by written notice to the party of the first part, taking effect days thereafter. They or either of them, or their suc- New trustee. cessors in the trust, may be removed, and, in case of

Compensa

any vacancy occurring, a successor to them, or either of them, may be appointed by writing, signed by the holders of a majority of said bonds at the time outstanding. But whenever there shall be only one trustee, he shall have, hold, and exercise all the estate, possession, rights, powers, and duties of the trustees. Each trustee shall be entitled to a reasonable compensation for his services in the administration of the tion of trustrust, to be paid to him by the party of the first part, or out of any moneys or property belonging to the trust in their hands. Neither of the trustees shall be responsible except for his own wilful neglect or misfeasance; and all the provisions hereof respecting the trustees shall be deemed to relate to the original trustees, and all and every of their successors in the

trust.

tees.

The trustees shall, at the request of the party of the first part, certify the bonds hereby secured, and deliver the same to it, to be by it issued.

In witness whereof the said party of the first part has caused these presents to be sealed with its common seal, and attested by its president and secretary, and the parties of the second part have hereunto set their hands and seals this day and year first above written.

PROTESTS.

Protest by Master for Loss or Damage to Vessel.

and

before me

and noted in

To all to whom these presents shall come, I, ——, a notary public in and for the commonwealth of ——, duly commissioned and sworn, and residing in the city of -, send greeting. Know ye, that on the day of, in the year appeared master of the ship called the due form of law with me his protest, for the uses and purposes hereinafter mentioned. And now, on the day of the date hereof, before me, the said notary, at aforesaid, again comes the said, and requires me to extend his protest; and, together with the said also come seamen belonging to the aforesaid ship, all of whom, being by me severally duly sworn according to law, voluntarily, freely, and solemnly do declare and depose as follows, that is to say: That they, the said appearers, in their several capacities aforesaid, sailed and departed in and with the said ship, from, on the day of, 18, having on board the said ship a cargo of and bound for the port of ; that the said ship was then stout, stanch, and strong, had her cargo properly stowed and secured, was well and sufficiently victualled, apparelled, and appointed, and was in every respect fit for sea and the voyage she was about to undertake; that after the said ship had been at sea

days, namely, on the day of January, 18— (here detail all the circumstances attending the loss of or injury to the vessel or cargo). And the said master further says that, as all the damage and injury which already has or may hereafter appear to have happened or accrued to the said ship or her cargo has been occasioned solely by the circumstances hereinbefore stated, and cannot or ought not to be attributed to any insufficiency of the said ship, or to any omission, neglect, or mismanagement on the part of the said master, or his officers or crew, he, the said master, now desires to protest, requiring an act thereof from me, the said notary public, to avail him when and where needful and

necessary; and, in testimony of the truth of the premises, the said appearers have hereunto respectively set their hands.

(Signatures.)

Whereupon I, the said notary public, at the request aforesaid, do by these presents publicly and solemnly protest against winds and weather and seas, and against all and every accident, matter, and thing had and met with as aforesaid, whereby or by means whereof the said ship or her cargo already has or hereafter shall appear to have suffered or sustained damage or injury, for all losses, costs, charges, expenses, damages, and injury which the said ship, or the owner or owners of the said ship, or the owners, freighters, or shippers of her said cargo, or any other person or persons interested or concerned in either, already have paid, sustained, incurred, or been put unto, or may hereafter pay, sustain, incur, or be put unto, by or on account of the premises, or for which the insurer or insurers of the said ship or her cargo is, or are respectively, liable to pay or make contribution or average, according to custom, or their respective contracts or obligations; and that no part of such losses and expenses, already incurred or hereafter to be incurred, do fall on the said vessel or her owners, or on him, the said his officers or crew.

Thus done and protested by me, the said notary public, at the city of, the day and year first aforesaid.

Protest by the Master of a Vessel for Demurrage under a Charter Party.

