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signs, for the period hereinafter stated, all and singular its railroad above described, and extending from said point near Canton to Rushville, together with all rights of way and depot and other lands, or interests therein, belonging to or connected with the said railroad; all station houses and other buildings and structure belonging thereto, or used in connection therewith; together with all fixtures and appurtenances of said railroad, and all other property, of every kind and description belonging to or appertaining to the said railroad, or any part thereof.

To Have And To Hold the said railroad, and the premises and property above mentioned and described, unto the said Chicago, Burlington & Quincy Railroad Company, for the period hereinafter named.

The said party of the second part, in consideration of the premises, does hereby covenant and agree with the party of the first part, it successors and assign to take immediate possession of the said demised railroad and other property above mentioned and described, and to keep the said railroad equipped, and to maintain and operate the same in such manner as to furnish reasonable accommodations to the public, and to pay or cause to be paid all taxes and assessments that may be lawfully charged or assessed against said railroad and property, or any part thereof, and to keep the said railroad and property and equipment in good condition and repair, and to return the same to the party of the first part, at the expiration of this lease, in as good condition and repair as they are at the commencement thereof.

The said party of the second part, in addition to the foregoing, and as rental for the use of the railroad and other property, demised as aforesaid, agrees to pay the interest upon all the bonds issued by the party of the first part, as aforesaid, and now outstanding, and the interest upon any renewals or extensions or replacements of said bonds, or any of them, as and when the several installments of the said interest mature and become due and payable; the interest coupons attached to the said several bonds being taken up and cancelled by the party of the second part as they respectively mature.

This lease shall take effect on the date hereof, and shall continue in force for the period of twenty-five (25) years from March fifteenth, 1899.

In Witness Whereof, the parties hereto have caused their corporate names to be hereunto, and to one other original, subscribed by their respective Presidents, and their corporate seals to be attached and attested by their respective Secretaries, the day and year first above written.

PEORIA & HANNIBAL RAILROAD COMPANY,

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DEED, June 1, 1899, The Peoria & Hannibal Railroad Company to Chicago, Burlington & Quincy Railroad Company.

This Indenture, Made this first day of June, A. D. 1899, by and between The Peoria and Hannibal Railroad Company, party of the first part, and the Chicago, Burlington & Quincy Railroad Company, party of the second part, both being corporations created, organized, and existing under and by virtue of the laws of the State of Illinois, Witnesseth, That,

Whereas, The first party, being thereto duly authorized by law, is the owner of the following described railroad in the State of Illinois, to-wit: Beginning at Lewistown; in Fulton County, extending thence southwesterly to Rushville, in Schuyler County, a distance of about thirty-two and sixty-six hundreths (32.66) miles; and,

Whereas, The railroad of the first party connects with the railroads of the second party, and forms therewith a continuous and connected line of railroad; and,

Whereas, The second party is now in possession of and operating the said above described railroad, in connection with its own railroads, and has offered to purchase the remaining interests, property, and franchise of the first party in and to said railroad, upon the terms and conditions hereinafter stated, which have been agreed to by the directors of both the said companies, and approved by the stockholders owning and holding two-thirds in amount of the capital stock of the parties of the first and second parts, in manner and form as required by law:

Now, Therefore, This Indenture Witnesseth: That the said party of the first part, for and in consideration of five dollars to it in hand paid, the receipt of which is hereby acknowledged, and other good and valuable considerations, has granted, bargained, and sold, and by these presents does grant, bargain, sell and convey, release, assign, and transfer, to the said party of the second part, all and singular the said above described railroad, and all its right, title and interest therein; together with all rights of way, road-bed, bridges, and depot and other lands, or interest therein; and all station houses and other buildings and structures of whatever kind belonging thereto; together with all the fixtures and appurtenances appertaining to the said railroad, or in any manner connected therewith; also all rights, privileges, and franchises of the said party of the first part, in and to the aforesaid railroad; together with all other present and in future to be acquired property, of every kind and description, belonging to the said first party, except its franchise to be a corporation.

To Have and to Hold, the said railroad and lands, tenements, rights, privileges, and franchises, and other property, above mentioned and conveyed, to the said second party, its successors and assigns, forever.

And the said party of the second part covenants and agrees with the said party of the first part to equip the said railroad, or cause the same to be equipped, and to maintain and operate the same in such manner as to furnish reasonable accommodations to the public; to pay, or cause to be paid, all taxes and assessments that may be lawfully levied, charged, or assessed upon the said railroad and property, or any part thereof; and to assume all contracts, bonds, and other obligations, of whatsoever kind, and

pay and discharge all debts and liabilities, both principal and interest, of the said party of the first part, as they may severally mature; and to issue and deliver to the owners and holders of the capital stock of the first party, one share of its own capital stock for every fifteen shares of the capital stock of said first party, upon the surrender and transfer to it of such shares of the first party's stock.

And to the end that the second party may have, hold, use, exercise, and enjoy the railroad and property and franchises of the first party, hereby conveyed and intended to be conveyed, and whether now existing or hereafter acquired, as fully as might be done by the first party, if this conveyance had not been made, the first party agrees to execute from time to time any additional assignment, conveyance, or assurance, and to perform any act, which the counsel of the second party may advise; and, for the purposes aforesaid, the first party agrees, if the second party shall so desire and advise, that it will keep up and maintain its corporate existence and organization.

