New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-03


| tinued;
Now therefore said parties of tho frat part in con.
sideraon OF the premises aud OF the trust hereinafter
declared and further consideration OF 81 to them paid
by said party of ne second pa the recent OF which "a
se and unto the said party OF the second part
attachment by law, which the parties OF the first part
| various places in ew-Engand and elsewhere
of which other iS sr estate fes sDS sye@
personal Of every name and nature. moi exempt from
attachment by law wherever situate, aud by whatso-
ever munimens Of title evidenced, which any either
of the parties OF the first part have. may he entitled
TO- IN possession or action reyerson or remalndor to
Cether also with all the goods. stock and supplies
ufactured manufactured and in process OF maDufac
ture aud all fixtures machinery tools and other per
! sprague Manufacturing Company may at any time, or
addition 20 those now on hand; but excepting from tins
conveyance all shares OF capital stock I'm any aud every
either of the party OF the first part the 10 be
transferred to sad party OF the second part upon their
curty 20 secure the performance Of tho conditions Of
10 have and TO hold said granted aud barganed prem
ses with all the rights, privileges, and appureuances
thereof unto and to the use Of his the sad party OF the
second part his heirs executors administrators, and
assigns in trust for the intents and purposes and WITH
under and subject 10 the powers aud provios hereafter
contained, but subject nevertheless to tho following
Upon ccndtion that II said parties Of the FIRST part
any OF either of them their heirs executors admin
stratOrs assigns any person them In their
and singular. the debts and liabilities aforesaid which
shall be brought in under these presents and remain
outstanding hereinbsf0re provided and all expenses
and liabilities of every kind incurred in the execution of
the trusts hereinafter created or declared and all the
notes aforesaid that shall be issued by the trustees
aforesaid together with the interest thereon according
70 the teuor thereof then this deed shall be aud become
4 void; otherwise shall remain In force. -
And subject to tho condition aforesaid in trust for said
party OF the second part and other the trustees or
seized and possessed of tho said granted estates and
premises. and until default shall be made In the per
Of or breach shall made of any OF the covenants
agreements hereinafter contained on the part Of SAID
parties OF the part to be Kept or performed or n
sale under the trusts hereinafter declared - until entry
under the power IL thar hshal hsran q. contained TO
hermit and suffer said parties of the first part retain
| the possession and use of said granted premises:
PTorided, and 1t shall be lawful Tor said trustees
line before such default s. beach, and with or without
previous entry, in then his discretion, to sell at pub
lie or private SALE any part parts of sand granted
estates and property and TO execute and deliver such
deed deeds a. may be necessary or proper TO vest
he pure purchasers thereof absolute aud IN
defeasbe estate in fee simple therein and to stand seized
OF all the purchase moneys to arise ana received there
FROM for the uses and purposes hereinafter declared
Ana proc.ded further That said trustees trustee
tme before default or breach as we'll as after enter
upon said granted estates and property or any part or
parts thereof aud tako and assume the full aud absO-
lutte and control OF the sane, AMI IN their or
hs discretion 10 continue TO run and operate or to close
the mills or priut works of SAID Manufacturing Com
pany or any either of them said trustees or rls-
for time being shall deem for the best Interests
AHd tro5i9e also and IT ia hereby further declared
notes hereby secured or any or either ot mem or or he
sem-annua interest due thereon, or breach shall be
made Of either of the covenants or agreements heien
contained on the part Of said parties, to be faithfully
kept and performed and such default or breach shall
continue The space u 60 days then IN such case the
"a trustees or trustee hereunder for the time being m
Their or ms dsSgdH Es NM H4S ET So51 Of b Soes
then issued and outstanding Under these presents sald
trustees trustee for the time being shall from time TO
said sell either together in parcels the estates and
property aforesaid or any part or parts Thereof AZ pup
BEST first giving. case OF any auction sale Under TINS
by advert at least twice week for four success
sye weeks In some public newspaper printed III sara
Providence such other notice rs they or he may
deem advisable aud upon sale thereof 70 execute aud
deliver such deed or deeds D. may DC necessary OF
AN absolute and ndcessibc estate in fee simple therein.
And it hereby declared that said trustees or trustee
ICr sne n ise and recs1ed from sales Otherwise
nndcr any of these presents 10 apply and
ITi. 10 the pay men OF al expenses incident TO such
sale or sales and OF all insurance moneys taxes, ana
other charges any, paid OF incurred ny them IN re-
spect of sad trust estates. together with feas0nabc
compensation TO said TRUSTEES or trustee for the time
counsel aud all other charges and liabilities pad or
incurred by them either Ia carrying on the business or
in the execution Ot any other Of the trusts hereby
created.
And secondly. the residue of all moneys received by
them under OF the trusts OF TINS INSTRUMENT IRON
time t. time to apply and appropriate IateaDy 10 ihc
payment Of the principal and interest on an me deos
and liabilities aforesaid Oi said parties OF the first part
which shall be brought III under these presents ana re-
main
shall he issued by said trustees, and be outstanding
under and secured by these presents ana although by
coUntina 60 said parties OF first part respectively,
their heirs executors, admnisaorso assigns Tor any
surplus If any that may remain a'ei '"e Jun pa! o"'
IL l. further declared that no purchaser under
any or ehe OF the foregoing trns- shall 10 under any
obligation TO inquire into the necessity OF regularly OF
any sale thereunder nor 70 sec 10 the 3 any
Of The purchase moneys thereof bit that the receipt or
the trustees trustee for the timo Doing 10 sch puf
chaser or purchasers fer such purchase moneys snail DO
therefor Ana if al any time said Nrustees or
any trustee to be appointed under these
Of beng discharged from tho trusts aforc
SAID shall be lawful for them or hlm 90 TO do ana in
appointed under these presents SHAH die or become inca
paOe OF acting IA said trusts snI Dc aW r h nc mS e
being BY any wIitlng or Writings uhuer thelf OF MS
n ne tTusess FOR the tine being shall resign together
then for Court OF tho state OF RhOde Island
itpS in EQUITY to appoint any oher person persons
or them dying, resiRniDg or becoming incapable OF
acting as aforesaid aud theIeupon aud az often as any
estates ana property then held under the trusts
conveyed assigned, aud transferred as to vest the
same the surviving VI trustees OF trustee
Continuing trustee then in such new trustees or trustee
only their his heiIs executors. administrators and
assigns 10 the same uses ana pol tne same ,ius as aIr
herein declared concerning the same. Ana every new
trustee under these presents No appointed or otherwise
duly appointed by any court OF competent luriSdic
| dciiOn may Immediately exercise any power or as
|
orgnay trustee herein aud although the trust
esate be not then vested in HIM And no trustee under
those presents shall be answerabe or accountable for
anv loss nch may happen 20 said trust estate or prop
ery rnss the same shall happen by lilo own neglect VI
/ default.
And the said parties OF the first part for themselves
aud for their respective heirs executors administrators
aud assigns hereby covenant with the SAID party or
the ..cond part heirs executors. administrators and
assigns. at ans from time TO time during the
continuance OF this security TO execute ana denver 10
lie uartes the second part or Other the trustees or
trustee under these presents Tor the time bengY or 10
any under any or the foregoing trusts such
furter conyeyances assurances OF the estates or
nroperty hereby conveyed or intended 10 pe
/ ln,n,1r Cd or any pArt parts lheICOf as sald