SECOND MORTGAGE.
EOBEET BAYAED, SAMUEL J. TILDEN,
JOSEPH TUCKEEMAN, JOHN Gr. EICH-
AEDSON AND EUSSELL SAGE
to
SAMUEL J. TILDEN AND ELISHA
JUDSON HAWLEY,
Teijstees.
Preferred 2d Mortgage Bonds, (Series C) $1,400,000
" " " D).. 1,400,000
Income " " " 1,700,000
$4,500,000
Bonds Mature July 1, 1894.
Interest payable February, August, May and November, at
rate of seven per centum per annum.
Interest on $1,700,000, preferred stock, payable annually in
May, at rate of seven per centum.
Dated June 30, 1863.
This Indentuee, made this thirtieth day of June, in the year
of our Lord one thousand eight hundred and sixty-two, between
2
Eobert Bayard, Samuel J. Tilden, Joseph Tuckerman and
John G. Kichardson, of the City and State of New York, and
Eussell Sage, of the City of Troy and State of New York, of
the first part, and Samuel J. Tilden and Elisha Judson Hawley,
of the City and State of New York, of the second part, wit-
nesseth :
Whereas, The St. Louis, Alton and Terre Haute Eailroad
Company is vested with the franchise to be a corporation,
granted to the said company by the State of Indiana, and has
become duly organized as a corporation, in conformity to the
provisions of the said grant, with capacity in its corporate
character, to take, hold and exercise other franchises, and par¬
ticularly with capacity to acquire, hold, maintain and operate
the continuous railroad extending from Terre Haute, in the
State of Indiana, to East St. Louis or Illinoistown, in the State
of Illinois, and from Illinoistown to Belleville, and from the
Junction to Alton, in the State of Illinois, heretofore, com¬
monly known as the Terre Haute, Alton and St. Louis Eail¬
road, together with its equipments and appurtenances ;
And Whereas, The said company has agreed with the
parties of tho first part to buy the aforesaid railroad, with its
equipments and appurtenances as the same now exist, and in
evidence of a portion of the consideration for the same, has
made and delivered to the parties of the first part an issue of
its bonds, designated as "Preferred Second Mortgage Bonds,"
amounting in the aggregate to the sum of two millions and
eight hundred thousand dollars, composed of series C, consist¬
ing of one thousand and four hundred bonds, numbered con¬
secutively from 1 to 1,400 inclusively, each of which is for one
thousand dollars, and the interest on which is payable on the
first days of February and August in each year ; and of series
3
D, consisting of one thousand and four hundred bonds, num¬
bered consecutively from 1,401 to 2,800 inclusively, each of
which is for one thousand dollars, and the interest on which is
payable on the first days of May and îiovember in each year ;
all of which bonds bear date on the thirtieth day of June, in
the year one thousand eight hundred and sixty-two ; are pay¬
able at the office or agency of the said company in the City of
New York, upon the first day of July, in the year one thou¬
sand eight hundred and ninety-four ; bear interest from the
first day of January, in the year one thousand eight hundred
and sixty-three, at the rate of seven per centum per annum,
payable semiannually, at the office or agency of the said com¬
pany in the City of New York ; are equally secured by these
presents, and are entitled to the special preferred lien herein
established in their favor ; are of like tenor, except as to the
days on which the coupons mature, and aljl of which twenty-
eight hundred bonds are in form following :
United States of America,
States of Indiana and Illinois.
No , $1,000
St. Louis, Alton and Teere Haute Railroad Company,
Preferred Second Mortgage Bond.
Know all men by these presents. That the St. Louis, Alton
and Terre Haute Railroad Company are indebted to Samuel J.
Tilden and Elisha Judson Hawley, of the City of New York,
or bearer, in the sum of one thousand dollars, lawful money of
the United States of America, which the said company prom¬
ise to pay to the said Samuel J. Tilden and Elisha Judson
Hawley, or to the bearer hereof, on the first day of July, in the
year one thousand eight hundred and ninety-four, at the office
4
or agency of the said company in the City of îiew York, with
interest thereon from the first day of January, 1863, at the
rate of seven per centum per annum, payable semi-annually,
at the said office or agency, in the City of New York, on the
first days of and in each year, on the
presentation and surrender of the annexed coupons as they se v¬
erally become due ; and in case of the non-payment of any half-
yearly installment of interest which shall have become payable,
and shall have been demanded, if such default shall continue
for six months after the maturity of the said installment, the
principal of this bond shall become due in the manner and with
the effect provided in the deed of trust hereinafter mentioned.
This bond is one of an issue of two thousand and eight hun¬
dred bonds, each for one thousand dollars, and amounting, in
the aggregate, to two millions and eight hundred thousand dol¬
lars, and composed of series C, consisting of one thousand and
four hundred bonds, the interest on w^hich is payable on the
first days of February and August in each year, and of series
D, consisting of one thousand and four hundred bonds, the
interest on which is payable on the first days of May and '
November in each year, all of which bonds bear date on the
thirtieth day of June, in the year one thousand eight hundred
and sixty-two, and are of like tenor except as to the days on
which the coupons mature, and the payment of all of which
bonds is secured by a deed of trust, bearing date on the thir¬
tieth day of June, in the year one thousand eight hundred and
sixty-two, duly executed and delivered by Robert Bayard,
Samuel J. Tilden, John Gr. Richardson, Joseph Tuckerman
and Russell Sage to the said Samuel J. Tilden and Elisha
Judson Hawley, and conveying the St. Louis, Alton & Terre
Haute Railroad, and the equipments, appurtenances and things-
5
therein described, subject to the prior lien thereon created by
a deed of trust, made by the same grantors to Robert Bayard,
John G. Richardson and Pickering Clark, and bearing the
same date, given to secure $2,200,000 of first mortgage bonds
of the said company. And the holder hereof is entitled to the
benefit of the special preferred lien created by the said first
mentioned deed of trust upon all the property and things
therein embraced.
The person appearing on the voting bond register of the said
company as the holder of this bond at the time of any meeting
of the stockholders of the said company will be entitled to one
vote at such meeting for every one hundred dollars of the par
amount hereof. The right to vote upon this bond is transfer¬
able upon the written order of the person last registered as its
holder or on the production of the bond by the holder. It is
agreed by the said Company with each successive holder of this
bond, that in case of any default in the payment hereof the
said Company will waive and hereby waives the benefit of any
extension, stay or appraisement laws now existing, or which
may hereafter exist.
This bond shall pass by delivery, or by transfer, upon the
books of the company in the City of New York, and at any
other place where the company may keep transfer books.
