The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-05-02

The following is the agreement be-
tween the new company who propose to
take charge of the P. w. & K. R. r. and
the Board of Commissioners of Ohio
county, as passed yesterday:
"This agreement, made this - day
OF -, 1876, between the Board ofCom-
missioners of Ohio county, West Virginia,
ia behalf of said county, of the first part
-, Henry K. List. JohL Mcclure and
Chester d. Hubbard, for themselves and
such others as may be associated with
them, of the second part, and
james N. Ewing, j. B. Sheppard
and j. w. Shultz, ofthe third part.
Witnesseth, that, whereas the said par
ties Of the second part, propose by sub.
script.on of additional sums to the capi
tai stock of the Pittsburgh, Wheeling q
Kentucky Railroad Company, or by pur-
chase of bonds to be issued by said COM
pany, or by both those methods, or 9th
erwise, to furnish the means of complet-
ing and putting into operation the road
OF said company, now
Therefore. 7. The said party of the
first part hereby. transfers to said party
of the third part all the stock of said
party of the first part in the Pittsburgh,
Wheeling and Kentucky Railroad Com
pany, and herewith delivers to said par
ties of the third part the certificates is
sued for said stock, and hereby constitutes
the Secretary of said company the law
fn attorney of the said party of the
first part to transfer the said
stock upon the books OF
said company, said stock to be
held by said parties of the third part upon
the trus', that they or any two of them,
or the survivor Of them, should there be
but ono surviving, shall hold the same
and vote it at all the meetings OF the said
company until the completion Of the road,
which shall be considered as COM
pleted when train of cars shall run
over it from Wheeling to the Pitts
burgh, Cincinnati and St. Louis Rail-
way, east of the east end of the Steu.
benville bridge, and shall upon such
completion transfer the said stock to
and among the said parties of the second
part in proportion to the values and
amounts advanced by them for the pur-
pose Aforesaid, which amounts and values
shall be ascertained by the certificate Of
the President of the said Pittsburgh,
Wheeling and Kentucky Railroad Com
pany; Provided, That unless work shall
be commenced within six months and
completed as aforesaid, within eighteen
months from the date hereof, such trans
fer shall not be made TO said parties OF
the secoud part, but said parties OF the
third part, or the majority, or sole survi
vors of them shall transfer said stock to
said party of the first part.
IL. Said party Of the first part agrees
and binds himself to transfer to said par
ties of the second part upon the compile
ton of said road as aforesaid the debts,
liens and claims, against the Pittsburgh,
Wheeling & Kentucky Railroad Com
pany, or its road or property, which have
been heretofore purchased. and are now
held by the said parties of the first part,
or which may hereafter be pur-
chased or held by it, such debts,
liens and claims to be trans
ierred in the same proportions as the
stock hereinbefore mentioned. But said
parties of the second part shall not hold
the said debts, claims and liens as such,
il the said Pittsburgh, Wheeling & Ken
lucky Railroad Company shall oier in
payment thereof stock of the said coma
pany al par to an equal amount, but
shall receive such stock and thereupon
cancel and discharge such debts, liens
and claims.
Ill. Said party Of the first part agrees
and binds itself to pay and satisfy The
same proportion of any judgments
which NJ. Green & Co., and A. Yoke
may finally recover agairs. said COM
pany, as it has heretofore assumed, and
paid of other Indebtedness Of the COM
pany, so that the said parties of the sec
oHd part and their associates IN furnish
ing means for the completion of said
road, may be freed from the former liens
upon said road, and from all prior in
debtedness Of the Pittsburgh, Wheeling
and Kentucky Railroad Company"