2.-DEED OF FORMER RAILROAD COMPANY, PURSUANT TO ORDER

OF COURT.

THIS INDENTURE, made this twenty-fifth day of February, in the year of our Lord one thousand eight hundred and sixty-two, by and between the PITTSBURGH, FORT WAYNE AND CHICAGO RAILROAD COMPANY, of the first part, and JAMES F. D. LANIER, SAMUEL J. TILDEN, LOUIS H. MEYER, of the City and State of New York, JOHN EDGAR THOMSON, of the City of Philadelphia and State of Pennsylvania, and SAMUEL HANNA, of the town of Fort Wayne and State of Indiana, of the second part.

WITNESSETH, whereas, in a cause in Chancery, depending in the Circuit Court of the United States for the Northern District of Ohio, wherein Charles Moran and others are complainants, and The Ohio and the Pennsylvania Railroad Company and others are defendants, the said Court ordered and decreed that the Special Master, Commissioners and Trustees named in said order and decree should sell, in the manner therein provided, the following described property and effects, to wit: The railroad of the Pittsburgh, Fort Wayne and Chicago Railroad Company, including the right of way therefor, the road thereof, the superstructure of all sorts thereon, its water and other stationhouses and shops, and the lands and grounds connected therewith, and all tools and implements used or provided to be used therein, and in constructing and repairing cars and machinery for such road, or the track and superstructures aforesaid; all turn-tables, all depots and buildings, and fixtures, and structures, of whatever name or nature, and the lands and grounds connected therewith, used or provided to be used in operating said road and belonging thereto, and wherever situate, and all cars, engines and rolling stock belonging to said Company, and all supplies of timber, lumber, iron, fuel and every other thing provided by said Company, or by the several original companies which were consolidated into said Pittsburgh, Fort Wayne and Chicago Railroad Company, to be used in operating said road, wherever situate, by the same title by which the same are holden by said Company, or by said original companies severally, together with all corporate franchises of said Company, and of the said original companies severally, including the right and franchise of said several companies, to be an act, as a corporation, to be sold as an entirety; and

Whereas, The Circuit Court of the United States for the Western District of Pennsylvania, the Circuit Court of the United States for the District of Indiana, and the Circuit Court of the United States for the Northern District of Illinois, in causes pending in said Courts respectively, which were and are auxiliary to said cause first above mentioned, adopted said order and decree above-mentioned, as to so much of said premises as are situate in said districts respectively, and did order the same to be sold by the same persons, and at the same time and place, and in the same manner, as was provided by said decree first above mentioned, in respect of the whole of said premises; and

Whereas, The said decrees, and each thereof, provided further, that upon full payment of the purchase money, and compliance with the terms of their purchase by said purchasers, to be found by the further order of the Court to be made in the premises, the said Special Masters Commissioners and Trustees, in their several capacities, or the survivor of them, shall by deed, to be executed in such form as may be proper to convey real estate in the said several States of Pennsylvania, Ohio, Indiana and Illinois, convey the premises to be sold to the purchasers, their heirs, successors or assigns, and thereupon, also, the said Pittsburgh, Fort Wayne and Chicago Railroad Company shall, by like deed, convey and confirm said premises to said purchasers, their heirs, successors or assigns; and

Whereas, All said premises above described, under and pursuant to said decrees, and in conformity thereto, were on the 24th day of October, A. D. 1861, sold by said Trustees and Special Master Commissioners to the said James F. D. Lanier, Samuel J. Tilden, Louis H. Meyer, John Edgar Thomson and Samuel Hanna; and

Whereas, it has been found by the further order of said Circuit Court of the United States for the Northern District of Ohio, made in said cause first above mentioned, that said purchasers have made full payment of the purchase money of said premises, and in all things complied with terms of the said purchase:

Now, in obedience to the requirement of said orders and decrees, and in consideration of the sum of one dollar paid by the parties of the second part to the said party of the first part, receipt whereof is hereby acknowledged, the said Pittsburgh, Fort Wayne and Chicago Railroad Company, party

of the first part, as aforesaid, hath granted, bargained and sold, and doth hereby grant, bargain and sell, convey and confirm unto the said James F. D. Lanier, Samuel J. Tilden, Louis H. Meyer, John Edgar Thomson and Samuel Hanna, and to their heirs and assigns, all and singular the premises, property and effects aforesaid of every kind and description, and of every name and nature whatsoever, so sold as aforesaid to the said parties, of the second part, as aforesaid, to have and to hold the same to the only and proper use, benefit and behoof of them, the said parties of the second part, and to the survivor and survivors of them, as joint tenants, and not as tenants in common, to their heirs and assigns of such survivor for ever.

In witness whereof, the President of the said Pittsburgh, Fort Wayne and Chicago Railroad Company, party of the first part as aforesaid, pursuant to an order of said Company to that purpose duly made and recorded on the 24th day of October, in the year of our Lord one thousand eight hundred and sixty-one, hath hereunto subscribed his name officially, and caused the corporate seal of the said Company to be hereunto affixed the day and year first above written.