After a registration of ownership, certified hereon by the trans¬
fer agent of the company, no transfer, except upon the books
of the company, shall be valid, unless the last transfer be to
bearer, which shall restore transferability by delivery. But
this bond shall continue subject to successive registrations and
transfers to bearer as aforesaid, at the option of each holder.
This bond shall not become obligatory until it shall have
6
beeil authenticated by a certificate endorsed hereon, and duly
signed by the trustees.
In Witness Whereof, The said Company have caused their
corporate seal to be hereunto affixed, and the same to be attested
by the signatures of their President and Secretary, and have
also caused the coupons hereto annexed to be signed by their
Secretary, on the thirtieth day of June, in the year one thou¬
sand eight hundred and sixty-two.
President,
Secretary.
And Whereas, The said company have also, in evidence of
a portion of the consideration for the said railroad, its equip¬
ments and appurtenances, made and delivered to the parties of
the first part a further issue of its bonds, designated as
" Income Second Mortgage Bonds," amounting in the aggre¬
gate to the sum of one million and seven hundred thousand
dollars, and consisting of one thousand and four hundred and
fifty bonds, numbered consecutively from 1 to 1,450, each for
one thousand dollars ; and five hundred bonds, numbered con¬
secutively from 1,451 to 1,950, each for five hundred dollars ;
all of which bonds bear date on the thirtieth day of June, in
the year one thousand eight hundred and sixty-two, are pay¬
able on the first day of July, in the year one thousand eight
hundred and ninety-four, at the office or agency of the said
company in the City of Kew York, bear interest from the first
day of January, in the year one thousand eight hundred and
sixty-three, at the rate of seven per centum per annum, pay¬
able semi-annually, on the first days of May and November in
7
each year, at the office or agency of the said company in the
City of New York, out of the net earnings, as hereinafter pro¬
vided and defined, of the said railroad, and are of like tenor
and in the form following :
United States of America.
States of Indiana and Illinois.
No. $
St. Louis, Alton and Terre Haute Railroad Company.
Income Second Mortgage Bond.
Know all men by these presents, That the St. Louis,
Alton and Terre Haute Railroad Company are indebted to
Samuel J. Tilden and Elisha Judson Háwley, of the City of
New York, or bearer, in the sum of dollars, lawful
money of the United States of America, which the said com¬
pany promise to pay to the said Samuel J. Tilden and Elisha
Judson Hawley, or to the bearer hereof, on the first day of
July, in the year one thousand eight hundred and ninety-four,
at the office or agency of the said company in the City of New
York, with the interest thereon from the first day of January,
one thousand eight hundred and sixty-three, at the rate of
seven per centum per annum, payable out of net earnings
semi-annually at the said office or agency in the City of New
York, on the first days of May and November in each year, on
the presentation and surrender of the annexed coupons as they
severally become due ; and in case of the non-payment of any
half yearly installment of interest which shall have become
payable out of the net earnings as provided in the deed of
trust hereinafter mentioned, and shall have been demanded, if
such default shall continue for six months after the maturity
of the said installment, the principal of this bond shall become
8
due in the manner and with the effect provided in the said
deed of trust.
This bond is one of an issue of one thousand nine hundred
and fifty bonds, of which one thousand four hundred and fifty,
numbered from 1 to 1,450 are each for one thousand dollars;
and five hundred, numbered from 1,451 to 1,950, are each for
five hundred dollars, amounting in the aggregate to one million
and seven hundred thousand dollars, the interest on all of
which bonds is payable out of net earnings, on the first day of
May and November in each year, all of which bonds bear date
on the thirtieth day of June, in the year one thousand eight
hundred and sixty-two, and are of like tenor, and the payment
of which is secured by a deed of trust bearing date on the
thirtieth day of June, in the year one thousand eight hundred
and sixty-two, duly executed and delivered by Robert Bayard,
Samuel J. Tilden, John G, Richardson, Joseph Tuckerman
and Russell Sage to Samuel J. Tilden and Elisha Judson
Hawley, conveying the St. Louis, Alton and Terre Haute
Railroad, and the equipments, appurtenances and things therein
described, subject to the priorities established therein in favor
of the issue of bonds, secured thereby, and designated as Pre¬
ferred Second Mortgage Bonds, amounting to $2,800,000, and
also subject to the prior lien created by a deed of trust made
by the same grantors to Robert Bayard, John G. Richardson
and Pickering Clark and bearing the same date, given to
secure $2,200,000 of first mortgage bonds of said company.
The person appearing on the voting bond register of the
said company as the holder of this bond at the time of any
meeting of the stockholders of the said company, will be
entitled to one vote at such meeting for every one hundred
dollars of the par amount hereof. The right to vote upon this
9
bond is transferable upon the written order of the person last
registered as its holder, or on the production of the bond by
the holder. It is agreed by the said company with each suc¬
cessive holder of this bond, that in case of any default in the
t
payment hereof, the said company will waive, and hereby
waives the beneñt of any extension, stay or appraisement laws
now existing, or w'hich may hereafter exist, and that the holder
hereof shall have no recourse for the payment hereof except
in the manner prescribed in the said deed of trust.
This bond shall pass by delivery or by transfer upon the
books of the company in the City of 'New York, and at any
other place where the company may keep transfer books.
After a registration of ownership, certified hereon by the
transfer agent of the company, no transfer except upon the
books of the company shall be valid, unless the last transfer
be to bearer, which shall restore transferability by delivery.
But this bond shall continue subject to successive registrations
and transfers to bearer as aforesaid, at the option of each
holder.
This bond shall not become obligatory until it shall have
been authenticated by a certificate endorsed heicon, and duly
signed b}^ the trustees.
In Witness Whereof, The said company have caused
their corporate seal to be hereunto affixed, and the same to be
attested by the signatures of their President and Secretary,
and have also caused the coupons hereto annexed to be signed
by their Secretary, on this thirtieth day of June, in the year
one thousand eight hundred and sixty-two.
President.
Secretary.
10
And Whereas, The said company, in evidence of a por¬
tion of the consideration for the said railroad, its equipments
and appurtenances, has also issued to the said parties of the
first part seventeen thousand shares, of one hundred dollars
each, of the preferred capital stock of the said company, and
has delivered certificates for the said seventeen thousand
shares to the said parties of the first part ; and the said pre¬
ferred capital stock is entitled to dividends at the rate of seven
per cent, per annum, payable annually, on the first day of May
in each year, out of net earnings of the said railroad, for each
year ending on the thirty-first day of December previous to
such first day of May, after satisfying the interest on the first
mortgage, and the preferred second mortgage, and the income
second mortgage bonds of the said company, and the contribu¬
tions to the sinking fund as herein provided, and as declared
in the certificate to the said preferred stock, which are all in
the form following :
Number. Shares.
