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€lie jpcnnsölüttnia Kßilroab ^ompang
to'
Íüi0tar Ülorriß, 3o0iúl)-^acon, anö (0bmun5
- rA-
IN TRUST.
Dated July ist, A. D. 1873.
Allen, Lane & Scott, Printer», Philadelphia.
®Iiis Inbenture, Made this first day of July, Anno
Domini one thousand eight hundred and seventy-three, be¬
tween ®l)e Jpcttnsnbottia ßaüroaö (Eompang, of the first part,
and ttJistar iUorris, losial) jBocoit, and (Eömitnö Smiti], of the
city of Philadelphia, State of Pennsylvania, of the second
part :
miicrcns, By an Act of the General Assembly of the
Commonwealth of Pennsylvania, approved the eighteenth
day of February, A. D. 1873, entitled "A further supplement
to the Act incorporating The Pennsylvania Railroad Com¬
pany, authorizing an increase of its capital stock, the issue of
bonds, and the securing of the ^ame by mortgage," it was
enacted as follows ;—
"Section i. 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 author-
ity of the same. That it shall be lawitll for The Pennsylvania
Railroad Company from time to +i^e to increase its capital
stock to such amounts as the stocßnolders may, by resolution
passed at any regular or special nfceting, authorize ; said in¬
crease not to exceed an amount equal to the amount of the
capital stock which said Company is now by law authorized
to issue, and when so authorized,,'to apportion or dispose of
the said shares in such manner and, upon such terms (but of
not less than the par value thereof]) as the Board of Directors
may deem for the best interests of the Company ; and the
said Company may issue, from timo to time, bonds of the said
Company, payable at such time as they may appoint, bearing
interest at a rate not exceeding seven per centum per annum,
with or without provision for the payment by the Company
of any or all taxes on the princip.d or interest thereof, and
to secure, from time to time, the said bonds by one or more
mortgages of the whole or any pc rtion of the railroads, es¬
tate—real and personal, and corporate rights and franchises.
2
acquired and to be acquired, of the said Company ; Provided,
however, That no bond or bonds shall at any time be issued
in excess of the amount of the capital stock of said Company
outstanding at the time of such issue; but any such mortgage
or mortgages may, at the option of, and to the amount fixed
by, the said Company, be made to secure, with the same
rights, lien, and privileges, bonds which a subsequent increase
of capital stock may enable the said Company to issue, as
well as those which may be issued at the date of the execu¬
tion of said mortgage.
" Sec. 2. That any mortgage or mortgages executed and
delivered as authorized by this Act shall be recorded in the
office of the Recorder of Deeds of the city and county of
Philadelphia, and shall thereupon without further record be
a lien on the property mortgaged, wherever situated, as fully
and effectually as if it had been recorded in each of the sev¬
eral counties in which the mortgaged premises, or any part
thereof, are or may be situated."
ÎÂttù tt)l)creos, At a meeting of the Board of Directors of
the party of the first piwi. held on the twenty-sixth day of
February, A. D. 1873, it "as—
" Ucsoloeù, That the A .t entitled 'A further supplement
to the Act incorporating '^Te Pennsylvania Railroad Com¬
pany, authorizing an increase of its capital stock, the issue of
bonds, and the securing of the same by mortgage, and ap¬
proved the eighteenth daj- of February, A. D. 1873, be, and
the same is, hereby accepted by this Company."
íAub Ü)t)crcttS, At the regular annual meeting of the stock¬
holders of the party of ^he first part, held in the city of
Philadelphia on the eleventh day of March, A. D. 1873, the
following resolutions were adopted, to wit :—
" liceolücö, That the act ion of the Board of Directors, at
their meeting of the twent|y-sixth day of February, 1873, ac¬
cepting an Act entitled A further supplement to the Act
incorporating The Pennsj i . ^mia Railroad Company, author¬
izing an increase of its cr.pitnl stock, the issue of bonds, and
3
the securing of the same by mortgage,' approved the eight¬
eenth day of February, 1873, be, and the same is, hereby
ratified and approved.
"ßcsolueö, That in pursuance of the authority conferred
by the said Act, approved the eighteenth day of February,
A. D. 1873, the stockholders do hereby authorize the said
Company from time to time to increase its capital stock to an
amount not exceeding the amount of capital stock which
said Company was by law authorized to issue prior to the
date of said Act approved the eighteenth day of February,
1873 ; but the Board of Directors shall not issue, sell, ap¬
portion, or dispose of more than five Tiundred thousand shares
of the capital stock without the further action of the stock¬
holders.
"Kesolöeö, That the Board of Directors be, and they are,
hereby authorized to issue the bonds of the Company, in pur¬
suance of an Act entitled ' A further supplement to the Act
incorporating The Pennsylvania Rkilroad Company, author¬
izing an increase of its capital stocli, the issue of bonds, and
the securing of the same by mortgjage,' approved the eight¬
eenth day of February, 1873, and r^ secure the same by a
mortgage of the whole or any portion of the railroad, es¬
tate—real and personal, and corporate rights and fran¬
chises acquired and to be acquired by the said Company.
I ■
Anö töiicrcas, The amount of capital stock which the party
of the first part were by law authorized to issue prior to the
date of the said Act approved the eighteenth day of Febru¬
ary, A. D. 1873, was one million fiv^e hundred and seventeen
thousand shares of the par value o'f fifty dollars each, or of
the total par value of seventy-five itiillion eight hundred and
fifty thousand dollars ; 1
i
Anb tt)l}creas, The increase of capital stock authorized by
the said Act approved the eighteenth day of February, A. D.
i^73> was not to exceed an amouiifj equal to the capital stock
which the party of the first part w'ere by law authorized to
issue immediately prior to the da|;e of the approval of the
f
!