THIS INDENTURE, made this first day of March, in the year of our Lord one thousand eight hundred and sixty-two, between James F. D. Lanier, Samuel J. Tilden and Louis H. Meyer, of the City and State of New York, J. Edgar Thomson, of the City of Philadelphia and State of Pennsylvania, and Samuel Hanna, of the town of Fort Wayne and State of Indiana, of the first part and John Ferguson and Samuel J. Tilden, of the City and State of New York, of the second part, witnesseth :

Whereas, the Pittsburgh, Fort Wayne and Chicago Railway Company is vested with franchises to be a corporation, granted to the said Company by the States of Pennsylvania, Illinois and Indiana, respectively, and has become duly organized as a corporation, in conformity to the provisions of the said grants, with capacity, in its corporate character, to take, hold and exercise other franchises, and, particularly, with capacity to acquire, hold, maintain and operate the continuous railway extending from Pittsburgh, in the State of Pennsylvania, to Chicago, in the State of Illinois, commonly known as the Pittsburgh, Fort Wayne and Chicago Railroad, together with its equipments and appurte

nances;

And whereas, the said Company has agreed with the parties of the first part to buy the aforesaid railway, and, in evidence of a portion of the consideration for the same, has made and delivered to the parties of the first part its bonds, amounting in the aggregate to the sum of five millions and two hundred and fifty thousand dollars, all of which bonds bear date on the first day of March, in the year one thousand eight hundred and sixty-two, and are payable at the office or agency of the said Company, in the City of New York, upon the first day of July, in the year one thousand nine hundred and twelve, and are redeemable, at the option of the Company, at any time after the first day of July, one thousand eight hundred and sixty-seven, on any day on which a half-yearly instalment of interest shall fall due, and are convertible, at the option of the holders thereof, upon any such day, into bonds, to be issued and secured in the same manner as the said bonds, but bearing interest at the rate of six per cent., and irredeemable, except by a sinking fund of one per cent., per annum, on the whole amount of the said six per cent. bonds which shall have been issued, to be reserved and applied in the manner hereinafter specified; all of which bonds originally issued, as aforesaid, bear interest at the rate of seven per centum, per annum, payable semi-annually at the office or agency of the said Company, in the City of New York; of which bonds six hundred and fifty, numbered, consecutively, from 1 to 650, inclusively, are each of one thousand dollars, and four hundred and fifty, numbered, consecutively, from 651 to 1,100, inclusively, are each for five hundred dollars; and the interest on all of which said eleven hundred bonds is payable on the first days of January and July, in each year; six hundred and fifty, numbered, consecutively, from 1,101

to 1,750, inclusively, are each for one thousand dollars, and four hundred and fifty, numbered, consecutively, from 1,751 to 2,200, inclusively, are each for five hundred dollars; and the interest on which said eleven hundred bonds is payable on the first days of February and August, in each year; six hundred and fifty, numbered, consecutively, from 2,201 to 2,850, inclusively, are each for one thousand dollars, and four hundred and fifty, numbered, consecutively, from 2,851 to 3,300, inclusively, are each for five hundred dollars, and the interest on all of which said eleven hundred bonds is payable on the first days of March and September, in each year; six hundred and fifty, numbered, consecutively, from 3,301 to 3,950, inclusively, are each for one thousand dollars, and four hundred and fifty, numbered, consecutively, from 3,951 to 4,400, inclusively, are each for five hundred dollars, and the interest on all of which said eleven hundred bonds is payable on the first days of April and October, in each year; six hundred and fifty, numbered, consecutively, from 4,401 to 5,050, inclusively, are each for one thousand dollars, and four hundred and fifty, numbered, consecutively, from 5,051 to 5,500, inclusively, are each for five hundred dollars, and the interest on all of which said eleven hundred bonds is payable on the first days of May and November, in each year; six hundred and fifty, numbered, consecutively, from 5,501 to 6,150, inclusively, are each for one thousand dollars, and four hundred and fifty, numbered, consecutively, from 6,151 to 6,600, inclusively, are each for five hundred dollars: and the interest on all of which said eleven hundred bonds is payable on the first days of June and December, in each year:--all of which six thousand and six hundred bonds are in the form following

No.

UNITED STATES OF AMERICA.

$

STATES OF PENNSYLVANIA, OHIO, INDIANA AND ILLINOIS. PITTSBURGH, FORT WAYNE AND CHICAGO RAILWAY COMPANY.

FIRST MORTGAGE BOND.

Know all men by these presents, that the Pittsburgh, Fort Wayne and Chicago Railway Company are indebted to John. Ferguson and Samuel J. Tilden, of the City of New York, or bearer, in the sum of dollars, lawful money of the United States of America, which the said Company promises to