The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1859-04-22
"Old Company" shall be At it's own s,-
penscs and cost
3. The "Old Company" binds itself to

pcnscs and cost.
3 The cold Company" binds itself to
hold the New Company harmless OF all
debts. cins or membranes against
said Railroad property and franchises
created hy itself and the New Comra-
N.Y. binds itself to hold the "Old Cumpa-
nv" harmless of all debts, lcin-, and in
enmbranccs against said Railroad prop
crty and franchises. created hy itself.
The New Company" also agrees to call
back Ia its Office all its stock which may
have been put in the hands of any Of its
ntliccre or agents for sale, or If any
shares thereof have been sold. then the
New Company shall account for the
proceeds thereof
o While the New Company coutin-
ucs in the possession and control of said
Railroad property and franchises. the
cold Company' may sell AMI convey
any part OF said property. provided that
thc uropcrtv thus sold shall not he nee.
/ css,rv 10 the construction. use, and en-
iovmcn, of said Railroad property and
franchises by the New Company : aud
further provided, that any member ~
stakeholder of the New Company may
have the privilege of buying SAID prop
cr,v. at price 30 he agreed upon and
further provided, that the proceeds Of
said sale shall be paid 10 the New Com
pnny7 for the benefit of the parties III
-aid schedule named
10 II tho "Old Company shall In
any way hr dissolved before the pay
ncnt OF one hundred thousand dollars ia
instruments as aforesaid then, upon the
ravrent thereof according 10 the stipu-
latinns OF this agreement by the cori'e-
rators of sand Company OF rs author
iZcd agents, or otherwise thc stock oil
the New Company" shall be transferred
UPON It's stock books. and al the right
tide nnl interest Of the sad Company
t. the said Railroad property, charter,
and franchises, shall We rclinqulshed and
transferred hv the said Company to such
person ur persons as the last board ct
directors Of the cold Company" shall
designate, subject to q mortgage or deed
of trust as aforesaid to secure the said
balance to the "NcV Company aud the
SAID person or persons 80 designated
shall have the same right a. demand Ito
said transfer of stock from the corpora
tors ct The New Company and shn said
REIMBURSEMENT of said road, property
charter. and franchises; aud the New
Company shall have thu ,mc right t.
SAID mortgage or decd Of trust a. il the
Old Company had not been So dissolved
the object being to subrogate 1ls cegpu
raiors uf the Old Company Upon the hap
ycning of the contingency above uatnce
a. the rights Of the \eY tunpauy -ul
icct 30 the terms Of This agreement am
to enable them to carry tie -aHc int
fnl effect
IL Tho New Company shall uai max.
any further contracts ior tho construction
of said Road pending tins agreement. am
AZ to- the said suit IT tn" state ui lrsRs
~ IA" southern Pacific Il Il Co. to,
New Company is to continue lis prt~cn
status as one If the defendant, THERETO
II The contracting parties hereto Hu
tually declare ard pledge thcmsclye- !
each other that this agreement is msfi,
in good faith and with thr ihtcn. anf
purpose ,n carry its stlrulatluus into igi
effect and that IN good faith the 0uiu,
shall bc observed aud executed. accord
ing To- its reasonable construction an,
meaning should i, hc necessary il
order to give iull effect Ia this agree
mcut that any further asrccmcn, suppl,
mcbtary hereto shpuid be- made. the
ia" said PARTIES Will. 10y mutual c"uscu'
enter into tine SANE, and fnally th" pre-
cryatlon of the rights IF the parties. th
construction of said Railroad and th
promotion of the public as well a. lh,
private interests involved in this enter
prize have induced Ms to harmoni,c uu
differences and will continue To actual
rs in future,
II. All items OF parts # items cu
hraccd iu schedule - which may hav
been paid by or for the cold Company.
shall he credited on the gross indebted
ness hrrcr stated and stock shall t.,
allowed nrcn the same
In witness hereof, on the rert cf ih'
cold Company this agreement Is situc'
by Jcptha fowkcs. President and conn
'lcrsigncd by u C. Wilder. Secretary
with the seal Of said Company affixed
in ,H-suancc ct a legal vote Of th,
Board ~ Director, Of sand Company an,
ON the pan Of the New Company" tii.
agreement is signed hy ". T. scott
Vice Present. acting as President IN ia,
absence of l. +. Grant, President, } ans
countcrsigncd by W T. y Ward See
rotary, with the seal Of sand Company
affixed, in pursuance Of a legal vote OF th'
Board of Directors of said Company.
JEpTHA FOWLkES, Hr,slltat
d c. Wupre, .Secr,iayv
W. T. SCOTT. Iip Prudtat
w r D. WARD, 'Secr,iayy
April 6, 1859
a note IN the CcntrcvIlc Herald Of tho
sth inst, from Hon T. W, Blake, inform,