4
said Act ; so that the amount of capital stock which the said
party of the first part have, at the date of these presents, law¬
ful authority to issue, is three million and thirty-four thou¬
sand shares of the par value of one hundred and fifty-one
million seven hundred thousand dollars ;
Anù U)l)crcos, On the day of the date of this indenture, the
party of the first part have issued one million three hundred
thousand nine hundred and fifty-seven (1,300,957) shares of
their full-paid capital stock of the par value of fifty dollars
each, amounting in the aggregate to the sum of sixty-five
million and forty-seven thousand eight hundred and fifty
(65,047,850) dollars, all of which shares are still outstanding,
and in consequence thereof the said party of the first part are
at the present time authorized to issue bonds to an amount
not exceeding sixty-five million and forty-seven thousand
eight hundred and fifty (65,047,850) dollars ;
I
Anö tülicvcos, When additional full-paid capital stock
shall, in pursuance of sai(i Act approved the eighteenth day
of February, A. D. be issued by the party of the first
part, and be outstanding, the said party of the first part are
authorized to issue additir lal bonds to an amount equal to
the par value of such stock ;
Anö Ü31)crcas, At a meeting of the Board of Directors of
the Pennsylvania Railroad Company, held on the first day
of July, A. D. 1873, it was—
" Ueeolocö, That in puirsuance of the authority contained
in the x\ct of the Generad i\.ssembly of the Commonwealth
of Pennsylvania, entitled j'A further supplement to the Act
incorporating The Pennsjrlvania Railroad Company, author¬
izing an increase of its capital stock, the issue of bonds, and
the securing of the samq by mortgage,' approved the eight¬
eenth day of February, 1873, and with the approval of the
stockholders of the said Company, expressed in their resolu¬
tions passed at their regular annual meeting held in the city
eventh day of March, A. D. 1873,
id authority whatsoever them in that
of Philadelphia on the el
and of all other power an
5
behalf enabling, this Company do make, execute, and deliver
to VVistar Morris, Josiah Bacon, and Edmund Smith, of the
city of Philadelphia, State of Pennsylvania, and their suc¬
cessors, as mortgagees in trust, a mortgage of such of the rail¬
roads, estate—real and personal, premises, hereditaments, and
appurtenances, corporate rights and franchises, acquired and to
be acquired, as shall be mentioned therein ; which mortgage shall
be, and is hereby declared to be, a continuing lien, to secure the
full and final payment of one hundred thousand bonds to be is¬
sued as the amount of the full-paid outstanding capital stock
may justify ; that is to say, as well the one hundred thousand
bonds to be first issued, as those 'vhich may be made and
issued from time to time after the payment of the whole or
any portion thereof, or of any subsequent issue, but never to
exceed, however, at any time, one hundred thousand bonds
outstanding ; the said bonds to be of the denomination either
of one thousand dollars, or two hundred pounds sterling, law¬
ful money of Great Britain ; to be numbered consecutively
from I to 100,000, inclusive, and of such form, tenor, and
effect as this Company may, by their Board of Directors, de¬
termine at the time of the issue thereof respectively ; and
which mortgage shall be for the jj^iiefit and security of and
in trust for the holders of the saic(^onds, without preference,
priority, or distinction, as to lien or otherwise, of any one over
another, except in respect to a sinking fund as hereinafter
provided, and so that each and all of the said bonds to be
issued as aforesaid shall have the same right, lien, and privi¬
lege of the said mortgage, except as aforesaid, and shall be
equally secured thereby, with like effect as though they had
all been made, executed, and delivered on the day of the
date of the mortgage given to secure the same."
And this present form of mortgage to secure said bonds
was then submitted to the said B/^ard of Directors, and by
them approved. 1
And it was further
" Kcsobcb, That the President be, and he is, hereby author¬
ized and directed, for and on behijtlf of this Company, and
for and as their act and deed, to af^x their corporate seal to
6
the said mortgage, and to sign the same as such President,
and to cause the same to be duly attested by the Secretary,
and, when executed, to acknowledge, deliver, and record the
same."
And it was further
"Ersolocb, That the one hundred thousand bonds, as well
those to be first issued as those which may be made and
issued from time to time after the payment of the whole or
any portion thereof, or of any subsequent issue not exceeding
the limit aforesaid, and which are intended to be secured by
the said mortgage, shall from time to time hereafter be made,
executed, and issued when and as authorized by resolutions
of the Board of Directors, as sufficient capital stock of this
Company shall be fully paid and outstanding—the said bonds
to be numbered consecutively, and to be of the denomination,
form, tenor, and effect as aforesaid ; and that when and as
the said bonds shall be issued, each and all thereof shall have
the same rights, lien, and privilege of said mortgage, and
shall be equally secured thereby, without preference or prior¬
ity, as to lien or otherwise, of any one over another, except
as aforesaid, and with the like effect as though all the said
bonds had been made, executed, and issued on the day of
the date of the said mortgage."
And it was further
" Uesolocö, That the following form of certificate be placed
upon each of the said bonds, viz. :—
" ' This bond is one of those secured by a mortgage of The
Pennsylvania Railroad Company (duly recorded), dated the
first day of July, A. D. one thousand eight hundred and
seventy-three (1873), duly authorized, executed, and de¬
livered by the said Cortipany to Wistar Morris, Josiah
Bacon, and Edmund Smith, the trustees therein named, and
their successors, of the railroad, estate—real and personal,
and corporate rights and franchises therein mentioned, to se¬
cure the bonds of the said Company therein set forth.
7
And that it shall be the duty of the said trustees or their suc¬
cessors or successor, and they are hereby instructed and re¬
quired from time to time, as often as the said bonds, secured
as aforesaid, are issued (of which intended issue the Presi¬
dent of this Company is hereby directed to notify the said
trustees or their successors or successor), to affix their respect¬
ive signatures to the said certificate on each of the said
bonds ; and that without such certificate said bonds shall not
be issued."
And it was further
" ßcsolocö. That out of the said one hundred thousand
bonds to be first issued there shall be set apart thirty-five
thousand bonds which shall be applied to the payment of the
following outstanding obligations of this Company, namely :—
" The bonds or obligations for one thousand dollars each,
amounting to the sum of four million nine hundred and sev¬
enty thousand dollars, secured by a first mortgage on their
railroad and franchises, dated the fourteenth day of October,
A. D. eighteen hundred and fifty-two (1852) ; which said
bonds will become due and payable on the thirty-first day of
December, A. D. eighteen hundred and eighty (1880).
" The bonds or obligations for-lpne thousand dollars, or two
hundred pounds sterling each, aifjpunting to the sum of four
million eight hundred and sixty-five thousand eight hundred
and forty dollars, secured by a second mortgage on their rail¬
road and franchises, dated the first day of June, A. D.
eighteen hundred and fifty-four (1854) ; which said bonds will
become due and payable on the thirty-first day of March,
A. D. eighteen hundred and seventy-five (1875).
" The bonds or obligations to the Commonwealth of Penn¬
sylvania (bearing interest at the rate of five per centum per
annum from the thirty-first day <|5f January, 1873), amount¬
ing to the sum of five million four hundred and ninety-four
thousand three hundred and severiteen dollars and forty-eight
cents, payable, principal and interest, in semi-annual install¬
ments of two hundred and thirty jthousand dollars, until the
thirty-first day of July, A. D. ißgo, when the balance of
principal and interest is to be paid ; the said principal sum
8
being the balance of the purchase money due the Common¬
wealth by this Company for the ' Main Line of the Public
Works ; ' and which bonds are by law made a lien on the said
property so purchased.
