto of the second part, to construct and build the aforesaid railroad from the city of Ca.rbondale to its junction with the Erie Railway, at or near the Susquehanna Depot, in pursuance of the aforesaid contract, and has so executed to the said Erie Railway Com- pany, a lease of the said railroad from Honesdale to Hawley, and from Carbondale to the terminus thereof, at or neaf the Susquehanna Depot, with full power to use, run and employ the whole of the said road during the existence of its charter, upon payment of a certain compensation or rent therein and thereby reserved, and the said Erie Railway Company has requested the said Jeffer- son Railroad Company to make and execute these presents in part fulfillment of the terms of the aforesaid contract. 888 Now therefore, in consideration of the perfor- mance of the covenants and agreements in the aforesaid contract to be kept and performed on the part of the said Canal Company and of the sum of one dollar, paid by the said Canal Com- pany to the said Jefferson Railroad Company, the receipt of which is hereby acknowledged, the rofd co°ratifleB said Jeffcrson Railroad Company hereby fully w™eTEri'e''co. ratifies and confirms the aforesaid contract, and and Canal Co. gygj,y p^j.^ thercof in anywisc relating to the con- struction and equipping of the aforesaid railroad from Carbondale to its junction with the said Erie Railway, to the transportation of coal there- on and to the use thereof by the said Canal Com- pany as therein stated. And the said Jefferson Railroad Company here- by covenants and agrees to and with the other parties hereto, that the aforesaid contract so made and executed by and between the said Erie Rail- way Company and the said Canal Company, shall be binding and conclusive upon the said Jeffer- son Railroad Company, its successors and assigns, in the same manner and to the same extent as if it had been originally a party thereto and had duly executed the same ; and that the said Canal Com- pany shall, at all times, hereafter have and pos- sess the same rights, privileges, immunities and remedies against the said Jefferson Railroad Company, as if it had been an original party thereto, contracting for itself in respect to the construction and equipment of the said railroad from Carbondale aforesaid, the transportation of coal thereon, and the use of its said track. And it is furtber mutually understood, cove- nanted and agreed by and between the parties hereto, that if the Jefferson Railroad Company or the said Erie Railway Company shall fail to construct, build and equip the aforesaid rail- road from Carbon dale to the Susquehanna Depots according to the terms of tlie aforesaid contract, the said Canal Company may enter into pos- ^y*lake ms^''^ session of and complete the said work of con- ^fli" 10^ to""' struction and equipment, keeping an account of jeffeSpnitl'E': the expenses thereof, which expense shall be- etju't'it*" ™°" come a debt against the said Erie Railway Com- pany, and for the securing of any such debt that may be so created, the said Erie Railway Company and the Jefferson Railroad Company agree to and with the said Canal Company, that five hundred thousand dollars of the bonds of the Jefferson Railroad Company, being a part of an issue of two millions of bonds to be hereafter creat- ed and secured by a first mortgage on that part of the Jefferson Railroad between Carbon- dale and Susquehanna Depot, shall be placed in poStld'hru.^sl the United States Trust Company, as security curitytomon^ for the payment of any moneys that the said tUarca'^ "^ Canal Company may advance to complete the said road in- pursuance of said contract : And in case of any such advance by the Canal Com-- pany, and any failure to pay the same on the part of the Erie Railway Company, the bonds so pledged, or enough thereof to pay and satisfy any such debt, may be sold at the best price that can be obtained therefor. And in case the said, bonds do not sell for enough to pay the whole of such debt, the deficiency shall be paid by the said Erie Railway Company. But in case the said road from Carbqndale to Susquehanna Depot is built without any advance of money by the said Canal Company, or in case any such advance is paid by the Erie Railway Company to the Canal Company, then the said bonds so pledged as security are to be delivered to the said Erie Railway Company ; and in case the said Jefferson Railroad Company shall execute any mortgage or mortgages upon that portion of 890 Contract be- ween 6 the said railroad, tlie same shall by a proper clause to be inserted therein, be declared to be subject to all the rights and privileges of the Canal Company under the aforesaid contract. And it is hereby further mutually understood, covenanted, and agreed, that the agreement be- Erie%. tvFeen the Canal Company and the Erie Railw^ay rrfermM^ tp'° Compauy, in reference to the transportation of coal to™l^biMing eastward from Honesdale and other places above b'e. cio^^'°°° referred to, and as contained in the aforesaid con- tract between those Companies, shall apply to and bind the Jefferson Railroad Company so far as it respects the use of its railroad by the Canal Com- pany between Honesdale and Hawley aforesaid, in the same manner and to the like effect and extent as if it had been an original party to such contract. And it is hereby mutually covenanted and agreed, that unless the said Jefferson Raih'oad Company shall agree with the said Erie Railway frelgMmoney. Company as to the just proportion of the freight money to be charged and realized for transporting coal over the said railroad from Carbondale to the Erie Railway, and thence to Buffalo or Roch- ester, and from Honesdale to Hawley, the said freight money or cost of transportation to be paid under the aforesaid contract shall be divided and apportioned between them in proportion to the whole distance, but that the Canal Company shall be entitled and they are hereby fuUy authorized ^eMe' with Erie to accouut to and settle with the said Erie Rail- cos/ o;'t?a°n8- way Company for the whole freight money or cost portation. y£ trausportatlou, the same as if the said Erie Railway Company were the exclusive owners of the entire line of Railroad, leaving the said Jeffer- son Railroad Company to collect from the said Erie Railway Company its just proportion thereof, or such other proportion as maybe by them from time to time agreed upon ; but so far as respects 891 7 tlie Canal Company, settlements with and pay- ments to the Erie Railway Company for the freight aforesaid shall he conclusive upon and a full discharge from the said Jefferson Railroad Company; nor shall the Jefferson Railroad Com-co.shaiihaVe ' >i ., , « - 1 1 , n ■ no reconree pany have at any time any independent claim agamst canai -^ '' • T J. _o J.