Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-03-06

and to the satisfaction or the secono
party so far as herein contemplated.
"Seventh-If the tax as aforesaid
shall exceed the sum of $4,000. the first
party. agrees to permit the second party
to apply the sum equivalent to such ex-
cess towards the purchase of ground
necessary for the shops and buildings
aforesaid till such ground is paid FOR
and the remainder to be paid to the
first party, If any remainder there DE-
"Eighth-If the first party shall neg
lect to proceed with the erection OF SAID
shops and buildings as contemplated
before any money is paid over (raised
by the tax), then the tax SO far as col
lected shall, on the general order of the
second party, be refunded TO the TAX
payers, and the unsolicited tax be can
celled upon the treasurer's books.
"Ninth-The first party binds Itself
that ii within 100 years it shall remove
the permanent location of it's shops
from Marshaltown, or shall fall to con-
struct the same as herein agreed then
it will forfeit the sum of two hundred
thousand ($200.000.00) dollars to the
citizens of said township, from which
amount those persons donating grounds
or money to procure the grounds shall
first be reimbursed, the sum as so paid
by them Cover and above their tax
with interest, and the remainder shall
fairly be divided by the trustees of said
township among the several districts
and sub districts of the township In
proportion to the amount of tax paid by
each, and shall be devoted to the school
and school house purposes as the board
of directors of the districts and inde-
pendent districts may direct.
in witness whereof the parties here
to have signed and executed this con-
tract in triplicate, each party to have
and retain one copy, and the third to
be filed in the office of the county
auditor at Marshalltown, Iowa, for
public inspection and reference this
5th day of May, A. d. 1871.
Signed: The Central Railway Com
pany of Iowa, by order of the Board
of directors of said company.
First party-C. c. Gilman, presi-
dent.
II. d. Hartwell, VIM. Johnson, o. B.
Barrows, second party, township trus-
tees Marshall township, Marshall
county, Iowa.
1T is further agreed to and by the
said Central Railroad Company of
Iowa, and by c. c. Gilman, president
that the time mentioned herein, as a
limitation to the execution in full of
this contract shall, If desired by the
second party, be extended to July 1.
1871, provided that by each extension
the levy and collection of said tax
shall not be postponed to the year 1872.
Signed May 9th, 1871.
&c. C. GILMAN,
pres. G. r. r. Co. of Iowa.
I'm behalf of the first party and as
its lawfully authorized agent, / hereby
acknowledge the full performance on
the first part of the second party of
so much of this contract as pertains
to the vote and guarantee of the tax
July 90, 1871.
'F. w. IT. Sheffield,
Agent c. r. r. Co. of Iowa.
State of Iowa, Marshall county
In explanation of the understanding of
the parties to the foregoing contract
1T is agreed anything to the contrary
therein Notwithstanding that the shops
therein mentioned include and are in
tended to include the principal shops
for the repair and manufacture of the
cars of the company, party of the first
part. il manufactured or repaired by
first party. 1t is especially understood
that the treasurer of Marshall county
is authorized to pay over to the com
mittee, John Turner, ID. T. Smith and
F. Willigrod, in trust for the benefit
of these persons, purchasing and do
mating to the purchase of the forty
acres all surplus of the forty-five (45)
thousand dollars until said parties are
fully reimbursed for any amount so
donated. Any remainder shall be paid
to the party of the first part. 1t is
further understood that in considera-
ton of the covenants and conditions
contained in the conveyance of the
forty acres of ground and one dollar
in hand paid, the second party releases
and forever valves and relinquishes
all claim and demand in and to the two
hundred thousand dollars penalty pro-
vided in the ninth (9th) clause of the
contract, and the same is hereby de-
clared null and void
Witness our hands in behalf of our
respective principals this oath day of
August. 1871.
by C. C. GILMAN, Pres
"WM. JOHONSTON, o. B. BAR
ROWS, H. d. HARTWELL. Trustees
Marshall township, Marshall county,
state of Iowa"
State of Iowa, Marshall county, SIS.
Marshalltown, Ia. March 6. 1902. I,
Anna Packer recorder of Marshall
county. Ia, do hereby certify that the
foregoing copy of deed from John
Turner, Delano T. Smith and e. Will
grod and wives to Central Railroad
Company of Iowa. dated the 18th day
of October, 1871, and recorded in book
sc, page 592, as a true and literal ex-
emplifcation from the records in this
office.
witness my hand. the date above
written. ANNA PACKER,
Recorder for Marshall County,
Night Was Her Terror.
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all other medicines failed, three 81 bot
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~ MI