" The bonds or obligations for one thousand dollars, or two
hundred pounds sterling each, amounting to the sum of
twenty millions of dollars, secured by a general mortgage of
their railroad, franchises, and property in the said mortgage
recited, dated the first day of July, A. D. eighteen hun¬
dred and sixty-seven (1867) ; the said sum being the por¬
tion of the thirty-five million dollars of bonds secured by
the said mortgage which this Company were privileged
to issue; the remainder of the said thirty-five million dol¬
lars of bonds—to wit, fifteen millions—being as yet unis¬
sued, and which (in accordance with the last of this series of
resolutions) are not to be issued, but which were, inter alia,
intended at the date of the said mortgage to be used when is¬
sued, for the purpose of paying, mter alia, the said hereinbefore
recited bonds or obligations, secured as aforesaid by the first
and second mortgages, and also those owing to the Common¬
wealth for part of the purchase money of the ' Main Line of
Public Works,' as by refere^e to the said general mortgage
will more fully and at large):appear ; so that upon the payment
thereof as aforesaid, the mortgage to be made and executed
under the authority of these resolutions will become and be a
first lien upon the railroad, property, real and personal, and cor¬
porate rights and franchises mentioned therein; and which mort¬
gage will be, however, a first lien, from the time of its execu¬
tion, upon certain shares and bonds to be therein referred to,
of the present estimated cash value of fifty millions of dollars:
IJroöibcö, l)0U3cncr, That if ^any of said outstanding obligations
shall be paid by this Company out of the proceeds arising
from the sale of their capital stock, earnings, income, or other¬
wise, then an equal portioit of said bonds may be issued by
this Company for any of tfieir uses."
And it was then further I
" lic0olücö. That this Cojmpany will not make any further
issue of their bonds reciter! in their said general mortgage.
9
dated the first day of July, 1867, in excess of the sum of
twenty millions of dollars."
And it was also
" ßcsolucö, That the compensation of the said trustees, or
their successors or successor in the trust, shall be determined
from time to time by the Board of Directors of this Com¬
pany : Proüiöeö, That such compensation shall not exceed
for any one year the sum of one thousand dollars for each
trustee, and that the acceptance of the trusts created by said
mortgage by the said trustees, or their successors or successor,
shall be deemed and taken to be upon the terms and condi¬
tions therein expressed."
Nora this Jfnöcutu« ÜJitnesseth, That the said party of the
first part, in consideration of the premises and for securing
the payment of the said one hundred thousand bonds, among
which bonds are included those which the said party of the
first part are now authorized to issue to the extent of their
present .full-paid and outstanding capital stock—namely,
sixty-five thousand and forty-seven (65,047) bonds, as well
as those which they may issue from time to time when
additional full-paid capital slock shall be outstanding—
namely, thirty-four thousand iline hundred and fifty-three
(34,953) bonds, Í and those bonds which they may make
and issue from time to time after the payment or cancel- (/
lation of the whole or any portion of the said one hun¬
dred thousand bonds first issued, or of any subsequent
issue not exceeding the limit aforesaid, together with the
interest which may accrue thereon, clear of such taxes
upon the principal or interest of the said bonds as the party
of the first part shall agree in the said bonds, or any of them,
to pay, as the sum of one dollar, lawful money of the United
States, unto them well and truly paid by the said Wistar
Morris, Josiah Bacon, and Edmund Smith at the time of the
execution hereof, the receipt whereof is hereby acknowledged,
have granted, bargained, sold, aliened, enfeoffed, released, and
confirmed, assigned, transferred, and set over, and by these
presents, in pursuance of the pojwer and authority in them
lO
vested by the said Act of Assembly, approved the eighteenth
day of February, A. D. 1873, and by the said recited resolu¬
tions, and of all and every other power and authority in them
in any manner vested and in this behalf enabling, do grant,
bargain, sell, alien, enfeoff, release, and confirm, assign, trans¬
fer, and set over unto the said Wistar Morris, Josiah Bacon,
and Edmund Smith, and their successors, as hereinafter
mentioned, their and each of their heirs, executors, and ad¬
ministrators, as follows:—
Article iirst.—The railroad of the said party of the first
part, extending from Water Street, at or near its intersection
with Liberty Street, in the city of Pittsburgh, near the Mo-
nongahela River, to the city of Harrisburg, in the State of
Pennsylvania; also, all the estate, right, title, and interest of
the said party of the first part (being a leasehold interest for
nine hundred and ninety-nine (999) years from the first
day of January, A. D. one thousand eight hundred and
sixty-one (1861), in pursuance of a lease of that date,
duly recorded) of, in, and to the railroad of the Harrisburg,
Portsmouth, Mount Joy and Lancaster Railroad Company,
which connects with and .extends from the railroad of the
party of the first part at Harrisburg aforesaid, to Dillerville
and to Columbia, respectively, in Lancaster County, in the
said State; and also all the railroad of said party of the first
part which connects with and extends from the railroad last
above named at Dillerville and at Columbia aforesaid, re¬
spectively, to the west end of the bridge over the river Schuyl¬
kill, at Market Street, in the said city of Philadelphia; and also
the extension—known as " The Delaware Extension "—of the
said railroad of the party of the first part to and along the river
Delaware, at the said city of Philadelphia—the said railroads
forming a continuous line of railroad within the Common¬
wealth of Pennsylvania from the city of Pittsburgh to the
city of Philadelphia ; together with all the branches, addi¬
tions, sidings, and turnouts thereof, now owned and that may
hereafter be acquired, and all lands, fences, rights of way,
bridges, wharves, workshops, machinery, stations, offices.
11
depots, depot grounds, engine houses, tracks, rails, and all
tenements and hereditaments whatsoever, of the party of the
first part, now owned and that may hereafter be acquired
(except as hereinafter excepted), which are now, or may at
any time hereafter be, used for the purpose of operating the
said railroads, or either or any of them, or for the business
thereof ; and together with all the rolling stock, materials,
and furniture of the party of the first part, now owned and
that may hereafter be acquired, as appurtenant to, or for use
upon, or for the business of, the aforesaid railroads, or either
or any of them ; and together with all the corporate rights ;
privileges, and franchises of said party of the first part now
owned and that may hereafter be acquired, connected with,
or relating to, the said railroads, or either or any of them ;
and together with all the streets, ways, alleys, passages,
waters, water courses, easements, rights, liberties, privileges,
hereditaments, and appurtenances whatsoever unto any of the
hereby granted and mentioned premises and estates belonging
and appertaining, or to belong and appertain, and the rever¬
sions and remainders, rents, issues, and profits thereof ; and all
the estate, right, title, interest, property, claim, and demand
of every nature and kind whatsoever of the said party of the
first part, now owned and that (hay hereafter be acquired, as
well at law as in equity, of, in, and to the same and every part
and parcel thereof.