- • J. 11 • 1 r^ 1 Co. for non-ful- upon or right oi action against the said Canalflument of con- Company by reason of their non-fulfillment of the "^ aforesaid contract or any part thereof. And it is hereby further covenanted and agreed, that this contract"'shall bind the successors and assigns of the respective parties hereto at all times hereafter as fully as language can bind.them. In witness whereof, the parties hereto have caused their respective corporate seals to be hereto affixed, and these presents to be signed by their respective officers on the day and year above written. ERIE RAILWAY COMPANY, JAY GOULD, President. [SEAL.J H. N. OTIS, Secretary. THE JEFFERSON RAILROAD COMPANY, By SAMUEL E. DIMMICK, President. [seal.] Attest : F. M. CRANE, Secretary. 892 THE PEESIDENT, MANAGBES AND COM- PANY OF THE DELAWAEE & HUDSON CANAL COMPANY. GEO. TALBOT OLYPHANT, President. [seal.] Attest : I. N. SEYMOUR, Treasurer. The time for completing the road mentioned in the within contract is by mutual consent extended to the first day of January, one thousand eight hundred and seventy-one. ERIE RAILWAY COMPANY, JAY GOULD, President. THE JEFFERSON RAILROAD COMPANY, By SAM'L E. DIMMICK, President. DELAWARE & HUDSON CANAL CO., GEO. TALBOT OLYPHANT, President. 893 MEMORANDUM OF AN AGREEMENT, made and concluded this 6th day of December, 18V0, between the Delawabe and Hudson Canal Company, lessees of the Albany and Susque- hanna Railroad Company, party of the first part, and the Erie and Atlantic Sleeping Coach Company, party of the second part, in regard to running Sleeping Coaches on the road of the said Albany and Susquehanna Railroad Company, its branches and leased roads, to wit : First. The party of the second part agrees to furnish as many sleeping coaches, of an approved pattern, as may be necessary to properly equip the night trains of the party of the first part, running between Albany and Binghamton or Scranton. And, in consideration of which, the party of the second part shall have the exclusive risrht of run- sleeping 1 ■ 1 1 n /• coaches. ning sleeping coaches over the present roads oi the party of the first part. It being further un- derstood and agreed, that the party of the second part shall have the right to run as many of said sleeping coaches on' each of the trains of the party of the first part as may, from time to time, be necessary to properly accommodate the busi- ness: tlie party of the first part to give reason- able notice, in writing, of any new equipment which may, from time to time, be required to properly accommodate their business, as contem- plated under this agreement. And, in further consideration for the use of coaches furnished by the party of the second part, the party of the first part agrees to allow and pay to the party of the Right to run 894 Compensation Repairs, &c. second part, tlie sum of four (4) cents per coach per mile, for every mile run by said coaches during the term of this agreement, while attached to any of the passenger trains of said company. And further, to repair, renew and replace, as from time to time necessary, the wheels, axles, draw- heads, brake fixtures and trucks of said coaches, dui'ing the continuance of this agreement, using, in all cases, the best quality of wheels in said trucks. It being understood and agreed, that in making said repairs, the expense and cost thereof shall be borne by the parties hereto, pro rata to the distance that the said coaches shall have actu- ally run upon the road of the party of the first part, and upon the railway of the Erie Railway Company and its connections. It being the inten- tion of the parties hereto to run coaches inter- changeably upon the said Albany and Susque- hanna Railroad, and upon the Ei'ie Railway and its connections ; but the party of the second part shall repair and renew the body of said cpaches, unless the same shall be injured or damaged by or through causes over which they have no con- trol, in which case the party of the first part shall make the necessary repairs. Second. The party of the first part shall, at the request of the party of the second pa^rt, promptly make, at its shops, such repairs to said coaches as shall, from time to time, be necessary, either in painting, varnishing, remodeling, or in any manner changing the interior of said coaches, charging the party of the second part, for such service, only the actual cost of the material used and labor performed. And, in case of any unnecessary cap- tious delay in making said repairs, the party of the first part shall become responsible, and pay to the party of the second part, the loss and dam- age sustained in consequence of such delay. 895 jury to passen- gers. Payments. Third. The party of the first part farther agrees to wash and clean said coaches, excepting special '^''^''^"s, &c. fixttires and furniture peculiar to sleeping coaches, and provide in the coaches, fuel, oil or suitable material, for lighting and warming the same ; but, ^"«i«"<"'g" the party of the second part shall attend to the fires in said coaches while in use on the road. The party of the first part shall also be liable to the passengers in said coaches, while in their Liability for charge and upon their roads, for all damages and injury to them, while in said coaches, not the result of the negligence or misfeasance of the party of the second part, or of their employees, in the sphere of their duties. FouETH. As soon as practicable after the close of each month, the party of the second part shall prepare a mileage account, showing, in detail the number of miles run by each of the said sleeping coaches, which amount, as herein provided