The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1879-01-02
SOUTHERN RAILWAY.
Conditions for An Extension of
Time.

A full meeting of the Board of Trus ees of
the Southern Railroad was held yesterday.
Engineer BuScaren made report in re-
gard 10 the time needed for the completion
of the road under the Huston & Co. con-
tract lie was of the opinion that the road
could be finished in three hundred and
three days.
The following paper was unanimously
adopted:
ordered, that if Messrs r. G. Huston &
Co. and their sureties will execute and
present within ten days. an agreement i'll
the following form, to-wit:
Memorandum of agreement between
the Trustees of the Cincinnati Southern
Railway of the one part and Richmond @.
Huston, Thomas O'Conner, and John B.
Nicely, partners as R. G. Huston & Co.. and
Joseph Kinsey, Simon S. Davis, VIM. Tor
renee and Joseph c. Vance of the other
part.
Whereas; The said r. G. Huston G. Co.
entered into an agreement, dated on the
26 h day of August A. D. 1878, with the
said Trustees of the Cincinnati Southern
Railway, for such work as might be re-
uuired to complete the Cincinnati Southern
Railway between Somerset, Kentucky and
Bovce's Station, Tennetsee, according to the
stipulations of said agreement; and
"Whereas, Said Joseph Kinsey, Simon S.
Davis, VIM Morrow and Joseph c. Vance
are sureties for said X. G. Huston q Co., in
bond of even date with said agreement,
in he penal sum of $l77,2O0, conditioned
as follows:
"The condition of the above obligation is
such that, whereas the said r. G. Huston &
Co. have signed a contract of even date
herewith for the completion of the Cincn-
pa,lrpol from Spn,arsat
Ky., to Boyce's Station, Tenn, under and
in pursuance of the act of the General AS
sembly of the State of Ohio passed on the
18th day of May in the year of our Lord
1878. Now, if the said R. q. Huston & Co
shall we'll and faithfully perform all the
stipulations in said contract to be per
formed by them, and shall complete sale
work in accordance Herewith, then thi.
obligation to be void, otherwise to remain
in full force and effect: and,
"Whereas Said r. G. Huston & Co., a.
contractors, and the said Joseph Kinsey
J Simon s. Davis Wm Morrow and JOSEPH
C. Vance, as sureies, desire and have re
auested the said Trustees of the Cincinnati
Southern Railway, to extend the time fixet
in said agreement for the completion o
said work. and,
, Whereas, Said Trustees, at the instanc
and request aforesaid of said contracto or ant
!. sureties, are willing to extend said tim
upon the terms herein stated.
: Now, this agreement witnesseth that
q is agreed between the parties aforesaid a
!. follows:
n "First-That so much of said agreemen
y dated August 26th, A. D. 1878, as reads 9
v follows:
provided. That if the delay in finishin
I as aforesaid shall be caused by the inabilit
. , of said r. G. Huston Il Co. to sell or othe
wise dispose of the bonds that may be take
by them in payment under this contract {
hereinafter provided, then tie period ,
time covered by the delay so caused sha
be added to the time herein fixed for u
n completion of said work and the liquidate
damages of 81, 900 for each days delay sha
:. be due only for each day after the expir
II ton of the time for completion so extern
he ed, be and the same is hereby abrogated ar
E. annulled, and said agreement is to be rea
ts and held binding on the parties theret
n and the sureties aforesaid, as if the said pr
a. yiso 80 far as above recited had never be-
1e inserted in said agreement.
Id ''Sc Sccondly-That the said Trustees herel
he grant to said R. G. Huston & Co., as an G
&c tension of the time within which they a
sn to complete the said work, until the 10
e day of December, A. d. 1879, from viii
he date the liquidated damages of one the
sand dollars for each days delay shall
". due, and said agreement shall be reao as