Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-04-18
STATE OF SOUTH CARoL1NA-YoRK COUNTY.

belOre Iuo PRESUMABLY dppeaIou ooiilos Wdsou
who being duly sworn, says: That he is the
Treasurer of the Chester and Lenoir Narrow
Gauge Railroad Company. That the said Com
pany does not own nor control any bonds of the
county of York. That all of the bonds of said
county, received by the said Company, which
were not sold, were transferred, about one yea,
ago, to persons who actually lent cash to the said
Company-say fifteen bonds in cumberland the
remainder, say three hundred and sixty six bonds
were transferred, more than two years ago, to A.
H. Davega and others, who made themselves per.
sonally responsible for the iron now in actual
use for the track OF said railroad and in consider
alton of said liability. JAMES MASON.
Sworn to, this 10th of April, 1878.
G. w. s. HART, Notary Public.
STATE OF SOUTH CARoLINA-CoUNTY OF YORK.
Before me personally appeared j. F. Wallace
T. M. Dobson, James F. Hart, L. NJ. Grist, A.
Coward, H. F. Adickes and James r. Kennedy,
for the firm of Kennedy, Latmer IL Hemphill
who, on oath, say that they became, on the 25tt
day of October 1875, personally liable to the per:
son who furnished the iron to the Chester and
Leaoir Narrow Gauge Railroad Company, which
is now on their road. That they assumed the liza
Jility at the request of the said Company in con-
sideraton of the transfer, for their use, of
bonds of the county of York, and relying upon
the validity of said bonds That their conviction
of the validity of these bonds arose from the be-
thority to issue them, from the result Of the iti-
CATION attending them, and from the action Of the
Legislature concerning them. all of which pre-
ceded the assumption Of their liability.
J. F. WALLACE,
T. NJ. DOBSON,
JAMES F. HART,
l.. NJ. GRIST,
A. COWARD,
II. F. ADICKES,
JAMES R. KENNEDY, !
For the firm of Kennedy, Latimer & Hemphill.
Sworn to and subscribed before me- 18th OF
April, 1878. w. B. NETS, Notary Public.
STATE OF SOUTH CARoLINA-CoUNTY OF YORK
Before me personally appeared j. s. Wilson
and A. H. Davega who, on oath, say that they
personally liable to the persons who furnished
to the Chester and Lenoir Narrow Gauge Rail-
road Company the iron which now is on the road
of said Company. That they assumed this liabil-
ty in consideration Of the transfer to them OF
to their use Of ......"... bonds of the county OF
York, and in reliance upon said bonds. That
they are non-residents Of said county OF York
and that their confidence in the bonds and convlc-
tion of their validity, were based upon the issue
of them by the County Commissioners of said
county, by the result of the litigation upon them
and by the action Of the Legislature concerning
them-all of which preceded the assumption ol
liability by them. J. 8. WILSON,
A. H. DAVEGA.
1878. w. B. NETS, Notary Public.
STATE OF SOUTH CARoL1NA-CoUNTY OF YORK
Before me personally appeared A. H. Davega
who, on oath, says: That he is President OF the
Chester and Lenoir Narrow Gauge Railroad
Company. That as such President, he caused to
be- prepared and to be issued to the county oil
York one thousand shares. in two certificates OF
five hundred shares each, in the stock of his said
Railroad Company, in exchange for one thousand
bonds, of one hundred collars each, Of said coun
ty, and that the said stock is still outstanding in
the name Of said county. A. Il. DAVE EGA.
Sworn to and subscribed before me. April H.
1878. J. F. WALLACE, G. G. Pleas
STATE OF SOUTH CARoL1NA-CoUNTY OF YORK
Personally came before me, h. K. Roberts, iate at
County Commissioner of York county, who be:
ing duly sworn, OH oath, says: That at general
election by the people of York county, held on
the Tuesday after the first Monday in November
in the year 1874, the said H. K Roberts and Frank
Edwards, two Of the board of county commits
sioners who had voted the subscription to the
capital stock of said Chester and Lenoir Narrow
Gauge Railroad Company, were reelected by.
majority of the legal voters of said county, to the
office Of County Commissioners; and that W.