Hereby specially excluding and excepting out of and from
this mortgage, and from the lien and provisions hereof, the
folloiving property of the party of the first part :—
All the real estate of the party of the first part in the
Twenty-fourth Ward of the said city of Philadelphia, situated
south of Bridge Street and west of Thirty-second Street, and
west of Mansion Street and north of Lancaster Avenue, the
same being city lots not connected with, or appurtenant to, or
necessary for, the maintenance or operation of the said rail¬
roads.
Also, all that branch of their railroad known as " The
Steubenville Extension," beginniipg on the east side of Wash¬
ington Street, in the city of Pittsburgh, and extending to the
12
south bank of the Monongahela River, via a tunnel and the
bridge over the said river, to its point of connection with the
Pittsburgh, Cincinnati and St. Louis Railway (formerly the
Pittsburgh and Steubenville Railroad), on the west side of
the Washington Turnpike (in the late borough of South Pitts¬
burgh, now incorporated with the city of Pittsburgh), being
about six thousand three hundred feet in length, together
with the lots of ground, depots, and stations appurtenant to
and connected therewith.
Also, all those two certain lots or pieces of ground situated
in the said city of Pittsburgh, the first thereof bounded north¬
wardly by Washington Street, eastwardly by Fountain Street,
southwardly by Seventh Street, and westwardly by Grant
Street ; and the second thereof bounded northwardly by the
southwardly line of Liberty Street, eastwardly by the west¬
wardly line of Grant Street, southwardl} by the northwardly
line of Seventh Street, and westwardly by a line extending
from said Seventh Street, at the distance of one hundred and
twenty feet from and parallel with said Grant Street, to a
point on the southwardly line of said Liberty Street.
Article Seconb.—All the' hstate, right, title, and interest of
the said party of the first pcyt (being a leasehold interest for
nine hundred and ninetymine years from the first day of
January, A. D. 1871, by virtue of a lease dated the thirtieth
day of June, A. D. 1871, between The Delaware and Raritan
Canal Company, The Camden and Amboy Railroad and
Transportation Company, and The New Jersey Railroad and
Transportation Company, commonly called The United Canal
and Railroad Companies of New Jersey, corporations of the
State of New Jersey, and The Philadelphia and Trenton
Railroad Company, a corporation of the State of Pennsyl¬
vania, of the first part, and. The Pennsylvania Railroad Com¬
pany, party of the second part, and filed in the office of the
Secretary of State of the State of New Jersey) of, in, and to
the canal of The Delaware and Raritan Canal Company, with
its feeder and other appurtjenances, crossing the State of New
Jersey and connecting the Delaware and Raritan rivers; the
13
railroad of The Camden and Amboy Railroad and Trans¬
portation Company, extending from the river Delaware, at
Camden, in the State of New Jersey, to the Raritan Bay, at
South Amboy, in the said State of New Jersey, and also the
steamboat line from the said South Amboy to the city of
New York; the railroad jointly owned by the said Delaware
and Raritan Canal Company and the said Camden and Am¬
boy Railroad and Transportation Company, extending from
the city of New Brunswick, in the said State of New Jersey,
to the Delaware River, at the city of Trenton, in the said
State of New Jersey, where it connects by means of a bridge
over the said Delaware River with the said Philadelphia and
Trenton Railroad; the railroad of The New Jersey Railroad
and Transportation Company, connecting with and extending
from the railroad of the Delaware and Raritan Canal Com¬
pany and Camden and Amboy Railroad and Transportation
Company, at or near the city of New Brunswick aforesaid, to
the Hudson River, at Jersey City, in the State of New Jersey,
opposite the city of New York; the railroad of The Phila¬
delphia and Trenton Railroad Company, extending from the
city of Philadelphia, in the said State of Pennsylvania, to
the bridge over the said Delaware River, opposite the said
city of Trenton; together witf(^the several branches, addi¬
tions, sidings, and turnouts thereof, and all lands, bridges,
wharves, fences, rights of way, ■workshops, machinery, stations,
offices, depots, depot grounds, engine houses, tracks, with the
rolling and floating stock ; also, all tenements and heredita¬
ments, corporate franchises, rights, and privileges belonging
respectively to the said canal, feeder, and railroads, and
necessary for operating the same or for the business thereof ;
together with all and singular the shares of stock, estates, and
interests in other railroad companies, in horse or passenger
railway companies, in railroad and other bridges, in ferry com¬
panies and ferries, in turnpike companies and turnpikes, in
plank-road companies and a plsnk road, mentioned in the
said Indenture of Lease. Amor'g the said estates and inter¬
ests in other railroads is a lease to The Philadelphia and
Trenton Railroad Company aforesaid, for the term of nine
14
hundred and ninety-nine years from the eighteenth day of
February, A. D. 1863, of the railroad of Tlie Connecting
Railway Company, connecting with the railroad of the party
of the first part hereto both at or near Thirty-fifth Street
and Fortieth Street, in the said city of Philadelphia, and ex¬
tending thence to, and connecting with, the railroad of The
Philadelphia and Trenton Railroad Company, at or near
Frankford, in the said city, and by means thereof the railroads
of The Philadelphia and Trenton Railroad Company, The
Camden and Amboy Railroad and Transportation Company,
and Delaware and Raritan Canal Company and The New
Jersey Railroad and Transportation Company, form a con¬
nected and continuous line of railroad from the railroad of the
party of the first part hereto, in the city of Philadelphia, to
Jersey City, opposite the city of New York.