for, shall be placed to the credit of the party of the second part by the party of the first part, and the balance due from either party shall be paid on or before the fifteenth day of the current month. Fifth. Without the consent of the party of the sebond part, the party of the first part shall not use any of the said sleeping coaches for general Eestrictions "' ii'Tii , • 1 upon use of passengers, on their day or other trains; and, sfeeping when such coaches are thus used, the usual rate shall be paid for such use. And it is further agreed, that if it shall be necessary, in order to get to their places of starting any of said sleeping coaches, they shall be transported on such trains as will most expeditiously effect the object. Sixth. The party of the second part shall not charge for the use of berths or seats in said charges for coaches to exceed the rates eiistomary on other ^ertus, fares, first class lines for similar accommodations, and 896 Exclusive right for five years. they shall use their best endeavors to fill, to their entire capacity, the coaches which they shall put upon the trains ; hut they shall have for their sole use and benefit the sum thus collected. It being understood, however, that the party of the first part shall collect and receive the usual and regular fare as charged to passengers occupy- ing their own coaches; Seventh. The party of the second part, and their legal representatives and assigns, while ful- filling this contract on their part, shall have- for the five (5) years next ensuing, the exclusive right to have run sleeping coaches on the road, or branches, or roads now under lease, of the party of the first part, while the business is conducted in a proper and suitable manner ; it being the in- tention of both parties that these coaches shall be fitted up and run in the usual manner of similar coaches on other roads. Eighth. The party of the first part further agrees to sell, at its principal ticket ofiices, such Sale of tickets, gpccial slcepiug coach tickets as the party of the second part may desire, free of charge. And fur- ther, to furnish, at its terminal stations, such . accommodations as may be usual and necessary to properly clean said coaches, and a usual and suitable place for storing and airing the bedding and furniture used in said coaches. Ninth. And it is further agreed, that if the party of the second part shall, at any time, fail to comply with the pro^dsions of this agreement, or any of them, (the party of the first part having complied Avith and fulfilled all its agreements), it shall be the duty of the party of the first part to call attention to the fact of such default ; and if, after such notice, the fault complained of shall not be rectified with proper diligence, then, and 897 in sucli case, the party of the first part may, at its option, terminate this contract by giving the party of the second part ninety days notice, in be temiMtTd writing, of its intention so to do, and specifying ^^^ni^^tn in such notice the. fault complained of, first pay- ™**°^ ing to the party of the second part the appraised value of the number of coaches and appurten- ances then in use and absolutely necessary to do the business, or which may have been expressly procured for their use, and upon the requisition and under the direction of the party of the first purchase of part, for service upon their railroads. Such ap- fSel praisement to be made by three (3) disinterested persons, one of whom shall be chosen by each of the parties hereto, and the two thus chosen shall select a third, Avhen the award of a majority thereof shall be final and conclusive, and bind- ing upon both parties. Tenth. And it is further agreed that said party of the second part may employ such agents con- ductors, porters, mechanics and servants as may be necessary for the repairins;, furnishing and , . T J „ , J^ . O'l ., T° . No charge to bB taking charge ox and running the said sleeping made for carry- coaches, and the interests thereof, who, with the pOTteraf&c. necessary materials for the same, when traveling upon the business of the party of the second part, . or in the discharge of their duties, shall be car- ried free of charge. Eleventh. And the party of the second part agrees to secure and retain intelligent and oblig- ing servants, to take charge of said coaches, and c^^^jj^gj^oe in all particulars to keep them in such clean, kept clean. comfortable and well furnished condition that they shall be equal to any in use, and, as nearly as may be,, satisfactory to those who ride in. them. Twelfth. And, at the expiration of this agree- ment, the party of the first part agrees to pur- 898 termination of contract. p^hMeda*t° chase of the party of the second part, and to pay for the same, the number of coaches, together with their furniture, equipments, bedding, &c., in the manner and upon the terms and conditions herein provided for in section joine. In witness whereof, the party of the first part hath hereunto affixed its corporate seal, and the parties hereto have caused these presents to be attested by their presidents and secretaries, the day and year first above written. Signed, THE DELAWARE AND HUDSON CANAL COMPANY, By THOS. DICKSON, I''resident. [seal.] Attest, CHAS. P. HARTT, Treasurer. THE ERIE AND ATLANTIC SLEEP- ING COACH COMPANY. By WM. R. BARR, President. JOHN N. ABBOTT, Secretary. 