ihrt
1
Louisville, Evansville & St. Louis
Consolidated Railroad Company,
FIRST CONSOLIDATED MORTGAGE.
THIS INDENTURE, made and entered into this First day of Julyi
A. D. one thousand eight hundred and eighty-nine, by and between the
LOUISVILLE, EVANSVILLE & ST. LOUIS CONSOLIDATED
RAILROAD COMPANY, a corporation duly organized and estab¬
lished under, and by virtue of the laws of the States of Indiana and
Illinois, party of the first part, and the NEW YORK SECURITY
AND TRUST COMPANY, of the city, county and State of New
York, and Josephus Collett, of the city of Terre Haute, county of
Vigo, and State of Indiana, parties of the second part, as Trustees,
for the uses and purposes hereinafter set forth ;
WITNESSETH, THAT WHEREAS, on theaistdayof May,
1889, the Louisville, Evansville & St. Louis Railroad Company, a cor¬
poration organized and existing under the laws of the States of Illinois
and Indiana, was the owner of, and operating a railroad from the city of
New Albany, in the State of Indiana, to the city of Mt. Vernon in the
State of Illinois, running from the county of Floyd into and through the
counties of Harrison, Crawford, Dubois, Pike and Gibson, in the State
of Indiana, to a point upon the Wabash river, between the States of
Indiana and Illinois, and thence, by way of a bridge, over said,Wabash
river, in and through the counties of Wabash, Edwards and Wayne,
and into the county of Jefferson, in the State of Illinois ; also a branch
thereof from Jasper, Dubois county, Indiana, running thence through
the counties of Spencer and Warrick, to the city of Evansville, Vander¬
burgh county, Indiana : also, a branch from said last named line, start¬
ing at Gentryville, Indiana, and terminating at Rockport, Indiana, in the
county of Spencer.
AND, WHEREAS, the Huntingburgh, Tell City & Cannelton
Railroad Company was, at said last named date, a railroad corporation,
organized and existing under the laws of the State of Indiana, owming a
railroad, connecting with said branch railroad of said Louisville, Evans¬
ville & St. Louis Railroad Company, in the county of Spencer, and
extending thence southeasterly into the county of Perry, to the cities of
Tell City and Cannelton,
AND, WHEREAS, the Illinois & St. Louis Railroad and Coal
Company was at said last named date, a railroad corporation, organized
and existing under the laws of the State of Illinois, owning and operat-
2
ing a railroad from the city of Belleville, in the State of Illinois, to a
point on the Mississippi river opposite the city of St. Louis, in the State
of Missouri,
AND, WHEREAS, on said last named date, the Venice &
Carondelet Railw^ay Company w^as a corporation organized and existing
under the laws of the State of Illinois, owning a railroad in the counties
of St. Clair and Madison, in the State of Illinois, extending from
Venice, in said county of Madison to East Carondelet, in said county
of St. Clair,
AND, WHEREAS, on said last named date, the Belleville, Cen-
tralia & Eastern Railroad Company, was a corporation, organized and
existing under the laws of the State of Illinois for the purpose of con¬
structing and operating a line of railroad from a point, at, or west of
Wayne City, in said State of Illinois, on the line of said Louisville,
Evansville & St. Louis Railroad, and extending through the counties of
Marion, Jefferson and Clinton, and into the county of St. Clair, in the
State of Illinois, to a point, at or near said city of Belleville, to a con¬
nection with the main line of the railroad of said Illinois & St. Louis
Railroad and Coal Company,
AND, WHEREAS, on said last named date, all of said several
corporations, by an agreement and articles of consolidation, duly entered
into, under and according to the laws of the States of Indiana and
Illinois, respectively, became united and consolidated into one corpora¬
tion, under the name of the party of the first part, and by virtue
thereof, said party of the first part became seized and possessed of
all the property, rights, interests and franchises of each of said constitu¬
ent corporations, as fully, and in the same manner, as the same had been
held as aforesaid, respectively, by each thereof,
AND, WHEREAS, said party of the first part, has the corpor¬
ate power and authority to borrow money for the purpose of funding its
indebtedness, paying for constructing, completing, improving and main¬
taining its said line of railroad, and to issue bonds therefor, as well as
for the purpose of exchanging the same for bonds now outstanding
secured by mortgage upon any of the property of the said constituent
companies, contemplated by said agreement and in said articles of con¬
solidation, and for the purpose of securing payment of the same, to exe¬
cute mortgages or deeds of trust upon the whole or any part of the
property and franchises of said Company,
AND, WHEREAS, said Railroad Company being so authorized,
has determined to make and execute these presents, and issue the First
Consolidated Mortgage Bonds of said Railroad Company, to the amount
3
of eight million ($8,000,000) dollars, and of the tenor hereinafter speci¬
fied, and to secure the same by a first mortgage on the property of said
Consolidated Company hereinafter described, to the parties of the
second part ; Said bonds to be numbered from one to eight thousand,
inclusive, each being for the sum of one thousand dollars, and to stand
equally and ratably secured hereby, without any preferences whatever
arising from the time of issue, or otherwise, each of said bonds to be
duly executed, by and under the seal of the party of the first part,
signed and attested by its President and Secretary, and the interest
coupons to be authenticated by or with the name of its vSecretary, and
upon each of said bonds being so signed, sealed, executed and authenti¬
cated, they are to be countersigned or certified by the New York
Security and Trust Company, one of the said Trustees, which counter¬
signing or certifying shall be conclusive, and the only sufficient proof,
that the said bond is secured by this INDENTURE ; each of which
bonds is substantially in the following form :
UNITED STATES OF AMERICA.