St. Louis, Alton and Terre Haute Railroad
Company.
Seven Per Cent. Preferred Capital Stock.
Shares, $100 each.
It is hereby certified, that the owner of
shares of one hundred dollars each of the preferred capital
stock of the St. Louis, Alton and Terre Haute Railroad Com¬
pany, transferable only on the books of the company, by the
holder in person, or by attorney, upon the surrender of this
certificate. Until countersigned by the transfer agent this
certificate is not valid.
This stock is entitled to dividends at the rate of seven per
11
cent, per annum, payable annually, on the first day of May in
each year, out of net earnings of the company for each year
ending on the thirty-first day of December prev^ious to such
first day of May, after satisfying the interest on its bonds, and
the contributions to its sinking fund, and in case said dividends
cannot be regularly earned and paid as above stipulated, all
arrears are to be paid as soon and as fast as the net income of
the company will allow ; and no dividend is to be made on the
general stock of the company until all such arrears have been
paid. This stock is convertible at any time by the holders
into the general stock of the company, at par, but shall not be
entitled to a dividend for any time on which the holder thereof
has received a dividend as preferred stock. The priorities and
guarantees of this stock are secured by the deed of trust known
as the Second Mortgage," and by the conveyance of Robert
Bayard, Samuel J. Tilden, John G. Richardson, Joseph Tnck-
erman and Russell Sage to the said company.
In witness whereof, the President and Secretary of the
said company have hereunto subscribed their names this
day of in the year one thousand eight hundred and
sixty-two.
President,
Secretary'
Countersigned by
Transfer Agent,
How this Indenture Witnesseth, That the parties of
the first part, in consideration of the premises, and of one dol-
12
lar to them in hand paid, the receipt whereof is hereby
acknowledged, and in order to secure the payment of the
principal and interest of the bonds aforesaid issued or to be
issued, as herein recited and provided, and every part of the
said principal and interest, as the same shall become payable,
according to the tenor of the said bonds, and of the coupons
thereto annexed, have granted, bargained and sold, and do by
these presents grant, bargain, sell, convey and transfer unto
the parties of the second part, all the right, title and interest
of them, the parties of the first part, and of any or either of
the said parties, acquired by virtue of a deed bearing date the
second day of June, one thousand eight hundred and sixty-
two, and made to the said Robert Bayard, Samuel J. Tilden,
Joseph Tuckerman and Russell Sage, parties hereto of the first
part, by Azariah C. Flagg, of the City and State of New York,
and John Wilkinson, of the City of Syracuse and State of New
York, trustees and special master commissioners, in pursuance
of decrees of the Circuit Court of the United States for the
Southern District of Illinois, and the District of Indiana, in
causes in Chancery, in the said courts then depending, wherein
the said Azariah C. Flagg and others were complainants, and
the said Terre Haute, Alton and St. Louis Railroad Company
was defendant, or acquired by virtue of a deed bearing date
the second day of June, one thousand eight hundred and sixty-
two, made to said last named parties of the first part, pursuant
to the aforesaid decrees, by Edwin C. Litchfield, trustee, under
a certain deed of trust or mortgage of the said Terre Haute,
Alton and St. Louis Railroad Company, or acquired by virtue
of a deed bearing date the second day of June, one thousand
eight hundred and sixty-two, made to the said last named
parties of the first part, pursuant to the aforesaid decrees, by
13
the said Terre Haute, Alton and St. Louis Railroad Company,
of, in and to, all and singular, the continuous railroad extend¬
ing from its terminus in Terre Haute in the State of Indiana,
tQ its terminus in East St. Louis, or Illinoistown, in the State
of Illinois, and from its terminus in Illinoistown to its terminus
in Belleville, and from the J unction to its terminus in Alton in
the State of Illinois, heretofore commonly known as the Terre
Haute, Alton and St. Louis Railroad, including all the rail¬
ways, rights of way, depot grounds and other lands, all depots,
station houses, engine house, car houses, freight houses, wood
houses and other buildings, and all machine shops, and other
shops, held or acquired for use in connection with the said
railroad, or the business thereof ; and including, also, all loco¬
motives, tenders, cars and other rolling stock or equipment,
and all machinery, tools, implements, fuel and materials for
the constructing, operating, repairing or replacing the said
railroad or any part thereof ; or any part of its equipment or
appurtenances ; and also all franchises connected with or re¬
lating to the said railroad, or the construction, maintenance or
use thereof ; and all the property, franchises, rights and things,
of whatever name or nature, which were conveyed to the
parties of the first part, or any of them, by the aforesaid deeds
or either of them, of the said trustees and master commis¬
sioners, of the said Edwin C. Litchfield, trustee, and of the
said Company.
Also, all the following described tracts of coal lands for¬
merly owned by the said Terre Haute, Alton and St. Louis
Railroad Company, being about 1,050 acres, situate in St.
Clair County, in the State of Illinois, and described as fol¬
lows, viz.:
The south half of section three (3), township one (1), north,
14
range nine (9) west, containing three hundred and twenty
acres.
The east half of the northwest quarter section ten (10),
township one (1) north, range nine (9) west, containing eighty
acres.
The east half of section ten (10), township one (1) north,
range nine (9) west, containing three hundred and twenty
acres. *
The north half of section eleven (11), township one (1)
north, range nine (9) west, containing three hundred and
twenty acres.
And also all other land, and all ferry rights, franchises and
privileges formerly held or owned by the Terre Haute, Alton
and St. Louis Railroad Company, and acquired by the parties
hereto of the first part, or any of them, by the aforesaid con¬
veyances, together with all ferry boats, apparel, fixtures, or
other things connected, used with or appurtenant to any such
ferry, franchise, rights or privileges.