Also, all the estate, right, title, and interest of the said
party of the first part (being a leasehold interest for nine hun¬
dred and ninety-nine years from the first day of January,
A. D. 1862, by virtue of a lease and contract dated the sixth
day of January, A. D. 1862, modified by an agreement be¬
tween the said parties, dated the first day of January,
A. D. 1870) of, in, and to,, the railroad of The Philadel¬
phia and Erie Railroad Company, which connects with
and extends from the railroad of The Northern Central
Railway Company at Sunbury, in Northumberland County,
in the State of Pennsylvania, to its terminus at the harbor of
Erie, on Lake Erie, in the city of Erie, in the State of Penn¬
sylvania; which railroad of The Northern Central Railway
Company, extending from Sunbury aforesaid to the city of
Baltimore, in the State of Maryland, crosses and connects
with the railroad of the party of the first part hereto at
Marysville, in the county cf Perry, in the State of Pennsyl¬
vania, thereby making a cor^itinuous line of railroad from the
said railroad of the party of jthe first part at Marysville to the
harbor of Erie aforesaid. j
(fxccpting anb rcscrcing, hotocticr, from the lien and opera¬
tion of this present Inderjture of Mortgage the property
acquired under the said Ifase, dated the thirtieth day of
15
June, A. D. 1871, as follows, viz.: First, the " Harsimus
Cove property," situate in Jersey City, and fronting on the
Hudson River, from the middle of South Second Street to
the middle of South Seventh Street, having from the bulk¬
head line an extreme depth inland of half a mile, and contain¬
ing about seventy acres of land under water, together with the
branch railroad—in the course of construction—leading from
the main line of railroad to the said cove property. Second,
the real estate at Hoboken, in the county of Hudson, State
of New Jersey, and all other real estate not occupied for
operating, or necessary for the uses of the said canal and
feeder and the said railroads so leased.
Article ®l)irii.—The party of the first part, in order to afford,
via their railroad, connected and direct lines of communica¬
tion between the principal commercial centres of the Western
States north of the Ohio River and the cities of Baltimore,
Philadelphia, New York, and other points on the Atlantic
seaboard, and also for the purpose of increasing the traffic over
their said railroad by means of lateral and connecting rail¬
roads intended to develop the resources of the country
through which they pass, having by authority of law aided
other railroad and railway companies in the construction or
enlargement of their railroads eitiier by the purchase of their
shares of capital stocks or bonds, or both (which shares and
bonds are, at the date of these presents, owned and held by
the said party of the first part, and are of the estimated cash
value of fifty millions of dollars), and thereby secured perma¬
nent connections and feeders to their said railroad ;
Now, in view of the present and constantly augmenting
value of these connections and feeders to the business of the
railroad and property hereinbefore described, as well as the
actual cash value of the said shares and bonds, the party of
the first part, for the further security of the bonds intended
to be issued by the party of the first part as aforesaid, have
deemed it proper to, and do, )iereby grant, bargain, sell,
assign, transfer, and set over the said shares and bonds to the
said trustees, and their successor.-, in the trust, to the end that
i6
the same shall be included in this present Indenture of
Mortgage, under and subject, nevertheless, to the conditions
and covenants respecting the same hereinafter contained ; a
detailed statement of which bonds and shares, as well as the
said bonds and the certificates for the said shares, and all
the bonds and shares received in substitution thereof, shall at
all times hereafter be subject to the inspection of the present
and of all future trustees under this Indenture of Mortgage.
<Î0 lltö to fjolb the premises hereinbefore described with
the appurtenances, including the aforesaid leasehold estates,
bonds and shares, unto the parties of the second part hereto and
their successors, as hereinafter mentioned, their and each of
their heirs, executors and administrators, to and for their only
use and behoof, in trust, nevertheless, for the use, benefit, and
security, as hereinafter mentioned, of the several persons and
bodies corporate, their respective executors, administrators,
successors, and assigns, who shall be or become the holders
of the said one hundred thousand bonds, as well those first to
be issued, as the amount of the full-paid and outstanding
capital stock may justify, as those which may be made and
issued from time to time aftcf the payment of the whole or
any portion thereof, or of any subsequent issue not exceed¬
ing the limit aforesaid, withoy-i any preference, priority, or dis¬
tinction whatsoever to any holder of any such bond or bonds,
except in respect to a sinking fund as hereinafter provided ;
but subject, nevertheless, to the right of the party of the first
part, and their successors and assigns, to retain the free and
uncontrolled use, enjoyment, possession, and management of
the aforesaid premises hereby granted or intended so to be,
until the said parties of the second part are authorized to
enter upon or sell the same, as hereinafter set forth.
wVnb it is bcrebn ctqitcsslg coocnantcb onb agvecb by and
between the parties hereto J^the said party of the first part
covenanting as well for theilnselves as for their successors
and assigns, and the said j-ijarties of the second part cove¬
nanting as well for themselvjes as their successors or succes¬
sor in the trust) in manner following, viz. :—
17
ifirst.—That they, the party of the first part, their succes¬
sors or assigns, shall and will punctually pay to the holders of
the aforesaid bonds intended to be hereby secured, the inter¬
est thereon semi-annually, as the same shall become due and
payable, according to the terms in said bonds contained, and
on the days therein respectively mentioned for the payment of
the same ; and shall and will also, on the days and times men¬
tioned in the said bonds, respectively, or whenever the said
principal sums of the said bonds shall, according to the pro¬
visions thereof, become due and payable, fully pay and satisfy
the same, both principal and interest, without further delay,
amljwithout deduction either fr m the said principal or inter¬
est, for any tax or taxes thereon according to the terms in the
said bonds, or in any of them, contained.
Sctonb.—That as any part of the said one hundred thousand
bonds shall from time to time be made and issued, wherein
it may be stipulated or declared that they are entitled to the
security of the covenants in this Indenture of Mortgage con¬
tained in relation to a sinking fund, then, and for any bonds
containing such stipulation or declaration, the party of the
first part shall and will provide a sinking fund for the redemp¬
tion and cancellation of the said bonds comprised in such
part in the manner following, tnat is to say, that when and
as any part of the one hundred thousand bonds shall be made
and issued as aforesaid, containing such stipulation or decla¬
ration, the party of the first part shall and will, on the fifth year
after the date of the bonds comprised in such part, and an¬
nually thereafter, set apart out of their net profits, net earn¬
ings, or net income of the preceding year, a sum equal to
one per centum of the principal sum of the said bonds com¬
prised in such part and outstanding ; which sum shall be ap¬
propriated to the purchase of the said bonds comprised in
the said part for which such sinking fund has been provided
as can be obtained at prices not exceeding par ; and the
bonds so purchased shall be canceled and delivered to the
said trustees or their successors or successor in the trust.
But if the said bonds cannot h^e purchased at or under the
i8
price aforesaid, then the President and Treasurer, together
with the chairman of the Finance Committee of the said
Board of Directors for the time being of the said party of
the first part, or a majority of them, shall invest the moneys
•composing said sinking fund in such lawful securities as they
may deem advisable, the proceeds whereof, together with the
accumulations of interest thereon, shall belong to the said
sinking fund, and be applied to the purchase of the said
bonds as aforesaid, whenever the same can be purchased at
or below the price hereinbefore named ; and the said party
of the first part shall and will keep a separate account or
accounts of said sinking fund, which account or accounts
shall be open at all times to the inspection or examination
of the said trustees and their successors or successor in the
trust.