No No
States of Indiana and Illinois.
LOUISVILLE, EVANSVILLE & ST. LOUIS CON¬
SOLIDATED RAILROAD COMPANY.
first consolidated mortgage bond.
SI,000,GO.
The LOUISVILLE, EVANSVILLE & ST. LOUIS CONSOLI¬
DATED RAILROAD COMPANY acknowledges itself indebted
unto the NEW YORK SECURITY AND TRUST COMPANY, or
bearer, in the sum of One Thousand Dollars, which it promises to pay
to the bearer hereof, on the first day of July, 1939, at the office or
agency of the Railroad Company, in the City of New York, in the
Gold Coin of the United States of America, of or equivalent to the
present standard of weight and fineness, free from all United States
taxes, with interest thereon, from the first day of July, 1889, at the rate
of five per centum per annum, payable semi-annually, in like Gold Coin,
free from the said taxes, at the office or agency of said Company, in the
city of New Yoi'k, on the first days of January and July, in each year,
on the presentation and surrender of the annexed coupons, as they sever¬
ally mature.
In case of default in the payment of the principal, or any of the
said interest, in accordance with the tenor hereof, the said principal and
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interest may become collectible in the the manner, to the extent, and
with the effect specified and set forth in the deed of trust or mortgage
hereinafter mentioned. This bond is one of a series of eight thousand,
of like tenor, amount and date, amounting in the aggregate to eight
million dollars, and numbered from one to eight thousand consecutively;
the payment of the whole series of bonds, with the interest thereon,
being equally secured by a certain deed of trust or mortgage, bearing
even date herewith, conveying the property, equipment and franchises
of the company, more particularly therein described, unto the NEW
YORK SECURITY AND TRUST COMPANY, and Josephus
CoLLETT, as Trustees, to which reference is hereby made, for the terms
and conditions upon which this bond is issued, and for the rights and
remedies of the holder hereof.
This bond shall pass by delivery, or by transfer on the books of the
Company, at its agency in the city of New York. After a registration
of ownership certified hereon by the Transfer Agent of the Company,
no transfer shall be valid, except upon the books of the Transfer Agency?
unless the last transfer be to bearer, which shall restore its transferability
by delivery. But this bond shall continue, subject to successive regis¬
trations and transfers, to bearer as aforesaid, at the option of each holder,
but no such registration or transfer shall affect the negotiability of the
coupons, by delivery merely.
This bond shall not become obligatory, until it shall have been
authenticated by the certificate of the NEW YORK SECURITY
AND TRUST COMPANY, Trustee, endorsed hereon.
IN WITNESS WHEREOF, The LOUISVILLE, EVANS-
VILLE & ST. LOUIS CONSOLIDATED RAILROAD COM¬
PANY, has caused its corporate seal to be hereto affixed, and the same
to be signed by its President, and attested by its Secretary, this first day
of July, A, D. i8S^.
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LOUISVILLE, EVANSVILLE & ST. LOUIS CONSOLIDATED
RAILROAD COMPANY.
By
President.
Attest :
Secretary.
$25 COUPON No $25
The LOUISVILLE, EVANSVILLE & ST. LOUIS CONSOLI¬
DATED RAILROAD COMPANY will pay the bearer hereof, on the
first day of twenty-five dollars in gold
coin, at its agency in the city of New York, being six months' interest
on its Bond No
W, J. Lewis,
Secretai'y.