Subject, nevertheless, as to any real estate included in
the aforesaid sale by the said trustees and master commission¬
ers, to the lien, if any such exists, of any vendor or former
owner of said real estate, not otherwise provided to be paid by
the decrees or orders in the said causes ; and subject, also, to
a certain deed of trust or mortgage, bearing even date here¬
with, niade by the parties hereto of the first part to Robert
Bayard, John G. Richardson and Pickering Clark, to secure
the payment of bonds of the Company, designated as first
mortgage bonds, amounting in the aggregate to two millions
and two hundred thousand dollars. Provided, nevertheless,
and it is the true intent and meaning of these presents, that
nothing herein contained shall be construed to express or
15
imply any covenant by the parties of the first part, or either
of them, but that this instrument shall operate to convey, in
behalf of the-said parties, all the estates and interests in the
railroad and appurtenances, property, rights, franchises, and
things hereinbefore described, which the said parties, or either
of them, might hold by virtue of the aforesaid conveyances,
and which the said parties, each for himself, and not one for
the other, can lawfully convey, and no more ; and that the
said estates and interests are hereby charged with, and shall
pass by virtue of, these presents, subject to the payment of all
liabilities lawfully incurred in respect to the said railroad or
its business, by the said Azariah C. Flagg and John Wilkinson,
while acting as trustees as aforesaid, or by the said parties of
the first part hereto, or any of them, during their possession
of the said railroad :
Together with all and singular the tenements, heredita¬
ments and appurtenances thereto belonging or in any wise
appertaining, and the reversions, remainders, tolls, incomes,
rents, issues and profits thereof ; and also, all the estate, right,
title, interest, property, possession, claim and demand whatso¬
ever, as well in law as in equity, of the said parties of the first
part, or any or either of them, of, in and to the same, and any
and every part thereof, with the appurtenances.
To HAVE AND TO HOLD the above described premises and
property, subject as aforesaid, unto the parties of the second
part, as joint tenants and not as tenants in common, and unto
the survivor of them, and the heirs and assigns of such sur¬
vivor, to the only proper use and behoof of the said parties of
the second part, and of the survivor of them, and of the heirs
and assigns of such survivor ; in trust, nevertheless, for the
purposes herein expressed, to wit :
16
Article First. Until default shall be made in the pay¬
ment of principal or interest of the said preferred second
mortgage bonds, or of some of them, or in the application to
the payment, as herein provided, of interest of the said income
bonds, of net earnings as herein defined, or until default shall
be made in respect to something herein required to be done or
kept by the St. Louis, Alton and Terre Haute Railroad Com¬
pany, the said St. Louis, Alton and Terre Haute Railroad
Company shall be suffered and permitted to possess, manage,
operate and enjoy the said railroad from Terre Haute to Illi-
noistown, and from Illinoistown to Belleville, and from the
Junction to Alton, with its equipments and appurtenances,
and the lands and other property and franchises herein¬
before described, and to take and use the rents, incomes,
profits, tolls, and issues thereof, and to dispose of the same in
any manner not inconsistent with this instrument.
Article Second. In case, default shall be made in the
payment of any interest on any of the aforesaid preferred
second mortgage bonds issued or to be issued, according to the
tenor of the coupons thereto annexed, or of the provisions
hereof, or in the payment of any principal of any of the said
bonds, when the same shall become due ; and if such default
shall continue for the period of six months, then, and in that
case, upon the requisition prescribed in Article Eleventh, it
shall be lawful ; or, secondly^ in case default shall be made in
the application to the payment of interest of the aforesaid
income bonds at the time and in the manner in Article Eleventh
prescribed (after satisfying the payments, as in the said article
required upon the said preferred second mortgage bonds and
prior liens), of the net earnings of the said railroad, as said net
earnings are defined in said Article Eleventh, or in the pay-
17
ment of any principal of any of the said income bonds, when
the same shall become due ; and if such default shall continue
for the period of six months, then, and in that case, upon requi¬
sition as in said Article Eleventh prescribed, it shall be lawful ;
or, thirdly^ in case of default in any requirement hereof to be
done or kept by the said St. Louis, Alton and Terre Haute
Railroad Company ; and if such default shall continue for the
period of six months, then, and in that case, upon requisition as
in said Article Eleventh prescribed, it shall be lawful for the
said trustees or the survivor of them, or their or his successors,
personally, or by their or his attorneys or agents, to enter into
and upon all and singular the premises hereby conveyed, or
intended so to be, and each and every part thereof, and to
have, hold and use the same, operating by their or his superin¬
tendents, managers, receivers, or servants, or other attorneys
or agents, the said railroad and conducting the business thereof,
and exercising the franchises pertaining thereto, and making,
from time to time, all repairs and replacements, and such use¬
ful alterations, additions and improvememts thereto as may
seem to them or him to be judicious, and to collect and receive
all tolls, freights, incomes, rents, issues and profits of the same,
and of every part thereof ; and, after deducting the expenses
of operating the said railroad and conducting its business, and
of all the said repairs, replacements, alterations, additions and
improvements, and all payments which may be made for taxes,
assessments, charges or liens, prior to the lien of these presents
upon the said premises or any part thereof, as well as just com¬
pensation for their or his own services, and for the services of
such attorneys and counsel as may have been by them or him
employed, to apply the moneys arising as aforesaid to the
payment of interest on such of the bonds secured hereby as
18
are designated as preferred second mortgage bonds, in the
order in which snch interest shall have become, or shall
become due, ratably, to the persons holding the coupons evi¬
dencing the right to such interest, and thereafter to the pay¬
ment of interest on such of the bonds secured hereby as are
designated as income second mortgage bonds, in the order in
which such interest shall have become or shall become due,
ratably, to the persons holding the coupons evidencing the right
to such interest, and after paying all interest which shall have
become due, to apply the surplus to the satisfaction of the prin¬
cipal of the aforesaid preferred second mortgage bonds which
may be at that time unpaid, ratably, and without discrimina¬
tion or preferrence ; and, after satisfaction thereof, to apply
the surplus to the satisfaction of the principal of the said income
second mortgage bonds which may be at that time unpaid,
ratably and without discrimination or preference.