In Witness Whereof, the parties hereto have caused their corporate names to be hereunto subscribed by their respective Presidents, and their corporate seals to be attached and attested by their respective Secretaries, all on the day and year first above written.

(Seal)

Attest:

THE PEORIA AND HANNIBAL RAILROAD COMPANY,
By C. I. STURGIS,

President.

CHICAGO, BURLINGTON & QUINCY
RAILROAD COMPANY,

H. W. WEISS,

Secretary.

(Seal)

Attest:

T. S. HOWLAND,
Secretary.

By C. E. PERKINS,

President.

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Be it remembered, that, on this 15 day of June, A. D. 1899, before me, a Notary Public, in and for said County and State, personally appeared C. I. Sturgis, President of The Peoria and Hannibal Railroad Company, a corporation organized and existing under the laws of the State of Illinois, personally known to me and to be the same person whose name is subscribed to, and who executed, the foregoing instrument as such President, who, being by me duly sworn, did say that he is President of the said The Peoria and Hannibal Railroad Company; that he knows the corporate seal of said Company; that the seal affixed to the foregoing instrument is the corporate seal of said Company; that it was affixed by order of the Board of Directors of said Company; that said instrument was signed and sealed in behalf of said Company by like order as President of said Company; that the said C. I. Sturgis acknowledged said instrument, and that it was the voluntary act and deed of said Company, and that he, as such President, signed, sealed, and delivered said instrument, as the free and volun

tary act and deed of said Company, and as his own free and voluntary act and deed as such President, for the uses and purposes therein set forth. In Witness Whereof, I have hereunto set my hand and official seal, this 15 day of June, A. D. 1899.

(Seal)

STATE OF IOWA,

COUNTY OF DA'S MOINES.

SS.

HERBERT HAASE,

Notary Public for said County and State.

Be it remembered, that, on this 14th day of June, A. D. 1899, before me, a Notary Public, in and for said County and State, personally appeared C. E. Perkins, President of the Chicago, Burlington & Quincy Railroad Company, a corporation organized and existing under the laws of the State of Illinois, personally known to me and to be the same person whose name is subscribed to, and who executed, the foregoing instrument as such Presilent, who, being by me duly sworn, did say that he is President of the said Chicago, Burlington & Quincy Railroad Company; that he knows the corporate seal of said Company; that the seal affixed to the foregoing instrument is the corporate seal of said Company; that it was affixed by order of the Board of Directors of said Company; that said instrument was signed and sealed in behalf of said Company by like order as President of said Company; that the said C. E. Perkins acknowledged said instrument, and that it was the voluntary act and deed of said Company, and that he, as such President, signed, sealed, and delivered said instrument, as the free and voluntary act and deed of said Company, and as his own free and voluntary act and deed as such President, for the uses and purposes therein set forth.

In Witness Whereof, I have hereunto set my hand and official seal, this 14th day of June, A. D. 1899.

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Filed for record, this 23 day of June 1899, at 6 o'clock and 10 minutes P M., and recorded in Book 221 of Miscellaneous at pages 573 to 576 inclusive.

(Seal)

R. E. GRIFFITH,

Recorder of Deeds. by W. B. Gillam, Deputy.

No. 35635.

STATE OF ILLINOIS,

COUNTY OF SCHUYLER.

SS.

Filed for record, this 24th day of June 1899, at 8 o'clock and 30 minutes A M., and recorded in Book 72 of Deeds at pages 281 to 283 inclusive. ELI B. DIXON,

Recorder of Deeds.

THE BURLINGTON BRIDGE

The steel Railroad Bridge across the Mississippi River at Burlington, Iowa, was begun in January, 1867, and completed in August, 1868. It was built by the Chicago, Burlington & Quincy Railroad Company as a part of its railroad.

Being across a navigable stream, specific authority from Congress was necessary, and is found in the Act of Congress in force July 25, 1866, which granted to the Chicago, Burlington & Quincy Railroad Company the right to construct this Bridge, "having first obtained authority therefor from the States of Illinois and Iowa."

Authority from the State of Illinois is found in the Eighth Section of the General Law approved February 28, 1854, (see page 3) specifically authorizing railroad companies formed under the Act to "construct their road across or over any stream into any adjoining State by such bridge or bridges as may be necessary to the convenience of the extension or consolidation of said road."

The Chicago, Burlington & Quincy Railroad Company was formed under this Law, which became, and has always been held to be, a part of its Charter.

Additional authority from Illinois is found in a Special Act of the Illinois Legislature, in force February 12, 1853, authorizing "The Peoria and Burlington Railroad Bridge Company to build a bridge across the Mississippi River at Burlington," and giving to the Bridge Company the power "to sell the privileges of said Company to any company or corporation, on such terms as they may agree upon."

This Act was procured in the interest of the Chicago, Burlington & Quincy Railroad Company, which acquired the franchises of said Bridge Company.

The authority from the State of Iowa is found in Chapter 130 of the Laws of Iowa, passed by the General Assembly of that State (1864) authorizing any Railroad to construct a railroad bridge across the Mississippi River, "extending towards

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