(TRUSTEES CERTIFICATE.)
ß
The NEW YORK SECURITY & TRUST COMPANY, hereby
'Certifies, that this bond is one of the series issued under the within men¬
tioned mortgage or deed of trust, which has been duly executed and
acknowledged.
NEW YORK SECURITY & TRUST COMPANY.
By - - — -
President.
NOW, THEREFORE, THIS INDENTURE FURTHER
WITNESSETH ; that said party of the first part, in consideration
■of the premises and of one dollar to it in hand paid, the receipt whereof
is hereby acknowledged, in order to secure the payment of the principal
and interest of the bonds aforesaid, as the same shall become payable
according to their tenor, has granted, bargained, sold, transferred,
assigned, set over, aliened, enfeoffed, released, conveyed and confirmed,
and by these presents does grant, bargain, sell, transfer, assign, set over,
alien, enfeoff, convey and confirm unto the NEW YORK SECURITY
& TRUST COMPANY of New York, and to Josephus Collett,
the parties of the second part, as trustees, and to their successors in
the trust hereby created.
All and singular, its line of railroad aforesaid, beginning at
a point, at or near the Ohio river, opposite the city of Louisville, Ken-
6
tucky, and in the city or New Albany, in the county of Floyd, State
of Indiana, and running thence westerly, in and through the counties
of Floyd, Harrison, Crawford, Dubois, Perry, Spencer, Pike, Warrick,
Vanderburgh and Gibson in the State of Indiana, to a point upon the
Wabash river between the States of Indiana and Illinois, and thence by
way of a bridge over the Wabash river, erected under due authority
of law, into and through the counties of Wabash, Edwards, Wayne
Jeffei'son, Marion, Clinton, St. Clair, and Madison, in the State of
Illinois, to a point' on the Mississippi river opposite the city of St.
Louis, in the State of Missouri.
And also all the lands, real estate, easements, rights of way, tracks,
side-tracks, bridges, viaducts, buildings, depots, station houses, car
houses, engine houses, shops, warehouses, turn-tables, water stations,
fences, structures, erections, fixtures and appurtenances, and all other
things of whatever kind thereunto belonging, or in any wise appertain¬
ing, or which have been or may be acquired or provided for use upon
or in connection with the said railroad ; and all lands acquii*ed or de¬
signed for yards, depots, warehouses, and other structures at either
terminus, as well as along the line of said railroad; and also all the
locomotives, engines, cars and other rolling stock, equipment, machinery,
instruments, tools implements, materials, furniture and other chattels
now or hereafter belonging to, or appertaining thereto ; and all property,
both real and personal of every kind, and description, which shall here¬
after be acquired for us upon said railroad; and all the corporate rights,
privileges, franchises and immunities, and all the things in action, con¬
tracts, claims, and demands of the said party of the first part,
whether now owned or hereafter acquired in connection with or relating
to the said railroad.
Together with all rails, fences, bridges, sidings, engine houses,
machine shops and erections in any way now or hereafter at any time
pertaining unto said described line of railroad, and all branches thereof
now existing.
Together, with all and singular the tenements and appurtenances
thereunto belonging, and the reversions, remainders, tolls, income,
rents, issues and profits thereof : and also all the estate, right, title, and
interest whatsoever at law, as well as in equity, of the said party of the
first part of, in and to the same. Embracing in the above described
property, all the pi*operty aforesaid, held or owned by each and all of said
constituent companies. And the party of the first part hereby ex¬
pressly waives and releases all benefit of any and all stay, appraisal
and exemption laws now or hereafter in force.
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It is not intended to embrace in the railroad, property and fran¬
chises herein discribed, and hereby mortgaged, any branch railroad, or
branches, extension or extensions, of said consolidated railroad which
may hereafter be constructed, or acquired.
TO HAVE AND TO HOLD the above-described premises,
property, rights, franchises and appurtenances, subject to the exceptions
and exemptions herebefore declared, unto the said party of the second
part, Trustees, and their successors and assigns foi*ever.
IN TRUST, NEVERTHELESS, for the equal fro rata benefit
and security of all and every, the persons or corporations who may be,
or become, holders of any of the bonds or coupons issued hereunder,
without any preference or priority of any one bond or coupon over
another, and for the uses and purposes herein declared and expressed.
PROVIDED, NEVERTHELESS, and these presents are upon
the express condition, that if the said company shall well and truly pay
the principal and interest of all the said bonds issued under the pro¬
visions of this indenture, according to the true intent and meaning of
these presents, then this indenture, and the estate hereby granted, shall
cease and determine ; and all the right, title and interest in and to any
and all estate and property, hereby conveyed to the said parties of the
second part, not then disposed of under the powers herein conferred,
shall revert to and vest in the said party of the first part.