Article Third. In case any default shall be made, as in
Article Second defined, and shall continue as in the said article
specified then, and in any such case, upon requisition as in
Article Eleventh provided, it shall likewise be lawful for the
said trustees, or the survivor of them, or their or his succes¬
sors, after entry as aforesaid, or other entry, or without entry,
personally or by their or his attorneys or agents, to sell and
dispose of all and singular the premises hereby conveyed, or
intended so to be, at public auction, in the City of New York,
or at such place within either of the States in which any part
of the said railroad is situate which the said trustees may
designate, and at such time as they may appoint, having first
given notice of the place and the time of such sale, by adver¬
tisement, published not less than three times a week, for six
weeks, in one or more newspapers in each of the cities of New
19
York, St. Louis and Terre Haute, or to adjourn the said sale
from time to time, in their or his discretion, and if so adjourn¬
ing, to make the same without further notice, at the time and
place to which the same may be so adjourned, and to make
such sale subject to the lien created by these presents in favor
of such of the aforesaid bonds as are herein designated as pre¬
ferred second mortgage bonds, or discharged of such lien ; and
if sellingin the first instance subject to such lien, then, to retain,
hold and exercise the powers of entry, sale and conveyance,
and all the powers conferred by these presents, as amply as if
they had not been once exercised ; and to make and deliver to
the purchaser or purchasers thereof good and sufiicient deed
or deeds in the law for the same in fee simple, and to make the
said deed or deeds subject to the said lien or otherwise ; which
sale, made as aforesaid, and whether subject to the said lien or
otherwise, shall be a perpetual bar, both in law and equity,
u-gainst the parties of the first part, and all other persons law-
)
fully claiming or to claim the said premises or any part thereof,
by, from, through or under them, or any or either of them ;
u,nd after deducting from the proceeds of such sale just allow¬
ances for all expenses of the said sale, including attorneys' and
counsel fees, and all other expenses, advances or liabilities
which may have been made or incurred by the said trustees in
operating or maintaining the said railroad, or in managing its
business, while in their possession and in arranging for and
f
eompJeting the sale thereof, and all payments which may have
been made by them for taxes or assessments, and for charges
and liens prior to the lien of these presents on the said premises
or any part thereof, as well as compensation for their own ser¬
vices, to apply the said proceeds in the manner following :
If the said sale shall have been made subject to the lien
20
created by these presents in favor of such of the aforesaid
bonds as are designated as preferred second mortgage bonds,—
to refund with interest at seven per cent, any advances to pay
interest on the said preferred second mortgage bonds, which
have been made, or procured to be made, in pursuance of any
resolution or other written authority of holders of a majority
in amount of the said income second mortgage bonds ; and if,
after satisfaction thereof, a surplus of the said proceeds shall
remain, to apply the said surplus to the payment of the prin¬
cipal of such of the aforesaid income second mortgage bonds,—
as may be at that time unpaid, whether or not the same shall
have previously become due, and of the interest which shall
at that time have accrued, as herein provided, on the said prin¬
cipal, and be unpaid, without discrimination or preference, but
ratably to the aggregate amount of such unpaid principal and
accrued and unpaid interest ; and if, after the satisfaction
thereof, a surplus of the said proceeds shall remain, to apply
the said surplus to reimburse the principal of the said preferred
stock hereinbefore mentioned, of the said St. Louis, Alton and
Terre Haute Hailroad Company, with the dividends earned
thereon but remaining unpaid, ratably to the holders of said
stock, without discrimination or preference ; and if, after reim¬
bursing the same, a surplus shall still remain, to pay over such
surplus to the said company, or to render the same as any
court of competent jurisdiction shall order.
If the said sale shall have been made so as to discharge the
prior lien created by these presents in favor of such of the
aforesaid bonds as are herein designated as preferred second
mortgage bonds, to apply the said proceeds to the payment of
the principal of such of the aforesaid preferred Second mort¬
gage bonds as may be at that time unpaid, whether or not the
21
same shall have previously become due, and of the interest
which shall at that time have accrued on the said principal and
be unpaid, without discrimination or preference, but ratably to
the aggregate amount of such unpaid principal and accrued
and unpaid interest: and if, after the satisfaction thereof, a
surplus of the said proceeds shall remain, to apply the said
surplus to the payment of the principal of such of the aforesaid
income second mortgage bonds as may be at that time unpaid,
whether or not the same shall have previously become due,
and of the interest which shall at that time have accrued on
the said principal, as herein provided, and be unpaid, without
discrimination or preference, but ratably to the aggregate
amount of such unpaid principal and accrued and unpaid inter¬
est ; and if, after the satisfaction thereof, a surplus of the said
proceeds shall remain, to apply the said surplus to reimburse
the principal of the preferred stock hereinbefore mentioned, of
the said St. Louis, Alton and Terre Haute Railroad Company,
with the dividends earned thereon, but remaining unpaid,
ratably to the holders of the said stock, without discrimination
or preference ; and if, after reimbursing the same, a surplus
shall still remain, to pay over such surplus to the said company,
or to render the same as any court of competent jurisdiction
shall order.
And it is hereby declared that the receipt or receipts of the
said trustees shall be a sufficient discharge to the purchaser or
purchasers of the premises, for his or their purchase money,
and that such purchaser or purchasers, his or their heirs, exec¬
utors or administrators, shall not, after payment thereof, and
having such receipt, be liable to see to its being applied upon
or for the trusts and purposes of these presents, or in any man¬
ner howsoever be answerable for any loss, misapplication or
22
non-application of such purchase money, or any part thereof,
or be obliged to inquire into the necessity, expediency or
authority of or for any such sale.
Article Fourth. At any sale of the aforesaid property, or
any part thereof, made to enforce any lien created by these
presents, pursuant to the power herein granted, or by judicial
authority, if such sale be in discharge of the lien created by
these presents in favor of the bonds herein designated as pre¬
ferred second mortgage bonds, the trustees may bid for and
purchase, or cause to be bidden for and purchased, the prop¬
erty so sold, in behalf of all the holders of the said preferred
second mortgage bonds then outstanding, in the proportion of
the respective interest of such holders ; or if such sale be sub¬
jected to the aforesaid lien, the trustees may bid for and pur¬
chase, or cause to be bidden for and purchased, the property
so sold, in behalf of all the holders of the bonds herein desig-
«
nated as income second mortgage bonds, then outstanding, in
the proportion of the respective interests of such holders ; pro¬
vided, that if all the property hereby conveyed be sold as afore¬
said, the price at which the purchase herein authorized may
be made, shall not exceed the whole amount of the bonds then
outstanding, with the interest accrued thereon, in behalf of
which the said purchase shall be made ; and if but a portion of
the said property shall be sold, such price shall be, in the judg¬
ment of the trustees reasonable.
Article Fifth. In case default shall be made in the pay¬
ment of any half year's interest on any of the aforesaid pre¬
ferred second mortgage bonds at the time and in the manner
in the coupon issued therewith provided, the said coupon hav¬
ing been presented, and the payment of the interest therein
specified having been demanded ; and that such default
23
shall continue for the period of six months after the said
coupon shall become due and payable, then and thereupon
the principal of all the said preferred second mortgage bonds
shall, at the election of the trustees, become immediately due
and payable, unless such interest be advanced or paid to the
trustees as provided in the fifth clause of Article Eleventh of
these presents ; but a majority in interest of the holders of
the said bonds may, in writing, or by vote of a meeting duly
held before the interest in arrear shall be paid, instruct the
trustees to declare the said principal to be due, or to waive the
right so to declare, on such terms and conditions as such
majority shall deem proper, or may annul or reverse the
election of the trustees ; provided that no action of the trustees
or bondholders shall extend to, or be taken to affect any subse¬
quent default, or to impair the rights resulting therefrom.