®llirö.—That if the party of the first part hereto, their
successors or assigns, shall at anytime hereafter, after demand,
make default, or refuse, neglect, or omit, for any period ex¬
ceeding six months after the same shall become due and
payable, to pay the semi-annual interest on the bonds hereby
intended to be secured, or ^ly of them, or shall, after de¬
mand, make default, or refuse*) neglect, or omit, for any period
exceeding six months after the same shall become due and
payable, to pay the principal sum of each and all of the said
bonds intended to be hereby secured ; or shall, after demand
made by the said trustees, or their successors or successor in
the trust, refuse, neglect, or omit, for any period exceeding
six months after the time or times provided therefor, to set
apart out of their net profits, net earnings, or net income the
sum or sums hereinbefore mentioned for the sinking fund,
then, and in either such case, the said trustees or trustee for
the time being shall and will, upon the written request of the
holders of one-fourth in amou|nt of the said bonds outstand¬
ing, and upon which such default, refusal, neglect, or omis¬
sion to pay the said interest ,or principal or to provide the
sinking fund therefor as afon ^aid, shall have been made or
shall have occurred, enter upon and take possession of the
19
railroads, estate—real and personal, and premises hereby
mortgaged, or agreed or intended so to be ; and shall and
will thereupon, by themselves or by such agents as they may
appoint, operate, manage, control, and use the said railroads,
estate—real and personal and premises (possession of which
may be so taken), to the best advantage, and appropriate the net
income and proceeds to be derived therefrom (after deducting
the expenses of this trust, and such sum or sums as may be
sufficient to indemnify the trustees or trustee for the time
being against any liability, loss, or damage for or on account
of any matter or thing to be done by them or him in good
faith in the performance of their or his duty as trustees or
trustee) to the payment in full, without any preference, pri¬
ority, or distinction of one bond over firstly, of the
interest due on, and, secondly, of the principal of, all of the
aforesaid bonds then outstanding and intended to be hereby
secured, in full, if the said income and proceeds be sufficient,
but if not, then pro rata ; or the said trustees or trustee shall
and will, after or without entering upon or taking such pos¬
session, upon the written request of the holders of a like
amount of the said bonds then outstanding, and upon which
default has been made as aforesaid, proceed to sell the rail¬
roads, estate—real and persorál, corporate rights and fran¬
chises and premises hereby mortgaged, or agreed or intended
so to be, to the highest and best bidder at public sale in the
city of Philadelphia (after having first given at least three
months' notice of such intended sale by publication, to be
made twice in each week, in at least two daily newspapers
published in each of the said cities of Philadelphia and Pitts¬
burgh, and in the city of London, England), and grant and
convey the same to the purchaser or purchasers thereof,
freed from all and every the trüsts hereby created, and with¬
out liability on the part of such purchaser or purchasers to
see to the application of the' purchase money ; and shall
and will appropriate the purchase money, after deducting
therefrom the expenses of the! trust, and indemnity to the
trustees or trustee as aforesaid, to the payment as aforesaid,
firstly, of the interest due on, and, secondly, of the principal
20
of, the said outstanding bonds, in full, if the said purchase
money be sufficient, or if not, then pro rata ; and in the
event of there being in the hands of the said trustees or
trustee any portion of the trust estate, or the proceeds
thereof, after the payment in full of the principal and interest
of the aforesaid bonds, then the said trustees or trustee shall
reconvey, retransfer, or pay over the same to the party of
the first part, their successors or assigns, for their sole use
and benefit ; it being bistiuctln unöcistooö anb ogrccb, that in
the event of any such entry upon or taking possession of
the railroads, estate-—real and personal, and premises hereby
mortgaged, or agreed or intended so to be, or in the event
of any sale thereof by the said trustee or trustees for the
time being, as hereinbefore mentioned, then, and in either
such case, the whole principal sum of each and all of the
bonds then outstanding and intended to be hereby secured,
shall forthwith become due and payable, notwithstanding
the same may, by the terms of the said bonds, be payable
at other times. 3t being furtl)cc bistinctin nnbcrstoob anb
ngrccb (any law or usage to the contrary notwithstanding),
that neither the parties of^ the second part hereto, nor
their successors or successor^, in the trust, nor the holder
or holders of the bonds inf^ended to be hereby secured,
or any of them, shall sell the premises hereby mortgaged,
or intended so to be, or any part thereof, under proceedings,
either at law or in equity, otherwise than in the manner
herein provided for the recovery of the whole or any portion
of the principal or interest of the said bonds; it being the
intention and agreement of the parties hereto, as well for the
better protection of the holders of the bonds hereby secured
against changes of the law in respect to the remedies for the
collection of debts, as for the securing of the largest possible
price for the mortgaged premises, in the event of a sale of the
same or any portion thereof, ttiat the mode of sale hereinbe¬
fore provided shall be exclusi'j/e of all others.
Jrourtl).—That the party of pe first part shall and will from
time to time hereafter, upon ijhe demand of the said trustees
21
or trustee for the time being, grant, convey, assure, assign,
transfer, and set over unto the said trustees or trustee for the
time being, all real and personal estate, corporate rights and
franchises which they, the party of the first part, shall hereafter
in any way or manner acquire, either as appurtenant to, or
for use upon, or for the business of, the said railroads, or any
of them ; and all the right, title, and estate of the party of
the first part of, in, and to such of the leases of otherrailroads
and to such of the shares of the capital stock and bonds of
other railroad companies and of other corporations which the
party of the first part shall hereafter in any manner acquire
and which their Board of Directors shall, by resolution, di¬
rect to be conveyed, assured, assigned, transferred, and set
over to the said trustees or trustee for the time being, and
shall and will do, make, seal, execute, acknowledge, and de¬
liver, or cause to be done, made, sealed, executed, acknowl¬
edged, and delivered, all and every such other or further
acts, matters, things, deeds, conveyances, and assurances in
the law, for the better assuring, conveying, and confirming
unto the said trustees or trustee for the time being, all and
singular the hereditaments and premises, estates and property
hereby conveyed, or intended so :o be, or which are hereby cove¬
nanted and agreed to be hereafter conveyed to the said trustees
or trustee for the time being, as by such trustees or trustee, or
by their or his counsel learned in the law, shall be desired or
required for the better effecting and carrying out the provis¬
ions, objects, and purposes of this mortgage, and securing the
payment of the principal and interest of the bonds intended to
be hereby secured ; all which estates and premises shall be
held by the said trustees or trustee for the time being, in, un¬
der, and upon the several and respective trusts, and for the
uses and purposes, and subject to the powers and authorities,
in this Indenture of Mortgage mentioned and expressed.