And this indenture further witnesseth, that these presents and the
bonds hereby secured are made, executed, issued and delivered upon
the terms and agreements following, that is to say:
ARTICLE L
Until default, upon demand, shall be made in the principal or
interest of the said bonds, or some of them, and until any such default
shall have continued for a period of six months, the said party of the
first part shall be suffered and permitted to posses, manage, operate
and enjoy the said hereinbefore-described franchises, property and rail¬
road, and every part thereof, with any equipments thereof, and the ap¬
purtenances thereunto belonging, and to take and use the tolls, income,
rents, issues and profits thereof, in the same manner and with the same
effect as if this deed had not been made, and said party of the first
part, while in the possession of said premises, may from time to time
sell or exchange, with the consent in writing of said Trustees, any articles
of personal property which may have become unfit for use and receive
the proceeds thereof, provided that the same are held and again re¬
invested for the benefit of this trust, and in general do all acts and
8
things necessary and proper to the prudent and business-like manage¬
ment of the said railroad, in as full and unrestricted a manner as if this
mortgage had not been made.
Said Railroad Company may sell and convey any real estate not
needed for the operation of its road upon the written consent and release
of said Trustees, and shall apply the proceeds of such sales to the use of
said party of the provided that said Trustees, if they shall so
elect, may require such proceeds to be reinvested in real or personal
property ; the said newly acquired real or personal property to be held
under this mortgage for the benefit of the holders of the bonds and
coupons hereby secured.
ARTICLE II.
In case the said party of the first part shall fail to pay, upon
actual demand therefor made upon the party of the first part, the
principal, or any part thereof, of any bonds secured or intended to be
secured hereby, or any of the interest thereon, at any time when or where
such principal or interest may become due and payable according to the
terms of such bonds and coupons, and such default shall continue for
six months thereafter, then, and in such case, all of said bonds, both
principal and interest, shall become due and payable, and it shall be
lawful for the parties of the second part, upon the written request of
not less than one-half of the then outstanding bonds of the issue hereby
secured, to enter into and take possession of all and singular the railroad,
premises and property hereby conveyed, or intended to be conveyed,
which shall be immediately surrendered by said pai'ty of the first part,
which said party of the first part hereby expressly covenants to do,
to said party of the second part or their successors in said trust, or
their agent or agents, duly authorized, upon demand therefor ; and as
the attorney in fact, or agent of said first party, said second parties
shall, and may by their officers or agents duly constituted, have, use,
operate and enjoy the same to as full an extent as said party of the
first part might legally do, making from time to time all needful
repairs, alterations and additions, and apply the net proceeds thereof to
the payment, fro rata^ of the principal and interest of all such bonds
remaining unpaid.
ARTICLE III.
In case default shall be made in the payment of any interest upon
any of said bonds, or of the principal thereof, as aforesaid, and shall con¬
tinue for six months after actual demand made for the payment as
9
aforesaid, it shail be lawful for said Trustees, the said parties of the
second part, 01" their successor or successors in this trust, after entry
as aforesaid, or other entry, or without entry, by their attorney or attor¬
neys, agent or agents, to sell and dispose of all and singular the said
railroad and appurtenances, property and premises, rights, interests and
franchises hereby conveyed or mortgaged, or intended so to be, at public
auction to the highest bidder, at such time and place in the City of New
Albany, in the State of Indiana, as they may designate, having first
given public notice of such sale by advertisement, published not less
than three times a week for six successive weeks, in one or more news¬
papers published in the cities of Evansville, Louisville, St, Louis,
Indianapolis, Springfield, (Ilk) and New York, and wherever else
requiied by law, with the right to adjourn such sale or sales from time
to time in the discretion of such Trustees, giving reasonable notice of
such adjournment, and after so adjourning, to make the sale at the time
and place to which the same may be adjourned ; and on the consumma¬
tion of the sale upon the terms and conditions thereof, to make and de¬
liver to the purchaser or purchasers thereof, good and sufficient deed or
deeds in law to convey the estate and property hereby granted, which
sale, made as aforesaid, shall be a perpetual bar, both at law and in
equity, against the said party of the first part, and all other persons,
lawfully claiming, or to claim, the said railroad and appurtenances,
property and premises, rights, interests and franchises, or any part
thereof so sold, by, from, through or under it. And after deducting
from the proceeds of such sale, just allowances for all expenses of said
sale, including attorneys' and counsels' fees, and all other expenses, ad¬
vances and liabilities which may have been made or incurred by the
said Trustees in operating said railroad, or in maintaining the same, or
in managing their business while in possession thereof, and all payments
which may have been made by them for taxes and assessments, and
other prior charges, and other proper charges upon the said railroad and
appurtances, property and premises, rights, interests and franchises, or
any part thereof, as well as reasonable compensation for their own ser¬
vices, then to apply the net proceeds to the payment, fro raia^ of the
principal and interest of such of the aforesaid bonds as may be at such
time unpaid, and after satisfaction of all said bonds secured hereby,
with the interest thereon, to pay over the surplus of such proceeds, if
any, to the said party of the first part, its successors or assigns, or to
such party as may then be entitled to receive the same.
