The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1858-05-29

southern paciNc Nail Eoad.

WHEREAS. on the lHlh day 81 bctohtr,
w 1857. itc Southern Pacific Rail Road
Company. by g., President, GEo. :. lEGafa.
executed and debyerei II, certain Deed iu
Trust. ia substance As follows
This lndcnture, made and entered into ibis
2q,h day OF October, 4 y. 1857, between the
Southern Pacific Rail Road Company, a Cor.
pouii0n chartered hy the state Of Texas Of TIE .
dsst part, and Benjamin Long, William Brad.
field and 4hn u Ntrgef Of The second part
Nitnesseth that the SAID Southern Paehc Raj
Road Company Cor ard ira consideration Of the
sam Of ten dollar. 70 it IN hand pti'. an IN
consideration Of the premises herein AFTER men.
toned, have baresnrA, sold, transferred aud
conveyed and released, and Us these presents
doth bargain. sell. transfer and release 10 the
abose.namcd benjamin Long, Wan. i'radheld,
and John X Nerger and 10 the survivor or
survivors Of said parties uf Gle second part.
and 10 the heirs 81 the survivors, the following
described property, lying aud beng IN the
County Of Harrison, tate % ietas, 60 VT -
Al the land, Of every description 20 which
they have either legal or equitable tile, lying
~ sad County Of Hanson also, the whole
line of thclf Rail Road Bed, including 'he land
on and over which the said Raj Road is locnl
ed, between Marshall, in the State Of Texas.
SON. iaudng, together with all the iron rails
now owned by sad COMPANY now laid down
on said road also, all the iron rails nov oHn.
ed by said Company, IN said County Of liar
rison, and not Jet laid Oh said road also nlI
the franchises aud privilege. granted Ia SAID
party of the first part, by their Act Of lucot
poraton, or by any other law or statute OF the
State ofTexa- Also. two locomotives Nm sad
road, and the chairs, spikes and ears. To have
and to hold the foregoing property franchises
privileges, Sc, sc. TO the said parties Of the
second part, and to the survivor or survivors
and 10 the heirs Of the survivors OF sald parties
Of the second part, upon trust nevertheless and
upon the following terms aud conditions .
whereas 1t is necessary that the said party of
TIE first par, should clleetunliy secure It's pre-
sent Indebtedness. aud also borrow a sum OF
money, not exceeding ihlrly thousand dollats.
OF Whatever amount less than said sum may be
sufficient 10 complete and put "a running order
twenty miles of the rail road by the 18th Of
February next, n order to save the Charter of
said Company from i0riritng. ami whereas
by resolution of the Board OF Directors of said
Company, the PRESIDENT is authorized to Dor.
row SAID sum Of money. and secure the same
by Tire deed now TO secure the said money
which may be borrowed bj the President II
Is hereby stipulated that ans sum OF sum, of
money which he may borrow shall aud d, here.
by declared to be secured by thi. "ccd OF trust,
aud by the property herein conveyed, and said
money 50 borrowed shall be first psd and have
priority Of payment over all debts mentioned
in tins deed of trust, and the said Trustees
shall pay out ofnny proceeds of the sale Of sad
propefiy--.sh0nM II be necessary t. sell the
samc-.-the sad morey so borrowed by him be.
fore any debt or debts herein mentioned,
on the receipt or the pre-laent for sueh
money specifying It was borrowed for said
purposes, or OF any one authorized 10y him 10
receive II, or the note Of the Company eSecu-
ted to him for said borrowed money, shall be
sufficient to crtiie It 10 be paid as aforesaid,
before any other debt herein r'cnuoucd. Sc
condy, to secure to DR.. VIM e. Swanson, the
amount due to him Tor cross TO. furnished OF
to be furnished TO said party of the frat part
also. to Thomas swanson for cross ties iurn.
shed or to be- furnished as aforesaid, and TO
secure any other person or persons who have
or may have FURNISHED cross ties to finish said
road the certificate of MAJOR Blanch the
Chief Engineer, or of the President Of the
amount due 70 ssd parties, or other legal evil
dence TO prove the amount, shall be sufficient
to secure said amounts Tor cross ties aiore.
sad and the amount due for cross ties as af0re.
a., . A.
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