iifti).—T hat it shall and may be lawful for the said party
of the first part, their successors or assigns, by and with the
consent and approval in writing of the said trustees or trus¬
tee for the time being, at any tjme or times hereafter to sell
22
for cash or on credit, or partly for cash and partly on credit,
or to exchange any part or parts of the hereby mortgaged es¬
tates and premises, mentioned and described in Article First
hereof, free and clear from the lien and operation of these
presents, and to convey and assure the same, without liability
on the part of the purchaser or grantee for the disposition
made of the price paid or property received in exchange :
Proüibcb, t)Otuct)cr, That the proceeds of any sale or sales
shall, at the option of the said party of the first part, be
invested by them, either in the improvement of any remain¬
ing part of the said mortgaged premises mentioned in Article
First, or in the purchase, by the said party of the first part, of
other property, real or personal ; which property so purchased,
as well as any that may be acquired in exchange as aforesaid
by the party of the first part, shall be conveyed in mortgage
by the party of the first part to the said trustees or trustee
for the time being, subject to all the trusts hereby declared,
and also to the power of sale and of exchange herein reserved ;
or the said proceeds of sale may be invested in the purchase
of bonds hereby secured ; which bonds when purchased shall
be forthwith canceled and delivered to the said trustees or
trustee.
öixtl).—That it shall and mày be lawful for the said party
of the first part, their successors and assigns, at any time or
times hereafter, by resolution of their Board of Directors,
when in the opinion of the said Board it may seem to be for
the best interests and advantage of the party of the first part,
without the consent in writing or otherwise of the said trustees
or trustee as aforesaid (except as hereinafter excepted), to
agree with the lessors, their successors and assigns, of the
leases or contracts mentioned or included either in Article
First or in Article Second hereof, or with the lessors of those
hereafter acquired, to modify,'or change the terms and condi¬
tions thereof, or any of them) or to annul or determine the
same {except that the consent in writing of the said trustees
or trustee shall be necessary tb any agreement annulling and
determining the said leases jand contracts, or any of them,
now owned or hereafter acqniired) ; and whenever aifthorized
23
by the said leases and contracts, or any of them, so to do, to
sell or exchange, or, as lessees, to consent to the sale or
exchange of, the whole or any part of the real or personal
property demised, or intended so to be, by the said leases and
contracts now owned or hereafter acquired, or any of them,
free and clear from the lien and operation of these presents,
and to convey and assure the same, without liability on the
part of the purchaser or grantee for the disposition made of
the price paid, or property received in exchange: Çrouiôcb,
l]0iDC0cr, That the proceeds of any sale or sales of the said
mortgaged premises mentioned and described in Article Sec¬
ond, shall, at the option of the said party of the first part, be
invested by them, either in the improvement of any remain¬
ing part of the said mortgaged premises mentioned in Article
Second, or in the purchase by the said party of the first part,
of other property, real or personal (which property so pur¬
chased, as well as any that may be acquired in exchange as
aforesaid by the party of the first part, shall be conveyed in
mortgage by the party of the first part to the said trustees or
trustee for the time being, subject to all the trusts hereby
declared, and also to the power of sale and of exchange herein
reserved) ; or the said proceeds |óf sale may be invested in the
purchase of bonds hereby secu|-ed ; which bonds when pur-
chaseil shall be forthwith canceled and delivered to the said
trustees or trustee.
Öcücntl).—-That it shall and maybe lawful for the said party
of the first part, their successors and assigns, at any time or
times hereafter, by resolution of their Board of Directors,
when in the opinion of the said Board it may seem to be for
the best interests and advantage of the party of the first part,
and without the consent, in writing or otherwise, of the said
trustees or trustee as aforesaid, to sell or exchange or other¬
wise dispose of the shares of*capital stock and bonds men¬
tioned in Article Third hereo:
be hereafter substituted theref
been assigned and transferred
the time being, by resolution
pursuance of the fourth coven
as well as those which may
or, or those which shall have
to the trustees or trustee for
)f the Board of Directors, in
mt herein contained, without
24
the hindrance or restraint of the present or of any future trus¬
tees or trustee, or any other person or persons whomsoever,
free and clear from the lien and operation of these presents,
and to convey, transfer, and deliver the same without liabil¬
ity on the part of the purchasers or transferees thereof, re¬
spectively, for the disposition of the price paid or property
received in exchange; Proüiöcö, liorocuci", That the proceeds
of any sale or sales of the said mortgaged premises mentioned
in Article Third shall, at the option of the said party of the
first part, be invested by them, either in the improvement of any
part of the said mortgaged premises mentioned in Articles First
and Second, or in the purchase by the said party of the first part
of other property, real or personal ; which property so pur¬
chased, as well as any that may be acquired in exchange as
aforesaid by the party of the first part, shall be conveyed in
mortgage by the party of the first part to the said trustees or
trustee for the time being, subject to all the trusts hereby de¬
clared, and also to the power of sale and exchange herein re¬
served ; or the said proceeds of sale may be invested in the
purchase of bonds hereby secured; which bonds, when pur¬
chased, shall be forthwith canceled and delivered to the said
trustees or trustee. \
\
(iciglitl).—That in the event of the death, resignation, neglect,
refusal, or incapacity to act of the trustees herein named, or
either of them, or any successors or successor in the trust, then
the party of the first part hereto shall have full power and
authority to and will nominate and appoint a new trustee or
trustees for the purpose of filling the vacancy so caused, and
supplying the place of such trustee or trustees so dying, re¬
signing, neglecting, refusing, or becoming incapable to act ;
such nomination and appointment to be made by instrument
of writing to be executed, acknowledged, and recorded in
the same manner as this prient Indenture, and the accept¬
ance of the trust by such neilv trustees or trustee to be in¬
dorsed upon and recorded with such instrument of writing;
and the said trustee or trustees so nominated and appointed
shall, upon his or their accepting the appointment, take upon
25
himself or themselves the same trusts, and have the same
powers, and be subject to all the stipulations and conditions
of this Indenture; which trusts, powers, stipulations, and
conditions it is hereby agreed and declared shall extend to,
and be performed and executed by, such newly-appointed
trustee or trustees as they may, or can, or might, or could be
by the trustees named herein as parties of the second part ;
and the like nomination and appointment may and shall be
made and carried into effect in like manner, from time to
time, as often as there maybe occasion therefor,and with the
same effect as hereinbefore mentioned.
