The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1882-03-10

hau been Completed, and that the new or se
cond agreement was entercdinto 10 oIvatt
misunderstanding and because Of the fac
that circumstances seemed to render il ex
pedent.
This new or supplemental contract con.
tanned nine diff rant subdivisions, all re.
lat'ng to the levees, embellishments and the
undertakings the trustees and the rail-
road company.
The Il tn clause or subdivision, or q por-
'lon OF it, ia in these words:
"All repair work or reconstruction which
may DC necessary after the said levees or
any part thereof shall be ever completed
according to agreement, 10 pr serve and
maintain in good order and condition so
much thereof as is above the natural suffice
OF the ground. shall be,made by and at the
expense of the partyof the second part"
And in the sixth clause Is this languayo
"All repair, work or construction which
may become necessary Tor the preservation
and mAintainance in good order Of the re
| maindrr of the leyee shall be done
and made by, and at the COST of the first
party
These tifth and sixth clauses seem t, be
OF the same tenor and effect rs thu, Of the
81 and 3 clauses Of The original contract;
| that this, that the trustees bound them.
selves 10 protect at their own expense the
SITE or natural ground AMI the railroad
company bound itself to construct ard main
tain, ut its own expense, the levees on the
nature, surface of the ground The one was
10 provide against the natural abration and
wear ofthe rivers, and the other was 10
keep ut The high waters
The 18th clause of the mid new or second
agreement is in this language:
at is further agreed that the levces
herein provided for and agreed 10 nc built
in the said agreement of June llth. nSiD
shall he of sufficient height 70 Exclude the
waters Of the rivers at their highest stages
now known, as provided in said argument
+" ., no, less than sixty feet in width up.
on the top bur to he xsenie Ia the width
OF cigty feet against the ln's of all purchase
ers tn'm the parties Of the first part and
their grantees when thereto requested hy
such purchasers or GRANTEES after the con
struc,ion Of y bank wall upon such lot or
lots to the height of the levec' -"
On the OH day of Much, 1864. certain
deeds were executed by and between the
trustees and the raiIosd company, relating
TO lands in Cairo, bat-N is not necessary to
refer to them at large hcfe.
Subsequent to this TIM. March 10, 1864. |
'he trustees an the railroad company tie
came involved IN li,ig,tion in the United
States circuit court At Springfield, the samc
arising under the agreements Of Ju,s llth, I
1851, aad May 81, 1855.
In settlement nflhnt litigation and con-
royersy two certain deeds aud IN agree. !
ment were mafe by the trustees and rail.
road company dated July IS 1872 BY one |
II the deeds the railroad company conveyed |
back Ia the trustees the rsjltoad strip on
the westerly side of the CITY, and other
lands, ind 10y the other the tn tees convey.
ed to the railroad company certain land or
qr uni abov EilbIrenIh street, md be-
tween Lev"e street and The OHIO river
The agreement just referred 10 msde in
settlement # sid litigation RELEASED the
rdIioad company from all onli.ati ms TO
Keep upor maintain The eyees, exccp, the
cross ieyee or portion thereof
The lan.'u - Of the agreement as 10 tho
reeasc is Ms follows: THAT the agree.
msn's of June / /, 1851, and Nay 81, 1855.
between the trustees Of Ale CAIRO Civ
Property and the Illinois Central railroad
50 far AS the same have not been
lu'iJ tatCu'cu Hthi peIlOI mc'l, HTc UerPDy
abrogared and cancelled except 50 far IA
any Of the provisions thereof aru herein
expressly contnu . 10 force; snd claim.,
demands or causes of action by eitltr
party against the other growing Ou, Of said
contracts are hereby released and dis
charged.
This agreement requires the railroad
company to "maihinin' the cross levce
the ground upon which il is
built having been conveyed by the trustees
to the railroad comp my by deed Of same
dote with the agreement; but for failure to
maintain it the railroad company is not to
be liable to aay damages beyond what may
be necess sry to repair it.
The consideration, or the chief part of It,
FIR the making Of this agreemen. on the
part Of the trustees, seems to have been the