lO
ARTICLE IV.
Said parties of the second part at any time after entry and taking
possession of the premises as aforesaid, or after other entry, or without
entry, and taking possession, may, and upon the written request of the
holders of one-half of the then outstanding bonds of the issue hereby
secured then unpaid, shall proceed to foreclose this mortgage in such
manner as any proper court or coui'ts, having jurisdiction of the premises,-
may direct, and sell the whole or so much of the mortgaged premises as
shall be necessary to discharge the principal and interest of all such of
said bonds as may be unpaid, together with the expenses of such pro¬
ceedings and sale, and of the administration of their trust, and shall,
after deducting from the proceeds of any such sale, the cost and expense
thereof, and of their management of said property, including their own
reasonable compensation and counsel fees, and enough to indemnify and
save hai-mless themselves and their officers or agents against all liabilities
arising from this trust, apply so much of the proceeds of this property as
may be necessary to the payment, pro rata^ of the principal and interest
of said bonds remaining unpaid, and shall restore the residue of such
property, or of the proceeds thereof, if any, to said party of the first
part, its successors and assigns, or shall make such other or further dis¬
position of such property, or of the proceeds of the sale thereof, as such
court or courts shall direct, or as may be prescribed by law. But it is
expressly understood and agreed -that the rights and remedies herein
specified, shall not exclude the parties of the second part, or their suc¬
cessors in said trust, or their agents, from any other or further legal or
equitable remedies in the premises,
ARTICLE V.
Said party of the first part agrees, that it will from time to time
hereafter, as often as thereunto requested by said parties of the second
part, execute, acknowledge and deliver all such further deeds, convey¬
ances and assurances for the better assuring the said parties of the
second part, of the said railroad, property and appurtenances herein¬
before mentioned and conveyed, or intended to be conveyed, and all the
said premises and other property, whether now held or hereafter acquired^
as shall be required by the said parties of the second part.
ARTICLE VI.
All of the said bonds to be issued hereunder shall be on an equality
so far as regards security for the payment thereof by these presents, not¬
withstanding the same may be issued at different times, and no bond
11
shall be deemed to be senn*ed by or issued under this mortgage unless
the same is certified to have been so issued by the NEW YORK
SECURITY AND TRUST COMPANY, one of the parties of the
SECOND PART, Ol" its successor or successors in said trust.
ARTICLE VII.
Each of the bonds hereby secured shall pass by delivery, or transfer
on the books of the party of the first part at its agency in New York
City, after a registration of ownership in such books, and duly certified on
the back of any such bond by the transfer agent of said party of the
first part.
No transfer thereof shall be valid unless made upon the said books,
unless the last transfer has been made to bearer, in which event such
bond may continue to be transferable by delivery.
ARTICLE VIII.
And it is further mutually agreed, by and between the parties
hereto, and it is hereby declared to be a condition upon which the said
parties of the second part, and their successor or successors in the trust
hereby created, have assented to these presents and accepted this trust,
that the said Trustees and their successor or successors in the trust, shall
not in any manner be held responsible for any persons employed by
them, when selected with reasonable care, nor shall the Trustees be
answerable for each other, and only for their own willful default, and in
all cases the then Trustees, the parties of the second part, shall be
authorized to pay such reasonable compensation, as they shall deem
proper to all the attorneys, agents, officers, servants and employes whom
they may reasonably employ in the management of this trust ; and that
the said Trustees, and their successor or successors, shall have and be
entitled to just compensation for all services they may render in connec¬
tion with the management of the trust hereby created, to be first paid by
the said party of the first part, out of the trust estate, nor shall the
Trustees be compelled to perform any act under this indenture unless
satisfactorily indemnified.