900 901 AGREEMENT, made and entered into this 19tli day of January, A. D, 1870, between The Peesidejstt, Managers and Company of the Delaware and Hudson Canal Company, of the one part, and the Noetheen Central Railway Company, of the other part. Whereas, The said Delaware and Hudson Canal Company are the proprietors and lessees of certain coal mines in the townships of Wilkes- . barre and Plymouth, in the county of Luzerne, and ^tate of Pennsylvania. And whereas, The said Northern Central Railway Company are the owners or lessees of lines of railroad leading from said mines to Baltimore and other cities, towns and stations. And whereas, the said Canal Company desire to have a portion of the coal i'rom said mines transported to market, upon or by the way of said railroad, and the said Railway Company desire to transport the same, and to this end it has been and is hereby covenanted and agreed, by and between the. parties hereto, as fol- lows : First. The aforesaid Canal Company in con- sideration of the covenants and agreements here- inafter contained, on the part of the Railway Com- pany hereby covenant and agree, that imme- diately after the execution of this agreement they will furnish coal for transportation, to such an extent as the markets along and upon the line of said railroad will take, to an amount not exceeding quantity to be two hundred and fifty thousand (250,000) tons Spo'rMoB. per annum ; that they will furnish said coal in as nearly average daily quantities as practicalDle, and as the sales of coal will permit, and that the 902 Railroad Com- pany to furnish care and trans- port coal. Proviso. Compensation, Participation in profits. said coal may be taken from their mines in Wilkesbarre township or from Plymouth, as the demands and wants of customers may require. Second. And the said Eaihvay Company, in consideration of the covenants and agreements herein contained, to be performed ancl kept on the part of the Canal Company, hereby covenant and agree that they will transport the coal, as aforesaid, and, at their own proper cost and ex- pense, furnish car.s for the carrying or transporta- tion of such coal, and will deliver the same at such points upon the line of said railroad as the Canal Company may, from time to time, direct: Promded^ however, that they shall not be requir- ed to deliver any coal apon the line of the Lack- awanng, and Bloomsburg Railroad between. Ply- mouth Bridge and Northumberland; that they will, at all proper points upon the line of said railroads, furnish sidings and such conveniences for discharging cars, as may be necessary for their prompt dispatch; that they will furnish cars at the mines or chutes of the Canal Company, in as nearly average daily quantities as practicable, and as the sale of coal may recj^uire. Thied. The Canal Company shall pay, and the Railwaj' Company receive, in full compensation for the transportation of such coal, one- and one- quarter (li) cents per ton of 2,240 pounds, per mile, upon the railroad of the Lackawanna and Bloomsburg Railroad Company, from Plymouth Bridge to Northumberland, and one cent per ton of 2,240 pounds, per mile, for the distance transport- ed from Northumberland to all points upon their own railroad or branches, and upon the line of railroads hereinafter mentioned, so far as coal may be transported thereon, together with a further sum, which shall be equal to one-half ( |) of the net proceeds arising from the sale of said coal after deducting: 908 1st. The cost to the Canal Companj^ of mining, preparing and shipping said coal into the cars of the Railroad Company. 2d. Forty (40) cents per ton as royalty. 3d. Twelve and one-half ( 121) cents per ton for casualties, &c. 4th. The amount of transportation paid to the Railway Company, as aforesaid. 5th. Plymouth and Wilkesbarre Bridge tolls and transportation from the mines at or near Wilkesbarre, as hereinafter provided. 6th. Expenses of sales, handling and placing the coal in the hands of purchasers. It being the true intent and meaning of the parties hereto that it is to be the net sum per ton realized by the Canal Company from the sales of such coal, after de- ducting the cost thereof, the royalty thereon, the sum named for casualties, the freight aforesaid, bridge tolls and transportation from Wilkesbarre, and all expenses and commissions in placing the coal in the hands of the purchasers thereof; and that it is upon such net sum that the farther compensation of the Railway Company is to be determined; that the freight, as aforesaid, shall be settled and paid upon the 10th day of each month, upon all coal carried in the preceding month ; and the farther compensation depending upon the net proceeds of sale shall be settled and paid, from time to time, as said net proceeds shall be ascertained. FotJKTH. That in arriving at the cost of the coal to the Canal Company, as aforesaid, it shall J? J.1 1 i? 4.1, • • • • ^°^^ "* mining, be the average oi the cost ot their minings m &?., how ascer- Wilkesbarre and Plymouth townships, which shall be ascertained in the same manner as the cost is now and has heretofore been arrived at by 904 4 the said Canal Company, and shall be made up each month, from their books kept at the office of the Coal Department of the Canal Company,' subject to an adjustment at the end of each year, when the Canal Company's accounts are finally closed ; said books shall be open, at all times, to the inspection of the said Eailway Company, and the Canal Company shall furnish them a state- ment of the cost of the coal, as aforesaid, during each month, and an annual statement, with the adjustment, at the close of each year during the continuance of this contract. How sales are to be made. Weighing. Fifth. The sales of coal delivered and trans- ported under this contract shall be made in the manner provided under an agreement bearing even date herewith, between the Canal Company and Jervis Langdon, of Elmira ; but the said Canal Company shall keep a correct account of the price at which said coal is sold, the amount collected and received therefor, and of all the losses upon such sales ; and the charges and ex- penses incurred to be deducted on arriving at the net proceeds aforesaid, which account shall be open, at all reasonable and proper times, to the examination and inspection of the said Railway Company. Sixth. The Canal Company shall furnish pro- per facilities for weighing the said coal. The charges for transportation, at the rates aforesaid, shall be ascertained from the freights and sales of the coal, as made by the said Canal Company, in accordance with the provisions hereinbefore mentioned, and that all losses of coalj while the same is in the hands of the said Railway Com- pany, shall be accounted for by said Railway Company, at the same rate per ton as is agreed to be allowed the Canal Company in cars at the mines. The Railway Company not to be ac- 905 countable for the ordinary waste in transporta- tion,^ which shall be governed by the average ^r^'tioS.'