B. Allison, the r. naming member of said former
board, was not candidate for reelection.
H. K. ROBERTS.
Sworn to before me, this 18th day of April
1878. IF. WALLACE, c. G. Pls.
Mr.. Spencer, Representing innocent bond
holders, read the following affidavit:
STATE OF SOUTH CARoLINA-YoRK COUNTY.
Before me personally came II. F. Adickes. J.
F. Wallace, J. R. Gardner, A. P. Campbell, R.
E. Guthrie, J. L. Wilson, Edwin Wilson and j.
A. Deal, and each being by me first duly sworn
says: Deponent admits that he holds certain OF
the bonds of York county, issued by the county
commissioners of said county in aid of the Ches-
ter and Lenoir Railroad Company but AYERS
that he bought the same at the market price, al
the time or times of the purchase, having given
valuable consideration therefor. That the pur-
chase was made in good faith, and after the bonds
were, as deponent was informed and believed
tested in the Circuit and Supreme Courts OF South
Carolina. That deponent was not aware of any
fraud, if any there was, either in the issuing Of
said bonds by the county commissioners, or IN
the obtaining of the judgment of the Courts
which had the question of the validity OF said
bonds before it; nor was deponent in any wise q
party, directly or indirectly, to any improper in
fluences, if any there were, which may have been
brought to bear upon any person or persons, act
ing in private or official capacity, who were in
any wise connected with the said bonds, from the
time of their inception down to the commence,
ment of the suit for injunction in which this af-
tdavt is made. Deponent is, in every sense, AT
innocent holder of said bonds, without any no.
tice of any irregularity or fraud in any manner
whatsoever.
Sworn to and subscribed before me, by H. F.
Adickes j. F. Wallace and J. r. Gardner, this
1lth day of April, 1878. J. +. WALLACE,
CIV. s. HART, J. r. GARDNER,
Notary Public. H. F. ADICKES,
EDWIN WILSON,
j. A. DEAL.
Sworn to by Edwin Wilson and j. A. Deal
before me, this 18th day of April, ls7s.
J. F. WALLACE, G. G. Pleas.
Mr.. Simonton then read the following copy
of the contract between the guarantors and
the Roane Iron Company, of Chattanooga
Tennessee:
Cr. ~ n
Whereas, the Chester and Lenoir Narrow Gauge
Railroad Company, a corporation, duly organized
under and by virtue of the laws of the States
of North Carolina and South Carolina, are about
to enter into negotiations with the Roane Iron
Company, of the City of Chattanooga. in the
hundred and fifty tons Of new first. class iron
rails of the kind known and designated as
"T' rais-the same to weigh not less than thirty
pounds per lineal yard, and to cost not more than
sixty dollars per ton, delivered and loaded TOR
shipment; and Whereas the undersigned are III
terested in, and desirous OF, the speedy compile
ton ofthe Chester and Lenoir Narrow Gauge Rail
road and whereas, we approve OF the proposed
contract, for the purchase of the quantity OF iron
rails for the use and benefit OF the said Railroad
Company, above specified:
Now, know all men by these presents, that we
do hereby bind ourselves, and our and each OF
our executors and administrators, jointly and
severally, firmly by these presents, to the SAID
"Roane Iron Company" to assume and guaran,
tee the payment of the obligation of said Railroad
Company, for the purchase price of the above
specified Quantity OF iron rails, of the quality and
at the price mentioned Provided, That said iron
rails Shall be delivered promptly, according to
contract made and entered into by and between
said Railroad Company and said Roane Iron Com
pany: And, provided juather That payments for
the same shall be as follows, to wit: In two equal
nstallments, payable-the first at twelve months,
and the second at eighteen months, with interest
on each, payable annually, at the rate of ten per
cent. per annum, from the date of the delivery OF
said iron rails And, provided further, That to in
demnfy and save harmless the undersigned. from
all loss and damage accol. mt of this assurance
and guarantee, the said the Chester and Lenoir
Narrow Gauge Railroad Company shall make.
execute and deliver to the undersigned a first