And it is also agreed and hereby provided that the said Trustees
and their successor or successors in this trust may be removed, for cause,
at any time, and any vacancy thus caused, or otherwise happening, may
be filled by the appointment of a successor or successors by any court of
competent jurisdiction, upon application of a majority in interest of the
holders of the then outstanding bonds hereby secured.
IN WITNESS, WHEREOF, the said party of the first part,
pursuant to a resolution of its Board of Directors, hath caused this in-
12
Strument to be signed by its President, and attested by its Secretary,
and its corporate seal hereunto affixed, and the said NEW YORK
SECURITY AND TRUST COMPANY, under the direction and
authority of its Board of Directors, has caused this instrument to be
signed by its President, and attested by its Secretary, and its corporate
seal hereunto affixed, and the said Josephus Collett hath hereun¬
to set his hand and seal, the day and year first above written.
LOUISVILLE, EVANSVILLE & ST. LOUIS CONSOLIDATED
RAILROAD COMPANY,
By
President.
Attest :
Secretary.
NEW YORK SECURITY AND TRUST COMPANY,
By
President.
Attest :
Secretary.
Sealed and delivered in presence of:
13
I, W. J. Lewis, Secretary of the Louisville, Evansville & St. Louis
Consolidated Railroad Company, do hereby certify that the above
named Company was formed on the 21st day of May, 18S9, by a con¬
solidation of the Louisville, Evansville & St. Louis Railroad Company,
the Huntingburgh, Tell City & Cannelton Railroad Company, the
Belleville, Centraba & Eastern Railroad Company, the Illinois & St.
Louis Railroad and Coal Company, and the Venice and Carondelet Rail¬
way Company, and that Articles of Consolidation were on that day
signed by each of said companies, respectively, by their respective
Presidents and Secretaries, thereunto duly authorized, and that by said
Articles of Consolidation, the corporate name herein first mentioned was
adopted.
I further certify that the following resolution, to-wit:
"Whereas. The Plan of Consolidation this day adopted, by and
between the Louisville, Evansville & St. Louis Railroad Company, the
Huntingburgh, Tell City & Cannelton Railroad Company, the Belle,
ville, Centraba & Eastern Railroad Company, the Illinois & St. Louis
Railroad and Coal Company, and the Venice & Carondelet Railway
Company, provides, that the Consolidated Company, for the purposes
in said plan of consolidation specified, shall issue One Million three
hundred thousand dollars preferred stock, and $3»790,747 common
stock, and the sum of $8,000,000, First Consolidated Mortgage, fifty
(50) year, five per cent, gold coupon bonds, interest payable semi¬
annually, which said bonds shall be secured by a mortgage or deed of
trust on the property of said Consolidated Company, therefore,
Resolved, That said LOUISVILLE, EVANSVILLE & ST.
LOUIS CONSOLIDATED RAILROAD COMPANY, by its Presi¬
dent and Secretary, shall have the power, and is hereby authorized and
directed to prepare, print, execute, issue and deliver said stocks and
bonds of said Consolidated Company, and a deed of trust or mortgage
securing said bonds, to the NEW YORK SECURITY & TRUST
COMPANY and Josephus Collett,Trustees, as provided in the fore¬
going agreement," was adopted by the Stockholders of the Hunting¬
burgh, Tell City & Cannelton Railroad Company, on the i8ih day of
May, 1889, by the following vote of the Stockholders thereof, viz:
6,000 shares, the same being all the capital stock of said Company; by
the Louisville, Evansville & St. Louis Railroad Company, on the i8th
and 20th days of May, 1889, by the following vote of the Stockholders
thereof, to wit : 38,756 shares, the same being more than two-thirds of the
capital stock of said Company ; and by the following vote of the Second
Mortgage Bondholders of said Company, to-wit: 2,205, same being
H
more than two-thirds of the Second Mortgage bonds of said Company ;
by the Illinois & St. Louis Railroad & Coal Company, on the 21st day
of May, 1889, by the following vote of the Stockholders of said Com¬
pany, viz: 12,563 shares, the same being more than two-thirds of the
capital stock of said Company ; by the Venice & Carondelet Railway
Company, on May 2ist, 1889, by the following vote of the Stockholders
thereof, to-wit: 500 shares, the same being all of the capital stock of
said Railway Company; and on May 21st, 1889, by the following vote
of the Stockholders of the Belleville, Centraba & Eastern Railroad
Company, to wit: 1,000 shares, the same being of all of the capital
stock of said Company.
