The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-12-17

10Y oil the rights, powers and authority
aforesaid. and, all other lawful powers and
privileges which cantor may be lawfully
exercised and enjoyed on Or about the
said detnised railroad and property, rs e1'
Lelusiyely, fully, amply and entirely as the
same might or could have been used, ex-
ercised and enjoyed by the said party Of
the first part had this lease and contract
not have been made, and as exclusively,
fully, amply and entirely as said party Of
the first paft have authority by law Ia
grant the same. Z = Eg.. HEi. lLa-
y And In consideration Of said leasing,
said party OF the second part hereby
agrees and binds itself, It's successors and
assigns, as follows, viz 90
y, That II will at all times during the
hereby demised term, work, use, manage,
maintain, operate and keep In public use
the railroad OF the first paft, with its up.
purtenances between the points OF tetmi.
nus named, and all such locomotives, cars
and rolling stock owned and TO be owned,
controlled or used by It. the party Of
the second part, as shall In i. It's judg.
.ment reasonably be required for and
properly adapted 10 promptly and
fully accommodate the business hereof,
aud shall and will collect and receive all
Of the said tolls, freight charges and dues
which ahall accrue as Aforesaid, and ap.
ply and appropriate the same In the way
and manner following, TO witt. 5,. la,
First. 10 the payment oi the annual
cost OF repairing, maintaining and perpet-
uatiDg for public use the railroad and
property and all the expenses ofHorklng,
using, managing, maintaining and oper-
ating and running the same, including
eight per icentum per annnm. upon the
COST oil equipment, and the usual charge
lor car service for cars actually used and
employed thereon compromising for
transient cars not 10 exceed the current
rate between companies interchanging;
GarsO and all tolls, taxes, or assessments
now or hereafter 70 be levied or assessed
by the laws Of the United States or Of the
State Of West Virginia upon the traffic
passing over said road, and the property
Of the said party Of the first part acquired
or 10 be acquired by the party Of the sec.
old part by and under said lease. II being
distinctly understood that all better
ments and additions to- said rail-
road and property made from time
70 time by the said party Of the
second part as In Its judgment the same
shall be necessary. for the prompt and
economical movement Of the traffic on
and over said road, shall be paid for
said party OF the secondpartby aaid party
Of the first part In the preferred stock,
such as Is hereinbeiore named, at par,
and entitled toreceive dividends 81 The
rate of seven per centfm per annums This
provision being made 10 meet the require.
menis Of the traffic Of the road Of said
party Of the first part from time to time
beyond what may be needed at the time
Of It's opening.
Second. To the payment TO the hold
ers Of preferred stock Of dividends, or in
terest at the rate Of seven per centutn
per annum On thepar value Of saidistock.
! Third. To the payment out Of net earn.
ings If any surplus remain alter making
the foregoing payments, TO the holders OF
tho common stock at q dividend thereon
pro rata and in case q sufficient surplus
remains 10 paya dividend to- holders OF
common stock at the rate'of seven per
centum per annum, and surplus still re.
main, such surplus shall belong and be
paid TO the holders Of common and pre-
ierred stock alike pro rata. 1t is, how
ever, hereby expressly agreed and un.
derstood, that the contract shall
not take effect, nor shall any Of
Of It's covenants become ot binding obi
CATION nntil ihe said party Of Abe first
part shan have obtained the necessary
legislation of the State Of West Virginia,
the making Of the said con-
tract, fully authorizing and empowering
said party OF the second part TO take and
hold and enjoy preferred stock as here
inbeiore provided; and fully authorizing
and empowering also said party of the
frat rart to lease, and said party Of the
second part 10 hold by lease, manage,
operate and take the tolls and profits Of
said railroad bas rheTeinbelore provided
Audin case such OSCILLATION Is not pro
cured so as 10 legalize this said contract
and all the terms thereof, then the same
shall not go into effect but shall be utter
ly void.
: In witpess thereof each OF the said. par
Tics tothese presents has caused 10 cor
porate seal 10 be hereuAto affixed, and the
same to DO attested by the signatures Of
itsl President and Secretary the day and
year frat above written.
: Signed, sealed and delivered in the
The Pittsburgh, Wheeling s Kentucky
Railroad Company, by
Z. LEWIS iAPPLKdATE, Prest.
hitsst, {; CdBRAH MEiypKL Hseyi I s:
TG9 Pasbufgh, Cincinnati q 81 I@ais
Railway Company, by
TnoMAs A. Scorr, Pres't
Attest, VIII. BARNES, Secy. ''.' IT,