™"'" waste of the Canal Company in the transporta- tion of cQal, over its own road. Seventh. In case of turnouts, or strikes of em- ployees, or of any serious accident to the works of either party, or to the works of any party used by either party in carrying out the provisions of stakes, &c this agreement, or of any casualty whereby such delivery of coal, or its transportation, shall be unavoidably suspended, the quantity so suspend- ed may be made up, if mutually desired by the parties hereto. Eighth. The Railway Compan)- shall procure the assent of the Pennsylvania Railroad Com- Railway to, to p ,1 i} ' !_ 1 , n j_l ■ obtain assent of pany tor the use ot its road (as weii as tneir thePennByi- assent as lessees of the Philadelphia and Erie co"* 'Railroad Company ) to all points east of Marys- ville, and that all sums payable or that may be- come payable to the said Pennsylvania Railroad (Company, for the use of its road, or for the use of any road of which it is the lessee, shall be borne and paid by the said Northern Central Railway Company, at its own cost and expense; it being understood and agreed that the Canal Company is only to pay the rates per ton per mile hereinbefore mentioned and speciiied, settling „„„gjo with the Northern Central Railway Company for be mase witii the same, and without regard to which of the tiai. aforementioned roads the said coal may have passed over : and that as soon as the Baltimore ^ , -t^ T-> 1 • n ; • Baltimore and and Potomac Road, now m course ot constraction, Potomac k.e. is completed, the Noi'thern Central Railway Com- pany shall procure from them an agreement which shall include said road under this agreement, and it shall be treated in all respects, for the purpose of this contract, as a part of the Northern Cen- tral Railway. 906 6 Ninth. That for any and all coal brought from the mines of the Canal Company east of the Sus- quehanna river, there shall be deducted from the proceeds of sale, as hereinbefore provided, the Bridge tolls. transportation and bridge tolls over the Susque- hanna river ; the Canal Company agree, however, that the ordinary charges, for the time being, of. the Wilkesbarre and Plymouth Railroad and Bridge Company shall be subject to a deduction of 383 per cent, upon all coal passing over their improvement, under the provisions of this agree- ment. Durattm of Tenth. This agreement shall continue and re- main in full force and effect for live (5) years from the first day of Januarj'', A. D., 1870. Eleventh. It is mutually covenanted and agreed that this contract shall at all times, be binding and obligatory upon the successors and assigns of the respective parties hereto, as fully and effectually as if they had been distinctly men- tioned and included in the language hereto. In witness whereof, the parties hereto have caused these presents to be signed by their re- spective presidents, and caused their respective seals to be hereunto attached, the day and year first above written. THE PRESIDENT, ilAKAGERS AND COM- PANY OF THE DELAWARE & HUDSON CANAL COMPANY, [d. &Tc. CO.] By THOS. DICKSON, President. Attest, C. P. HARTT, Treasurer. For the NORTHEEN CENTRAL R. W. CO., J. D. CAMERON, [n.c.r.w.co.J ^y- ('■ Ji. W. Co., President. Attest, ROBT. S. HOLLINS, Secretary. 907 Harrishurgli, Pa, April 2 lT • ^ year tor the ensuing five years. Third. The " tons " referred to in this agree- "Ton" defined, mcut are undcrstood to be gross tons of twenty- two hundred and forty pounds each. Fourth. The rates for transportation and car service aforesaid are agreed upon for the term of ^rtetion*to°be five years from this date, but at the expiration of a™ yrarB™'^'' that time, and at the expiration of every five years thereafter within the term of twenty years afore- said, there shall be a revision of the rate per ton per mile if either party desires it, and shall give thirty days' written notice of such desire, and if they cannot agree upon rates for the next five years, then three disinterested persons shall be appointed as umpires, one by each of the respec- Kwtated" ti^'e presidents for the time being of the parties, and the third by the two so appointed, and they 915 shall decide whether owing to advance or decline in price of labor, iron and other materials, as com- pared with the same at the time of this agreement, the rates of car service and transportation herein- before specified ought to he advanced or reduced, and if so how much, and the decision of said um- pires or any two of them, in writing, shall be bind- ing on both parties for the next five years. Fifth. It is understood that this agreement applies only to through coal from Waverly or^^lf^^^^^^/^ Binghamton to Albany or Troy. ""^^ °°^y- Sixth. It is also understood that in case of accident to the mines or exhaustion of the same, or strikes of the miners or other employees, where- stntee, &c. by the' party of the second part shall be obliged to suspend operations, a pro-rata rebate of the amount of coal which it is obligated to furnish for transportation, shall, at the option of the party of the second part be made. The party of the first part shall also be relieved from the transporta- tion of coal at the rate aforesaid for the time their road shall not be in condition for trafiic by reason of extraordinary freshets or other causes beyond their control, including strikes of employees or laborers. In witness whereof the parties hereto have caused their respective corporate seals to be here- to affixed, attested by the signatures of their re- spective Presidents, the day and year first above written. THE ALBANY AND SUSQUEHANNA RAIL- ROAD COMPANY. [seal.] By J. H. RAMSEY, President. THE FALL CREEK BITUMINOUS COAL COM- PANY. [seal.] By ERASTUS CORNING, Jb., President. 