And in case default shall be made in the application as herein
provided of net earnings to the payment of interest upon the
income second mortgage bonds, and by reason of such default
a sale of the premises hereby conveyed shall be had, or in case
a sale of said premises shall be had by reason of a default in
respect to the payment of interest or principal of the preferred
second mortgage bonds, or in case a sale of the said premises
shall be had by reason of any other default, then, and in either
of such cases, the principal of all the income bonds secured
hereby, and then outstanding, shall be deemed and taken to be
due and payable at the time of such sale.
x\rticle Sixth. The aggregate amount of the preferred
capital stock of the said St. Louis, Alton and Terre Haute
Railroad Company outstanding at any one time shall never
exceed in par value the sum of one million and seven hundred
thousand dollars, unless a majority in interest of the holders of
24
each class of bonds secured hereby shall have, by a vote at a
meeting duly held, expressly consented to such increase; nor
shall any increase of the said preferred capital stock be ever
made unless the holders of a majority in interest of the said
stock shall have expressly consented to such increase, by a vote
at a meeting of the said holders, called by, the Board of
Directors, on a notice to be published not less than three times
a week, for three weeks, in one newspaper printed in the City
of New York, and such further publication as may be ordered
by the Board of Directors ; nor shall any deed of trust or
mortgage, creating a lien upon the property hereinbefore
described, in priority to the rights of the holders of the said
preferred capital stock, ever be made by the said St. Louis,
Alton and Terre Haute Railroad Company, unless a majority
in interest of the holders of the said preferred capital stock
shall have expressly consented thereto, by a vote at a meeting
of such holders called, as aforesaid, upon notice, as aforesaid.
The aggregate amount of the common capital stock of the
said St. Louis, Alton and Terre Haute Railroad Company
outstanding at any one time shall never exceed in par value
the sum of two millions and three hundred thousand dollars,
unless a majority in interest of the holders of each class of
bonds secured hereby shall have expressly consented thereto,
by a vote at a meeting duly held of such holders.
Article Seventh. The St. Louis, Alton and Terre Haute
Railroad Company shall from time to time, and at all times
hereafter, and as often as thereunto requested by the trustees,
execute, deliver and acknowledge all such further deeds, con^
veyances and assurances in the law, for the better assuring
unto the trustees, upon the trusts herein expressed, the railroad,
equipments and appurtenances hereinbefore mentioned, or in-
25
tended so to be, and all other property and things whatsoever,
which may be hereafter acquired for use in connection with
the same, or any part thereof, and all franchises now held or
hereafter to be acquired, including the franchise to be a cor¬
poration, as by the trustees or by their counsel learned in the
law shall be reasonably advised, devised or required.
Article Eighth. The trustees shall have full power, in
their discretion, upon the written request of the St. Louis,
Alton and Terre Haute Railroad Company, to convey by way
of release or otherwise, to the persons designated by the said
company, any lands acquired or held for the purposes of
stations, depots, shops or other buildings ; and shall also have
power to convey as aforesaid, on like request, any lands or
property which, in the judgment of the trustees, shall not be
necessary for use in connection with the said railroad, or which
may have been held for a supply of fuel, gravel or other
material ; and also to convey as aforesaid, on like request, any
lands not occupied by the track, which may become disused by
reason of a change of the location of any station house, depot,
shop or other building connected with the said railroad, and
such lands occupied by the track and adjacent to such station
house, depot, shop or other building as the said Company may
deem it expedient to disuse or abandon by reason of such
change ; and to consent to any such change, and to such other
changes in the location of the track, or depot or other build¬
ings, as in their judgment shall have become expedient ; and
to make and deliver the conveyances necessary to carry the
same into effect ; and they shall also have power in like man¬
ner and on like request to convey any coal lands, or any ferry
franchises herein mentioned ; but any lands which may be
acquired for permanent use in substitution of any so released,
26
shall be conveyed to the trustees upon the trusts of these
presents, and the trustees shall also have full power to allow
the said company, from time to time, to dispose of, according
to their discretion, such portions of the equipments, machinery
and implements at any time held or acquired for the use of
the said railroad as may have become unfit for such use,
replacing the same by new, which shall be conveyed to the
trustees, or be otherwise made subject to the operation of
these presents.
Article Ninth. If the St. Louis, Alton and Terre Haute
Railroad Company shall well and truly pay the sums of money
herein required to be paid by the said company, and all inter¬
est thereon, at the times and in the manner herein specified^
and shall well and truly keep and perform all the things herein
required to be kept or performed by the said company, accord¬
ing to the true intent and meaning of these presents, then, and
in that case, the estate, right, title and interest of the said
parties of the second part, and of their successors in the trust
hereby created, shall cease, determine and become void ; other¬
wise, the same shall be and remain in full force and virtue.
Article Tenth. The St. Louis, Alton and Terre Haute
Railroad Company shall at all times hereafter keep a book at
their office or agency in the City of New York, which shall be
designated as the Voting Register of the Second Mortgage
Bondholders, and shall be distinct from the transfer register of
the bonds. The registry therein contained of the two classes
of bonds secured by these presents shall be kept separately»
Any holder of any of the said bonds shall be entitled to have
his name and address, and the class and denomination, and
number of every of the said bonds held by him, entered in
such registry, on presenting at the aforesaid office or agency a
27
written statement of the said particulars, signed by himself,
and if required, duly verifying his title thereto by producing
the bonds ; or upon filing with the conipany the written order
of the person last registered as the holder; or by verifying
such title by such other mode as may be prescribed by the
regulations for such verification. The trustees may, in the
first instance, prescribe the said regulations relative to said
voting registry, subject to the power hereby declared of the
bondholders of each class, acting by a majority in interest, to
adopt, alter or repeal, from time to time, the said regulations,
and generally to establish such as may seem to them expedient.