I further certify, that by virtue of the Articles of Consolidation
aforesaid, all the books and records of said Companies respectively,
have been placed, and are now, in my care, custody and control, as
Secretary of said Consolidated Company, and that the foregoing reso¬
lution is a full, true and complete copy of the said resolution as appears
of record upon the records of each of the foregoing Companies respect¬
ively.
Witness my hand, and the seal of said Consolidated Company,
this day of 1889.
^5
State of
SS.
County of
Be it Remembered^ that on this day
of Anno Domini, Eighteen Hundred
and Eighty-nine, before me, a Notary Public, in and for the said
county and State, duly commissioned and qualified, personally came
the President of the
LOUISVILLE, EVANSVILLE & ST, LOUIS CONSOLIDATED
RAILROAD COMPANY, and ,
the Secretary of the said Company, to me personally known to be the
persons whose names are subscribed to the foregoing instrument, as the
President and Secretary of the S9ià Company and severally acknowledged
the same as and for the voluntary act and deed of the said LOUISVILLE,
EVANSVILLE & ST. LOUIS CONSOLIDATED RAILROAD
COMPANY, by them severally, voluntarily done and executed for the
purposes therein set forth.
And the said being by
me duly sworn, did depose and say, that he resides in the county of
and State of
that he is the Secretary of the said LOUISVILLE, EVANSVILLE &
ST. LOUIS CONSOLIDATED RAILROAD COMPANY; that
the seal affixed to the foregoing instrument as the seal of the said Com¬
pany, is the corporate seal thereof ; that it was affixed by the order of the
Board of Directors of the said Company, and that he signed his name
thereto by the like oi'der of the said Board.
And the said , did then
and there further depose and say, under his oath, aforesaid, that he is
acquainted with the said
and knows him to be the President of the said Company ; that the
signature of the said
subscribed to the said instrument, is the genuine handwriting of him, the
said and was thereunto
subscribed by the like order of the said Board of Directors, and in the
presence of him, the said
In Testimony Whereof, I have hereunto set my hand and Notarial
Seal at the City of County
and State aforesaid, the day and year above written.
Notary Public,
SS.
i6
State of New York,
City and County of New York,
Be it Remembered^ that on this day
of , in the year One Thousand Eight Hundred
and Eighty-nine, before me, the undersigned,
Commissioner, resi¬
dent in the City of New York, duly commissioned and qualified by the
executive authority, under the laws of the States Indiana and Illinois, to
take acknowledgements of deeds, etc., to be used or recorded therein,
personally appeared
the
of the NEW YORK SECURITY AND TRUST COMPANY, and
, the
Secretary of said Company, to me personally known to be the persons
whose names are subscribed to the annexed instrument, as the
and Secretary of said Company,
and severally acknowledged the same, as the free and voluntary act and
deed of said NEW YORK SECURITY AND TRUST COMPANY,
by them severally and voluntarily done and executed, for the purposes
therein set forth. And said ,
being by me duly sworn, did depose and say that he resides in the City
of New York. That he is the Secretary of the NEW YORK SECUR¬
ITY AND TRUST COMPANY. That the seal affixed to the fore¬
going instrument, as the seal of said Company, is the corporate seal
thereof. That it was affixed by the order of the Board of Directors of
said Company, and that he signed his name thereto by like order of said
B oard.
And the said
did then and there further depose and say, under his oath aforesaid, that
he is acquainted with said ,
and knows him to be the of said Company. That
th e signature of the said
subscribed to the said instrument, is the genuine handwriting of him,
the said and was
thereunder subscribed by the like order of said Board of Directors and in
presence of him, the said
In Witness Whereof, I have hereunto set my hand and affixed
my official seal, the day and year last aforesaid.
Commissioner for the States of Indiana and Illinois,
17
State of
. SS.
County of.
Be it Remembered^ that on this day
of , in the year One Thousand Eight Hundred
and Eighty-nine, before me, the undersigned
, a in and for
said county and State, duly commissioned and qualified by executive
authority, personally appeared Josephus Collett, one of the Trustees
in the foregoing instrument, and acknowledged the execution of the
same^
In Witness Whereof, I have hereunto set my hand and affixed
my official seal, the day and year last aforesaid.
State of Indiana,
; ss.
..County,
I? Recorder
for said County, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this day of 1889, at o'clock M.
and recorded in Record of Mortgages, number , at page
Witness my hand and official Seal.
Recorder of County, Indiana.
SS.
State of Indiana,
County.
I, ......a««.......... ........—............................ I^ecorder
for said County, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this day of 1889, at o'clock M,
and recorded in Record of Mortgages, number , at page
Witness my hand and official seal.