916 917 THIS AGEEEMENT, made this 28tli day of November, A. D. 1871, between The New York Central and Hudson River Railroad Oom- ■ PANT, party of the first part, and The Delaware AND Hudson Canal Company, as lessee of the Rensselaer and Saratoga Railroad and the Al- bany and Susquehanna Railroad, party of the second part, witnesseth : Whereas; the Delaware and Hudson Canal Company have constructed a track from their present depot, in the south part of the city of Albany, along Quay street, northerly, to a point north of Maiden lane, near one of the branch tracks of the party of the first part, and desire to extend northerly upon depot lands of the party of the first part ; and whereas it is impracticable at the present time to determine the changes that will be required in arranging said depot grounds and tracks in consequence of the construction of the new Hudson River bridge and its approaches, nor the compensation to be paid to the party of the first part ; Now, therefore, in consideration of the mutual' covenants and agreements hereinafter contained, and to be kept and performed by the respective parties hereto, the said party of the first part hereby agrees to put in a switch, for temporary 918 co°™?*put fa use, in one of its present branch tracks, at some Bwitih."'"'^'' proper and suitable point, by means of which the said track in Quay street can be connected with - the tracks of the party of the first part, and to allow the said switch so to remain until such time as the party of the first part may find it neces- sary to remove the same, in consequence of changes that may become necessary by the con- struction of the proposed new depot, yard, bridge approaches and tracks ; sixty days' written no- tice of such removal shall be given to the party of the second part when the aforesaid new depot, yard, bridge approaches and tracks are located, and upon such notice being given, the party of the first part shall make such other like connec- compensation tion at such polut and upon such terms as to to be agreed upon for mak- compensation as shall then be mutually agreed lUg permanent ■*■ ./ o connection, upou bctweeu thc parties hereto ; provided, how- ever, that if such connection shall not be made at such points and upon compensation to be agreed upon, then and in such case nothing con- tained in this agreement shall be taken or con- strued to interfere with, prejudice, or in any manner affect the rights or present legal status of the parties hereto as they now exist. Removal of Aud the partv of the second part herebv freiglit-lionses, i. ./ j. ■/ &<^ agrees to remove its two freight-houses, plat- forms, and turn-table from the ground upon which they now stand to a point north of the division line, between the lands of the respective parties hereto, which line is to be established as hereinafter provided. Ro-arrange- -^^^ ^^^ tracks are to be so re-arranged as to ment Of tracks, accommodate the elevator and freight-house branches of the party of the first part. 91^ And it is further mutually agreed that thei.n^'iJ""'" "' lands owned by the parties hereto respectively, situated between Water, Montgomery, Lumber and Spencer streets, in said city of Albany, are to be divided as follows (and the necessary con- veyances executed to render such division effec- tual), to wit : That portion of the land recently purchased by the party of the first part to be valued at its cost per square foot ; the lands of the party of the second part, between Canal and Water streets, to be valued at the same price per square foot as above, and the land recently purchased by said party of the second part. to be valued at its cost per square foot. A division line, running through said land, shall thereupon be established by the parties hereto, and each of the parties to this agreement shall pay the other party hereto for such lands as it shall so receive from such other party at the price and upon the basis of valuation above set forth. The party of the second part to'have the right j^^'sbuomain- to maintain one main track across that part of'™''''' the land which shall be set off to the party of the first part under the aforesaid division, it being understood that this agrees with the un- derstanding and agreement made between Mr. GTale, for the Vermont and Albany road and H. F. Clark, when the Wilson lots were purchased, and that the assent of Mr. Gale, as representa-^consentofMr. ^ Gale to be ob- tive of the Albany and Vermont Railroad Com- *'"°"'- pany, shall be obtained before the execution of this agreement. And the Hudson Elver Bridge Company to ^Ri|bt^^of^^ have the right to maintain its bridge over and"^'°'^'''^"^ee 920 4 upon the lands of the party of the second part, on the north-west corner of Montgomery and Lumber streets, but without interfering with the tracks and roadway of the party of the second part, and the party of the first part to be allowed to retain its tracks in Lumber street. Central R. E. Aud It Is furthcr mutually agreed that the Co. to convey ^ '^ property?^'^™'' party of the first part, for the consideration hereinbefore and hereinafter named, shall sell, release and convey to the party of the second part all those certain pieces and parcels of land and structures thereon, situate on G-reen Island, near the city of Troy, said land being designated on a map which is hereto annexed and marked "A," as lying north of the dotted blue lines on said map, and the several parcels thereof being represented thereon by a blue shade around them, and also to grant to said party of the second Eight KTiinteaP^'i^t the right to construct and maintain a cross- to °cotSruot''°aing under the tracks of the party of the first part at a point about six hundred (600) feet easterly from the present crossing of the tracks of the said railroad companies, which said cross- ing shall be constructed in a good and sub- stantial manner, with masonry of a permanent character ; and the party of the second part Bridge to be hereto to erect and maintain a suitable iron erected. bridge to support the track of the party of the first part. Aforesaid con- ^^'^ whole to be coustructcd upon a plan appro™dby6n!which shall be approved by the chief engineer ofte't pIa""''' of the party of the first part, and the aforesaid lands and easements so to be used and enjoyed as not in any manner to interfere with the 921 operation of tlie railroad or witli the use of the lands of the party of the first part ; provided, however, and it is hereby mutually understood and agreed, that no change shall be made by the party of the first part in the said railroad or in the use thereof which will prevent or interfere with the full and free enjoyment of all the rights, privileges and easements herein granted to the