Such registration shall authenticate the right of the holder of
every bond so registered to vote on the said bond, as provided
therein, at every general and special meeting of the stock¬
holders of th^ said company ; and shall also entitle the said
holder to tbe same notice of such meetings as shall be given to
the stockholders, and also to notice, in such mode and form as
may be fixed by regulations prescribed or established as afore¬
said, of all meetings of his class of the second mortgage bond¬
holders. The trustees, and each of them, shall at all times
have free access to such book of registry and shall from time
to time, and at all times on the request in writing of either of
them, be furnished with a copy thereof by the said company ;
and shall have the right to require, at their option, that any
act or resolution of the said bondholders, of either class, affect¬
ing their duties or the interest of the trust hereby created,
shall be authenticated by the signatures of all the persons
é
assenting thereto, as well as by minute of the proceedings of
the meeting. Meetings of either or both of the said classes of
the second mortgage bondholders may be called by the
trustees, or in such other mode as may be fixed by regulations
28
prescribed or established as aforesaid, and the bondholders
may vote thereat in person or by proxy ; and the quorum may
be defined, and such other regulations or by-laws in respect to
such meetings may be from time to time established, altered
or repealed by the bondholders of each class, acting by the
majority in interest, as to them shall seem expedient and until
the bondholders shall act, such powers may be temporarily
exercised by the trustees.
The said St. Louis, Alton and Terre Haute Railroad Company
shall at all times hereafter keep, at its office or agency in the
City of Hew York, transfer books for the transfer of the
several classes of bonds, and of the preferred and common
stock of the said company.
Article Eleventh. It is hereby declared and agreed,
that it shall be the duty of the trustees to exercise the power
of entry hereby granted, or the power of sale hereby granted,
or both, or to proceed by suit or suits, in equity or at law, to
enforce the rights of the bondholders, in the several cases of
default herein specified, in the manner and subject to the
qualifications herein expressed, upon the requisition of bond¬
holders herein required, as follows :
1. If the default be as to interest or principal of any of
the preferred second mortgage bonds, upon a requisition in
writing signed by holders of not less than two hundred thou¬
sand dollars in amount of the said bonds, and a proper indemni¬
fication by the said holders to the trustees against the costs and
expenses to be by them incurred, it shall be the duty of the
trustees to enforce the rights of the bondholders under these
presents by entry, sale, or suit or suits in equity or at law, as
they, being advised by counsel learned in the law, shall deem
most expedient for the interest of all the holders of the said
29
bonds ; subject to the power hereby declared of a majority in
interest of the holders of the said bonds, by requisition in
writing, or by a vote at a meeting duly held, to instruct the
said trustees to waive such default, or, upon adequate indem¬
nity as aforesaid, to enforce the rights of the bondholders by
reason thereof ; provided that no action of the said trustees or
bondholders, or both, in waiving such default or otherwise,
shall extend to, or be taken to affect any subsequent default,
or to impair the rights resulting therefrom.
2. The default in respect of interest of the income second
mortgage bonds contemplated by Article Second and Third
of these presents is hereby declared and agreed to consist
only in the omission to apply the net earnings of any half year
(after satisfying the payments for interest and sinking fund,
and such principal as may be due of the first mortgage bonds,
secured by a trust deed prior in lien to these presents, and
hereinbefore mentioned, and the payments of interest and
principal of the preferred second mortgage bonds secured by
these presents), to or towards the payments of interest upon
the income second mortgage bonds secured by these presents,
as in the coupons annexed thereto required : jprovided^ that if
the said net earnings shall be insufficient to pay the coupons
for any half year in full, such portion of the said net earnings
as shall be less than one-half of one per cent, upon all the
coupons then outstanding, may be reserved and included in
the next payment of interest upon the said income bonds.
The words ''net earnings'' as herein used are hereby
declared and agreed to mean such surplus of the earnings of
the said railroad as shall remain after paying all expenses of
operating the said railroad and carrying on its business,
including all taxes and assessments, and payments on incum-
30
braiices prior in lien to these presents, upon specific portions
of the property hereby conveyed, of completing, repairing or
replacing the said railroad, its appurtenances and equipments,
so that the same shall be in high condition, and of providing
such additional equipment as the said Company shall deem
necessary for the business of the said railroad.
It is hereby declared and agreed, that the said trustees, if
in their judgment a default shall have been committed in the
omission to apply net earnings to the payment of interest on
the said income bonds, as herein required, may in their dis¬
cretion, proceed, by suit or suits in equity, to ascertain judicially
the existence of such default, and to enforce the rights of the
bondholders by reason thereof under these presents, by entry
or by sale, or by both, and may also, in their discretion, apply
to the court or courts in which such suits may be instituted,
for the appointment of one or more receivers.
And it is hereby further declared and agreed, that it shall
be the duty of the said trustees, upon a requisition in writing,
signed by the holders of a majority in interest of the said
income bonds, and upon proper indemnification by such holders
againsts the costs and expenses to be by them incurred, to
proceed, by suit or suits in equity, to enforce the rights of the
bondholders, and in the discretion of the trustees, to apply, in
such suit or suits, for the appointment of a receiver or receivers
as aforesaid.
3. If the default be in issuing an excess of preferred or
common stock, or in making or delivering any deed of trust,
or mortgage, in violation of Article Sixth of these presents,
the trustees may and on the requisition of any holder of bonds
of either class, or of any holder of such preferred stock, it
shall be the duty of the trustees, on proper indemnification
31
as aforesaid by the persons making such requisition, to
proceed, by suit or suits in equity, to restrain or enjoin the
said company from such violation, or to obtain other equitable
remedy or relief in respect thereto, as, being advised by
counsel learned in the law, the trustees shall deem to be most
expedient.
4. If the default shall be in the omission of any act or
thing required by Article Seventh of these presents, for the
further assuring the title of the trustees to any property or
franchises now possessed or hereafter acquired, or in the
omission to comply with each and all the provisions of Article
Tenth of these presents, or with any other provision herein
contained, to be performed or kept by the said company, then,
and in either of such cases, the trustees may, in their discretion,
or upon the requisition as aforesaid of a majority in amount of
the holders of each class of the bonds secured by these
presents, it shall be their duty to enforce the rights of the
bondholders by reason of such default, subject to the power
hereby declared of a majority in interest of the holders of each
class of the said bonds, by requisition in writing, or by a vote
at a meeting duly held, to instruct the said trustees to waive
such default, or, upon adequate indemnity as aforesaid, to
enforce the rights of the bondholders by reason thereof, pro¬
vided that no action of the said trustees or bondholders, or
both, in waiving such default or otherwise, shall extend to, or
be taken to affect any subsequent default, or to impair the
rights resulting therefrom.