To all people to whom these presents shall come, I, ———, a notary public in and for the state of, duly commissioned and sworn, dwelling in the city of send greeting. Know ye, that on the day of, 18, personally appeared before me, master of the ship called the -, belonging to the port of in the state of who, having been by me duly sworn, did depose as follows, that is to say, that he, this appearer, as such master as aforesaid, did, on or about the day of last, let the said ship to freight to — of a charter party, for a voyage from

back to

to

was entered into on the said

and

and from thence

day of

last, of the

between this appearer of the one part, and the said

other part, for the said voyage, whereby it was stipulated (state

the number of days allowed for unloading and reloading, and the amount per day to be paid for demurrage), that this appearer, pursuant to the charter party, did receive on board of the vessel, at — aforesaid, a cargo of lawful goods, provided and shipped by the agents of the said charterer, and from thence proceeded therewith, on board of the said vessel, direct to aforesaid, where said vessel arrived on the day of, 18-; and on the next day, when the said vessel had been reported, and got into a proper berth for discharging, this appearer gave to & Co., the agents at of the said charterer, to whom as agents the cargo was consigned, notice that this appearer was ready to deliver the said cargo of goods; and that the agents of the said charterer caused the discharge of the said cargo to be commenced, and they received and took the same from the said vessel, and then proceeded to put on board the said vessel another cargo of goods for her voyage back to aforesaid, but that the agents of the said charterer did not complete the loading thereof until the day of following, being — days beyond the time herein before mentioned and allowed in and by the said charter party to the said charterer or his agents for discharging and reloading the said vessel at as aforesaid, whereby the said charterer hath become liable to pay demurrage for such delay or detention, pursuant to the said charter party, for days, at the rate of dollars per day, and which sum, or any part thereof, the said agents of the said charterer have refused to pay. Whereof the said appearer,

on behalf of the owners of the said vessel, and on behalf of himself as master, doth protest; and I, the said notary, at his request, do also protest against the said charterer, —, and against his agents, the said & Co., and against all and every other person or persons whomsoever, responsible or liable, or whom these presents do or may concern, holding him and them responsible or liable for the breach of the said charter party, and for all demurrage, damage, injury, loss, wages, costs, and expenses incurred, owing, or sustained, or to be incurred or sustained, by reason of the said breach, delay, detention, or other premises.

Thus done and protested, etc.

RAILROAD CAR TRUST AGREEMENTS.

Car Trust Agreement,1 or Conditional Sale of Rolling Stock. This agreement, made this day of, 18-, by and between the Car Company, a manufacturing corporation located at, of the first part; the Car Company, a corporation located at, of the second part; the Railroad Company, a corporation organized under the laws of the states of of the third part; and the Trust Company, a corporation organized under the laws of the state of of the fourth part, witnesseth:

9

and

Recital of

agreement to ing stock;

furnish roll

Whereas in and by certain written contracts hereto annexed and made part hereof, the said car companies have respectively agreed to furnish to the said railroad company certain railroad equipment and rolling stock, the title to which, notwithstanding the delivery of the same, will not pass to or vest in the said railroad company until the said car companies shall have been respectively fully paid therefor, in accordance with the terms of said contracts; and whereas the railroad equipment and rolling stock delivered, and to be delivered, under said contracts, consists of

box cars, gondola cars,

cars,

flat cars, furniture cars,

fruit cars,

stock cars,

- of descrip

dump tion of prop

erty;

refrig

erator cars, together of the value of road company, in accordance with the terms of said contracts, agreed to pay to the said car companies respectively an aggregate amount of dollars, and is to issue, as further deliveries of railroad equipment and rolling stock are made. of notes for its notes amounting to dollars; and whereas, of price; the amounts already contracted to be paid for deliveries heretofore made as aforesaid, there have been paid dollars, so that

passenger coaches, engines, dollars; and whereas the said rail

1 This agreement, not being a chattel mortgage, need not be recorded as such a mortgage, except in states where conditional sales are required by statute to be recorded. The agreement amounts to a conditional sale, the title not passing to the railroad company until full payment is made.