party of the second part. The party of the second part hereby agrees to pnoe to be pay for the aforesaid lands and easements the iBiana°pr(5^"ty sum of thirty thousand ($30,000) dollars, and to^''y'&<=- accept the same subject to all the conditions aforesaid, and inasmuch as the completion of the proposed railroad crossing at G-reen Island, as above described, will establish two lines of rail- road between Albany and Troy, one belonging to the party of the first part and the other to the party of the second part ; ^ Now, therefore, to maintain fairly the rights' and interests of the respective parties hereto, it is hereby mutually agreed by and between them : That each of the parties hereto maintain fully Estawisiiea ^ "^ rates of fare be- the established and agreed rates of fare for pas- *™™^gy^\^''°y sengers between the Union depots in the city of""'"'"'"^^- Albany and in the city of Troy,- and at the op- tion of the party of the first part hereto, at any time within one year from the day of the com- T)letion of the aforesaid crossing, the earnings of " " If Central Co. the said two roads between Albany and Troy ?^g^^i'^=tj. ''^^^ shall, upon notice of such election be and there- ^ti^ya';',^7,^^ after become and accounted for to a common or a°common Lni mutual fund to be divided as follows, viz. : Each party to retain one-half of the earnings of its 922 6 Prior agree- ment between own road, and the remaining two halves of said earnings of the said roads shall be divided equally between the parties hereto, share and share alike. And the party of the first part hereto will irrs. eXoo" continue to and with the party of the second part and N. Y. Cen- L J i , tinucd.^" ™°-the agreement of August 17th, 1870, between the said Rensselaer and Saratoga Railroad Com- pany and the party of the first part (a copy of which is also hereto annexed, and marked "C") Exception. in full force and effect, except so much thereof as relates to the joint occupancy of the passenger depot and tracks, between State street, and the long branch therein referred to easterly of War- ren street ; provided the party of the second part shall faithfully perform and keep the covenants and agreements herein contained (so far as the same relates to the business to be done at Schenectady). And in consideration of each and every of the hereinbefore mentioned grants, privileges and agreements, of the party of the first part hereto, it is further expressly covenanted and agreed by the party of the second part hereto : First. — That, it will, within the period of two years from the date hereof, and sooner if satis- factory arrangements for such purpose can be made with the connecting road now being con- structed, or with any other connecting road, between the Albany and Susquehanna Road, and the Rensselaer and Saratoga Railroad, at or near Schenectady, send and ship all its coal passing over the Albany and Susquehanna Railroad des- 923 tined for Troy, or to pass througji Troy, for any te°Troyf "m point east thereof, to and by the way of Schnec- io be^enfrer tady ; and thence over and upon the Troy and no°fady branch ■^ ' '^ ■' of the Central Schnectady branch, of the New York Central and ®- "*• Hudson Eiver Railroad, to Green Island or to Troy ; except soft coal transported under a con- soft coai e%. tract now existing between the Albany and Sus- quehanna Railroad Company and the Fall Creek Coal Company, which is deliverable into boats at Albany ; and said party of the first part, is to receive as and for the price for transporta- tion of-such coal over its said road, from Sche- nectady to G-reen Island, at the rate of forty-five Trackage. (45) cents per gross ton, and ten (10) cents per ton, in addition thereto, for all coal delivered by the party of the first part, at any point in the city of Troy. And the compensation to be paid eompensation to the party of the second part for the use of'"""°'^^"- cars transporting such coal, shall be at the rate of one-half (3) cent per mile on four wheel, and one (1) cent per mile for eight wheel coal cars. Second. — And it is hereby declared to be the previous intention of this agreement, that all coal, except to*"tran°pOTtl- . . - tion of coal over the soft coal hereinbefore mentioned, transport- Troy and^sohe- ed over the Albany and Susquehanna Railroad, ^™^'^- destined for Troy, or to pass through Troy, to points east thereof, shall go by way of Schenectady. It is mutually understood and agreed, that Rates for gen- rates for general freight to and from competing ana fJom\'om- . , , . T r> T T J.1 peting points points, shall from time to tune be fixed by the to^be^~iiy parties hereto, it being intended that the rates so ° fixed shall be common to the lines of the parties hereto, as far as may be practicable. 92 i 8 In witness whereof, this contract has been signed by the Vice-President of the party of the first part, and the President pro tempore of the party of the second part. The New York Central and Hudson Eiver Railroad Company. By "W. H. Vanderbilt, Vice-President. The Delaware and Hudson Canal Compant. By Geo. Talbot Oltphant, President pro tern. Tti presence of J. P. Chambers. Charles P. Hartt. 925 Branch road to be construct- TfllS AGREEMENT, made this 17th day of August, 1870, between the New York Central AND Hudson Eivbr Railroad Company, party of the first part, and the Rensselaer and Saratoga Railroad Company, party of the second part, witnesseth : That each party in consideration of the agree- ments of the other herein contained, agrees as follows : 1st. The said party of the second part agrees that, within a reasonable time for executing the work, a railroad shall be constructed from a pointed, in the Schenectady and Saratoga Railroad, distant about one mile and a quarter north-easterlej'', from what is called the Sand Ridge to and across the' Mohawk river, and thence to connect with the railroad of the party of the first part, leading from Schenectady to Troy, and at a point there- in near Freeman's Bridge,, and as shown on, a map of the railroad so to be constructed, made by P. H. Grreene for said party of the second part. 2d. The party of the first part agrees to relay cantrai e. e. its present long branch track on the north sidee^'toiat'-aokte -t^ ^ exclusive uae of of the Troy line, in the city of Schenectady, andf^^g^/^g*^ ^'■"^ extend said track to the point of junction of said railroad so to be constructed by the party of 926 10 the second part, for the exclusive railroad use of said party of the second part, and further, that the said second track shall be completed by the time that the railroad so to be constructed shall be ready for operation. 