Recorder of,
County, Indiana,
SS.
State of Indiana,
- County,
I, Recorder
for said County, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this day of 1889, at o'clock M.
and recorded in Record of Mortgages, number , at page
Witness my hand and official Seal.
Recorder of County, Indiana.
SS.
State of Indiana,
County.
I,.. : Recorder
for said County, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this..— day of 1889, at ..o'clock M,
and recorded in Record of Mortgages, number , at page
Witness my hand and official seal,
Recorder of County, Indiana
SS.
State of Indiana,
County,
Ij Recorder
for said County, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this day of 1889, at o'clock M.
and recorded in Record of Mortgages, number , at page
Witness my hand and official Seal.
Recorder of County, Indiana.
SS.
State of Indiana,
County.
I, Recorder
for said County, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this.. day of 1889, at o'clock M,
and recorded in Record of Mortgages, number , at page
Witness my hand and official seal,
Recorder of
County, Indiana.
SS.
State of Indiana,
County,
lî Recorder
for said Co-unty, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this day of - 1889, at o^clock M.
and recorded in Record of Mortgages, number , at page
Witness my hand and official Seal.
Recorder of County, Indiana.
SS.
State of Indiana,
County.
I, -.-. : Recorder
for said.......... County, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this day of..., 1889, at o'clock M,
and recorded in Record of Mortgages, number , at page
Witness my hand and official seal,
Recorder of County, Indiana.
SS.
State of Indiana,
County,
I, ; Recorder
for said ^ County, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this day of ..1S89, at o'clock „..M.
and recorded in Record of Mortgages, number , at page ....
Witness my hand and official Seal.
Recorder of County, Indiana.
SS.
State of Indiana,
County.
I, — Recorder
for said County, State of Indiana,
do hereby certify that the foregoing instrument was received for record
this .„day of 1889, at o'clock M,
and recorded in Record of Mortgages, number , at.page....
Witness my hand and official seal,
Recorder of
County, Indiana,
SS,
State of Illinois,
- County.
I, Recorder of Deeds in and for
said County of and State of Illinois, do
hereby certify that the foregoing instrument was received for record this
day of 1889, at o'clock M.,
and recorded in Record book number , at page
Witness my hand and official seal,
Recorder of. County, Illinois.
SS.
State of Illinois,
County.
I, Recorder of Deeds in and for
said County of and State of Illinois, do
hereby certify that the foregoing instrument was received for record this
......day of 1889, at o'clock M.,
and recorded in Record book number , at page
Witness my hand and official seal,
Recorder of
County, Illinois.
SS.
State of Ii.linoïs,
CouNTy.
I, Recorder of Deeds in and for
Siaid County of: and State of Illinois, do
hereby cei^tify that the foregoing instruonent was received for record this
îiy of ,1889, at o'clock M.,
If reçoi^ded iu _ Record book number , at page
Witness my hand and official seal,
Recorder of County, Illinois-
SS.
State of Illinois,
County.
I, ... Recorder of Deeds in and for
said County of. and State of Illinois, do
hereby certify that the foregoing instrnment was received for record this
.....day of 1889, at o' clock M.,
and recorded in - Record book number , at page
Witness my hand and official seal,
Recorder of
County, Illinois.
SS.
State of Ii^hngis,
. County.
Ij Recorder of Deeds in and for
said County of and State of Illinois, do
hereby certify that the foregoing instrument was received for record this
day. of^ 1889, at _ o'clock .....M.,
and recorded in Record book number , at page
Witness my hand and official, seal,
Recorder of County, Illinois.
SS.
State of Illinois,
County.
I, , Recorder of Deeds in and for
said County of and State of Illinois, do
hereby certify that the foregoing instrument was received for record this
day of 1889, at o'clock M.,
and recorded in Record book number .., at page
Witness my hand and official seal.
Recorder of
County, Illinois.
SS,
State of Ii.linois,
County.
I) Recorder of Deeds in and for
said County of and State of Illinois, do
hereby certify that the foregoing instrument was received for record this
day of 1889, at o'clock M.,
and recorded in Record book number , at page
Witness my hand and official seal,
Recorder of County, Illinois,
SS.
State of Illinois,
County.
I, , Recorder of Deeds in and for
said County of and State of Illinois, do
hereby certify that the foregoing instrument was received for record this
day of 1889, at o'clock ..., M.,
and recorded in Record book number , at page
Witness my hand and official seal,
Recorder of
County, Illinois.