Ninti}.—And it is hereby further covenanted and agreed, and
this trust is accepted upon the express condition, that the said
trustees shall not, nor shall any future trustee or trustees, incur
any liability or responsibility whatever in consequence of per¬
mitting or suffering the said party of the first part to retain or
be in possession of the railroads, estates, and entire premises
hereby mortgaged, or agreed or intended so to be, or any part
thereof, and to use, enjoy, sell, exchange, dispose of, or otherwise
deal with the same, or any part of the same, as is hereinbefore
expressly covenan ted and agree,d may be done, or permitted to
be done, by the party of the first part ; nor shall said trustees,
or any future trustee or trustees, be or become responsible or
liable for any destruction, deterioration, depreciation, deter¬
mination, loss, injury, or damage which may be done or occur
to the railroads and estates and premises hereby mortgaged,
or agreed or intended so to be, either by the said party of the
first part or their agents or servants, or by any other person or
persons whomsoever; nor shall any such trustees or trustee,
present or future, be in any \!;ay responsible for the conse¬
quences of any breach, on the part of the party of the first
part, of any of the covenants herein contained, nor for any
act of the said party of the firs;, part, their agents or servants ;
nor shall the said trustees or trustee, present or future, be or
become liable or responsible for any cause, matter, or thing
except their or his own willful and intentional breaches of the
trust herein expressed and contained : |)rot)iöcö olujags, ncocf-
26
tl)ele6S, That if the party of the first part, their successors or
assigns, shall and do well and truly pay or cause to be paid
unto the person or persons, bodies politic or corporate, who
shall become holders of the bonds intended to be secured
hereby, the several and respective sums expressed therein, on
the days and times therein respectively mentioned for the
payment thereof, together with the interest for the same, ac¬
cording to the provisions of the said bonds or obligations, or
in accordance with the provisions hereof, without any fraud
or further delay, then and from thenceforth, as well this
present Indenture, and the estates hereby granted and con¬
veyed, or hereby agreed so to be, as the said recited bonds or
obligations, shall become void and of no effect, anything
hereinbefore contained to the contrary thereof notwithstand¬
ing, and satisfaction shall be forthwith duly entered by the
said trustees or trustee, for the time being, upon the record of
this Indenture of Mortgage.
Jtt ttlitncss tXII)ercof, The said The Pennsylvania Rail¬
road Company have hereunto affixed their common or cor¬
porate seal, and the President of the said Company, by virtue
of the authority vested in him, has hereunto affixed his sig¬
nature, and the Secretary of the said Company has duly
attested the execution hereo , the day and year first afore¬
said.
J. EDGAR THOMSON,
President.
Attest :
Jos. Lesley,
Secretary.
Signed, sealed, and delivered
in the presence of us : ;
L.winia F. ThomsoiIí,
William J. HowariI),
Lewis F. Oddy.
tUc hereby accept the foregoing TRUST.
27
Jin Ojitness tUlicreof, We have hereunto set our hands and
seals, this first day of July, A. D. one thousand eight hundred
and seventy-three.
WISTAR MORRIS, [seal]
JOSIAH BACON, [seal]
EDMUND SMITH. [seal]
Signed and sealed in the
presence of us :
Floyd H. White,
William J. Howard.
(Citg of pi)ilobclpl)itt, ] ^
State of JJcnttSDloama, (
Be it Kentcmbcrcb, That on this twenty-eighth day of August,
A. D. one thousand eight hundred and seventy-three (1873),
before me, the subscriber, a notary public for the city of
Philadelphia, personally appeared J. Edgar Thomson, Presi¬
dent of the foregoing named corporation. The Pennsyl¬
vania Railroad Company, who, being duly affirmed, deposes
and says that he was personalR present at the execution of
the foregoing Indenture of Mortgage, and did affix the com¬
mon or corporate seal of the said corporation. The Pennsylvania
Railroad Company, thereto, and that the seal so affixed is
the common or corporate seal of the said The Pennsylvania
Railroad Company; and that the foregoing Indenture of
Mortgage was duly signed, sealed, and delivered as and for
the act and deed of the said The Pennsylvania Railroad Com¬
pany, for the uses and purposes therein mentioned, and that
the signature of this deponent to the said Indenture of Mort¬
gage, as President of the said corporation, is of this deponent's
own proper handwriting.
J. EDGAR THOMSON,
I
^ President.
Affirmed and subscribed befiore me, the day and year afore¬
said. Witness my hand and i^otarial seal.
I Lewis F. Oddy,
I Notary Public.
28
(Citü of pi)ilabcl}jl)ia, 1
ótate of Pcnnsuioanio,
13e it Ucmctnbcrcb, That on this twenty-eighth day of August,
A. D. one thousand eight hundred and seventy-three (1873),
before me, the subscriber, a notary public in and for the
city of Philadelphia, personally appeared Joseph Lesley,
Secretary of the foregoing named corporation, The Penn¬
sylvania Railroad Company, who, being duly sworn, de¬
poses and says that he was personally present at the exe¬
cution of the foregoing Indenture of Mortgage, and saw
J. Edgar Thomson, President of the said corporation, affix the
corporate seal of the said Company to the said Indenture,
and sign and deliver the same as the act and deed of the said
Company, in pursuance of the authority and direction con¬
tained in the resolutions of the Board of Directors of the
said Company in said Indenture recited, passed at a meeting
of the said Board held on the first day of July, A. D.
one thousand eight hundred and seventy-three (1873); that
the seal affixed to the said Indenture is the corporate seal of
the said Company ; and that the name of this deponent, sub¬
scribed to the said Indenture 7s Secretary of the said corpo¬
ration, in attestation of the duè execution and delivery of the
said Indenture, is of this deponent's own proper handwriting.
JOS. LESLEY.
Sworn and subscribed before me, the day and year first
aforesaid. Witness my hand and notarial seal.
Lewis F. Oddy,
[Notoiaij Notary Public.
Recorded Aug. 30th, 1873, it iif o'c.
Recorded in the office for Recording of Deeds, &c., in and
for the City and County of Pl(iiladelphia in Mortgage Book
F. T. W., No. 70, page 363, &j:.
Witness my hand and seal of office this Thirtieth day of
August, A. D. 1873.
F. T. WALTON,
[seal] Recorder.
29
DEED-POLLS APPOINTING TRUSTEES.
November, 1900.
Alexander Biddle appointed trustee February 17th, 1881,
in place of Josiah Bacon, deceased.
J. N. DuBarry appointed trustee June 30th, 1888, in place
of Edmund Smith, resigned.
N. Parker Shortridge appointed trustee April 13th, 1891, in
place of Wistar Morris, deceased.
John P. Green appointed trustee April 3d, 1893, in place of
J. N. DuBarry, deceased.
William H. Barnes appointed trustee May loth, 1899, in
place of Alexander Biddle, deceased.
[C. S. D., Nov., 1900.]