3d. The said party of the first part hereby grants to the party of the second part, so long as said parties hereto shall continue to be corpo- rations (under present or subsequent charters) the full and exclusive right to use for railroad pur- poses, and as its own, the said track so to be laid by said party of the first part ; but said party of the second part shall not permit the engines or ohlS ftom use freight trains of any other corporation not now of said road. ^^ operation to or from Schenectady, to use or rtm upon said track or road-bed without the writ- ten consent of the party of the first part. 4th. The said party of the first part also hereby grants to said party of the second part for the same full term of corporate lives of said parties hereto, the right and privilege to us.e in common with said party of the first part, its pas- ^^"^ dcpoTfn senger depot in the city of Schenectady audits main Other corpo- enger and^^pm'ion ot Troy llue, from the depot to the point of intersec- main Troy liao. • i i i tion with the long branch or track named in this agreement, as given for the exclusive use of the party of the second part. Also the privilege to use in ceruin speoi- commou such brauches or side tracks and switches and BideXoLas thc party of the first part may have connected commoQ"'^^ '"with its Troy line in Schenectady, but does not in any way include any privilege on main line tracks between Albany and Utica (above privilege of 927 11 switches and branches being all north of the main line in Schenectady and west of State street), but the several rights of use in this fourth clause granted shall be subject to priority of use by said party of the first part, and to such reason- able rules and regulations as said party of the first part shall from time to time make and pub- lish. 5th. The said party of the second part agrees Trackage. to pay to the said party of the first part, for the rights and uses so as aforesaid granted, the yearly rent of twenty-five hundred dollars on every first day of January, for twenty-five years from the first day of January next (1871), and thereafter to pay therefor such subsequent yearly rent for the remaining term of this grant as shall be agreed upon between said parties hereto by arbitration or otherwise, and in default of such agreement, such rent as may be deter- mined to be fair and reasonable in any suitbrought by said party of the first part for that purpose. 6 th. So soon as the railroad so to be construct- ^f^jo^j^, bTBu- ed and the track so to be laid shall be fully L'mpfelL^Tf ready for practical operations, this grant shall su- '^'"' persede the agreement between the New York Central Eailroad Company and said party of the second part hereto, dated January 19th, 1866, and thenceforth that agreement shall be void and all the rights under the same fully cease, except that the unpaid rent to that time shall be paid when it accrues by the terms of that agreement, and it being understood that 928 12 this agreement shall so supersede that one, the rent hereby reserved shall not begin to run until the rent under that one shall so cease, and this one rent, and but one, of $2,500 be payable on the succeeding first day of January. Employees 7th. The euiployees of said party of the first privilegedtouse 't i r r\ n i ''a' mlntof tous P^^^ ^^ ^^^ Tailroad from Troy to bchenectady, shall have the privilege of crossing the bridge of said party of the second part across the Hudson river at Troy, free of toll during the existence of this lease, but subject to all reasonable rules and regulations for the general use of said bridge which said party of the second part snail from time to time make and publish. togacttoleep 8th. Thc party of the second part shall, at property m re- ^j^^- j, ^^^ expcnsB, kcep iu repair all the prop- erty herein granted for their own separate and exclusive use, and promise to pay all the expense of all the attendance required for their exclusive use of the same. 9th. This contract is made upon the express condition that the party of the second part shall not assign or transfer this agreement, or any in- terest therein, or benefit or privilege hereby con- Agreementnotferred, Or lu auy manner lease or dispose thereof, to bo aEsigned •/! , ;i .,, withourcoS^"^^"* ^'^^ written consent of the party of the Of central Co. first part, aud in case of any such lease or trans- fer, or in case the party of the second part shall lease or dispose of any portion of their road be- tween Schenectady and Ballston Spa, or in case the interest of the said party of the second part 929 13 in and to said portion of their road, or in and to their road and franchises, shall be transferred to any other person by operation of a law or other- wise, then this contract shall, at the option of the party of the first part, cease, and the party of the first part shall retake and repossess the interest and privileges hereby conferred. In witness whereof, the parties hereto have caused these presents to be signed and sealed, the day and year first above written. Gr. H. Cramer, Prest. R. & S. R. E. Co. W. H. Yanderbilt, V. P. For the N. Y. Central & Hudson E. E. R;.Co. In presence of — J. E. BnRRILL. 930 931 932 933 9M 935 936 937 938 93 f) 940 ^94d 9^2 H3 Mi^ H5 9^6 947 948 9i9 950 1 m 952 953 954 955 956 957 958 959 960 961 962 963 96^ 965 966 967 968 969 970 971 972 973 97 i 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 .991 992 993 994 995 990 997 998 999 1000 1001 1002 1003 1004^ 1005 1006 1007 1008 100§ 1010 101 1012 1013 1011 1015 1016 ion 1018 1019 1020 1021 1022 t02S 1024 1025 1026 1027 1028 1029 1030 1031 1032 I03g DELjW.'-JIE .^-JD HUDSON CO. Charter of the Delaware and Hudson Canal Co. with the several acts supplementary to whe same KL/39^/D3'^/A1 DATE I ISSUED TO