5. If the default be as to interest on the income second
mortgage bonds, but there be no default in respect to interest
or principal of the preferred second mortgage bonds, then, and
in that case,—or if, at any time not less than thirty days
32
before the time notified for the sale of the premises hereby
conveyed, the payments so in default in respect to the pre¬
ferred second mortgage bonds shall be advanced or paid to the
trustees, under the written authority or sanction of holders of
a majority in amount of the income bonds, or of a resolution
adopted at a meeting, duly held, of such holders,—or if the
default be other than those specified in the first clause of thi&
Article, then and in either of such cases, the sale of the
premises aforesaid shall be made subject to the prior lien
created by these presents in favor of the preferred second
mortgage bonds ; and if the sale be made, subject as afore¬
said, and if, by reason of the default in the payment of interest
on the said preferred second mortgage bonds, the principal
thereof would have become due, the provision of these presents
whereby the said bonds would become due, shall be suspended
by the trustees until another default shall happen.
Pbovided, nevertheless. That the aforesaid provisions
regulating the discretion of the trustees in the exercise of the
aforesaid powers granted by these presents, or other of them,
shall operate for such purpose only as between the trustees
and the bondholders ; and shall not, nor shall any of the said
provisions, avail or be construed to operate as conditions to the
valid or effectual exercise of the said powers, or either of
them, or to defeat or affect any entry, sale or conveyance
which they may make by virtue of the powers of entry or sale
granted by these presents.
Article Twelfth. It is mutually agreed, by and between
the parties hereto, that the word " trustees," as used in these
presents, shall be construed to mean the trustees for the time
being, whether both or either be original or new ; and when¬
ever a vacancy shall exist, to mean the surviving or continuing
33
trustee, aud such trustee shall during such vacancy, be compe¬
tent to exercise all the powers granted by these presents to
parties of the second part. And it is mutually agreed by and
between the parties hereto, as a condition on which the parties
of the second part have assented to these presents : that
neither of the said trustees shall be in any manner responsible
for any default or misconduct of the other; that the said
trustees shall be entitled to just compensation for all services
which they may hereafter render in their trust, to be paid by
the said company, or out of the income of the property; and
for that purpose may, at any time, apply to the courts, without
notice to any person but the St. Louis, Alton and Terre Haute
Railroad Company ; that either of said trustees, or any
successor, may resign and discharge himself of the trust
created by these presents, by notice in writing to the said
company, and to the existing trustee, if there be such, three
months before such resignation shall take effect, or such shorter
time as they may accept as adequate notice, and upon the due
execution of the conveyances hereinafter required ; that the
said trustees, or either of them, may be removed by a vote of
a majority in interest of the holders of each class of the afore¬
said bonds, the said vote being had at meetings duly held of
each class of the said bondholders, and attested by an instru¬
ment under the hands of the persons so voting ; that in case
at any time hereafter either of the said trustees, or any
trustees hereafter appointed, shall die or resign, or be removed
as herein provided, or by a court of competent jurisdiction, or
shall become incapable or unfit to act in the said trust, a suc-
-cessor to such trustee shall be appointed by the surviving or
continuing trustee, with the consent of the holders for the
time being of a majority in interest of each class of the said
34
bonds then outstanding, or the consent of meetings duly held
of the holders of each class of the said bonds ; and the trustee
so appointed, with the trustee so surviving or continuing, shall
thereupon become vested with all the powers, authorities and
estates granted to or conferred upon the parties of the second
part by these presents, and all the rights and interests requisite
to enable him to execute the purposes of this trust, without
any further assurance or conveyance, so far as such effect may
be lawful; but the surviving or continuing trustee shall imme¬
diately execute all such conveyances and other instruments as
may be fit or expedient for the purpose of assuring the legal
estate in the premises, jointly with himself, to the trustee so
appointed ; and upon the death, resignation or removal of any
trustee, or any appointment in his place in pursuance of these
presents, all his powers and authority by virtue hereof shall
cease ; and all the estate, right, title and interest in the said
premises of any trustee so dying, resigning or being removed
shall, if there be a co-trustee surviving or continuing in office,
wholly cease and determine ; but the said trustee so resigning
or being removed shall, on the written request of the new
trustee who inay be appointed, immediately execute a deed or
deeds of conveyance to vest in such new trustee, jointly with
the continuing trustee, and upon the trusts herein expressed,
all the property, rights and franchises which may be at that
time held upon the said trusts. Provided^ nevertheless^ and it
is hereby declared and agreed, that in case it shall at any time
hereafter prove impracticable, after reasonable exertions, to
appoint, in the manner hereinbefore provided, a successor in
any vacancy which may have happened in said trust, applica¬
tion, in behalf of all the holders of the bonds secured hereby,
may be made by the surviving or continuing trustee ; or if the
35
trust be wholly vacant, by holders of the bonds secured hereby
to the aggregate amount of one hundred thousand dollars, to
any Circuit Court of the United States for any judicial district
in which any part of the aforesaid railroad may be situate, for
the appointment of a new trustee or new trustees.
In Witness Whereof, the parties of the first part have
hereunto set their respective hands and seals, and the parties
of the second part have also set their respective hands and
seals, for the purpose of evidencing their acceptance of the
trust hereby created, on the day and year first above written.
K(^bert Bayard. [seal]
Samuel J. Tilden. [seal]
Joseph Tuckerman. [seal]
John G. Richardson. [seal]
Russell Sage. [seal]
Elisha Judson Hawley. [seal]
Sealed and delivered in presence of
John Rankin, Jr.
John L. Drummond.
Acknowledged by Robert Bayard, Samuel J, Tilden, Joseph
Tuckerman, John G. Richardson, Russell Sage and Elisha
Judson Hawley, before Charles JMettleton, notary public, city
and county of Hew York, and commissioner for Indiana in
Hew York, September 5, 1862.
Certificate of H. W. Genet, Clerk, City and County of Hew
York, as tooificial character of notary attached.
Recorded, Illinois, St. Clair County, September 16,1862, in
Book H. 3, page 295 ; City of A lton, October 30,1862, in Book
W, page 56 ; Madison County, September 18, 1862, in Book
74, page 95; Macoupin County, September 17, 1862, in Book
36
YY, page 424 ; Montgomery County, September 19, 1862, in
Book 1, page 532; Christian County, September 22, 1862, in
Book 19, page 494; Shelby County, September 19,1862, in
Book 26, page 286 ; Moultrie County, September 24, 1862, in
Book L, page 479; Coles County, September 20, 1862, in
Book 8, page 125 ; Edgar County, September 20, 1862, in
Book 25, page 52; Indiana, Vigo County, September 20, 1862^
in Book 25, page 273.
5556 042 153239