The New York herald., 1872-12-23


pany asin the Credit Mober OF America, they viii
execute and perform the said contract, and aitn-
fully hold the proceeds thereof to the just use ana
| benent OF the parties entitled thereto.
parties Of the rst second ana third part hereto as
That said Cakes Ames party o. the nrst part hereto
hereby for and In consideration OF 81 lawful money
ths eniseS states 70 him duly paid BY tine party
valuable considerations herein, thereunt0 moving,
doth hereby assign, set over and transfer unto the
Sidney Dilon, CorneiRs 8. Bushnell, Horny 3.
McComb and Benjamin z. Bates, parties OF the Sec
to the said certain contract heretofore made and
executed by and between the Union Pacific Rail-
road Company and tae said Oakes Ames, bearing
date the 10th day OF August. 1857 Tor the construc
ton ofportiOns OF the railroad and telegraph line
OF said railroad company, to which contract refer
the second part, to have and to hold the Same to
them and their survivors and successors forever in
trust.
Nevertheless, upon the following trusts and con-
ditions and limitations, to witt
First-That they, the said parties OF the second
part, snail perform all the terms and conditions or
the said contract so assigned In all respects which
In and by the terms and conditions thereofis un.
dertaken and assumed and agreed to be done and
named.
Second-That they, the said parties OF the Sec
ond part shall hold all the avaiis and proceeds OF
the said contract, and thereirom shall reimburse
themselves and tue party Of the third part hereto,
all moneys advanced and expended by them, or
either OF them in executing or performing the
said contract with interest and commission thereon
Tnaru-Out ol the said avails and proceeds to pay
unto the parties OF the second part a reasonable
trustees for executing and perrormlng the terms
and conditions OF this agreement, which cOmpen-
sation shall not exceed the snm OF $4,000 per an
NUN to each and every one OF the parties OF the
second part.
Eou,sa-To hold all the rest and residue OF the
said proceeds and avas, for the use and benefit of
such of the several persons holding and owning
shares in the capital stock Of the said Credit MO5I
G % t On ne e aa o. u e de hereof IN
stockholders now severally hold and own, and for
the use and benefit OF snch Of the several assgnees
and holders OF such shares OF stock at the times
herein set FORTH for the distribution said residue
and remainder oil said avas and proceeds who
shall comply with the provisions, conditions and
part to be compiled with.
FU1n-To pay over on or before the first wednes-
day OF June and December In each year, or within
thirty days thereafter, his just share ana proper.
tion OF the residue and remainder OF the said pro-
said trustees to have been made and earned as net
profit on said contract, during the preceding six
| Mobiher OF America, who being 4 stocklolder ia
| the Union Pacific Railroad shall have made and
10 n q Sr
their survivors and successors, empowering them
the said parties of the second part to vote upon ut
least sixtenths OF all tho shares OF stock owned by
said shareholders OF the Credit Mober OF America
in the capital stock OF the Union Pacific Railroad
tenths Of any stock in said Union Pacific Railroad
Company he may have received as dividend, or
IN saa Credit MoSer Of oa
which may appertain to any shares In said Union
Pacific Railroad Company, which had been SO as
signed to him at the time or times OF the dStribu
tion OF the said profits as herein provided and this
trust is made and declared upon the express con-
dition aud limitation that 1t shall not enure In any
manner or degree to the use or benefit of any
stockholder Of the Credit Mobilier OF America who
shall neglect or refuse to execute and deliver unto
the said parties OF the second part, his proxy or
power OF attorney In the manner and for The pur
pose hereinbefore provided, or who shall in any
or interfere with the execution or performance OF
the trust and conditions herein declared and set
And the above transfer and conveyance Of said
contract Is made upon these further trusts and
Frst-The said parties OF the second part their
survivors and successors, trustees aforesaid, in
all their acts and doings In the execution and per-
their several trusts and conditions herein set FORTH
shall act by the concurrons assent Of four OF their
y wTntn or BY yea and
OF which shall be recorded in book Of proceedings
Of said trustees kept for the purpose by their
ssoonnd-said parties Of the second part shall
keep an ONCE in the city Of New York for the trans
action OF the business incidental TO said trust.
Meetings OF said trustees may be held call OF the
secretary on request Of any two Of their number;
sucn can may may De i1 made personally % or BY mail
petent person as secretary, who shall keep faith
lui record Of all their acts, proceedings and con-
and shall cause to be kept suitable books of i &C.
counts and vouchers Of all their business transac-
tions, which books shall Ct All times be open to
FOurTh-The said trustees shall cause monthly
statement to be made, showing the amount due
from the Union Pacific Railroad Company on ac-
count Of work done or equipment or material lnr-
nished under the contract. according to the esti-
mates Of the engineer OF the Union Pacific Rail-
road Company as provided In said contract a copv
Of which statement shall be furnished to the
Credit Mobilier Of America.
contract is made upon the further trust and CON
First-That in case Of death, declination, dis.
ability by reason OF sickness or absence from the
country for the space Of SIX months, or neglect to
fulfill the duties and Obligations OF said trust for
the same time by either said trustees, the remain
ing or surviving trustees may declare the place OF
such trustee to be vacant, and I'LL such vacancy by
vote in manner Aforesaid.
II case any one me o. said trustees
his duties as such trustee, or shall wiuy attempt
to hinder delay, obstruct or interfere with the
execution or performance Of said contract, or the
due execution and performance Of said trust and
conditions according to the true intent thereof
or shall appropriate to his own use or beneft any
money, or other valuable thing belonging to ap-
pertaining to said trust fund or property, he shall
not be entitled further to such trustee or to
receive any OF tue benefits OF said trusts either as
shareholder In said Credit Mobilier Of America or
otherwise.
The parties OF the second part do hereby accept
the said trust, and agree faithfully to execute and
perform the same according to the terms, con-
dti0ns and limitations herein set forth.
The party Of the third part in consideration Of
the premises, hereby agree to advance, as upon
loan, to the said parties OF the second part their
survivors and successors, all such sums of money,
said trustees, economically and promptly to exc
cute and perform the conditions OF said contract,
npen the cali Of said parties Of the second part,
to exceed In the whole the amount nrOvidcd for in