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^
£^y\
e^;^5^=<?^'^5>^
Jf (OPY OF DERI) OF TRFST.
I]
r
\ rHE (IHK A(i(). I)E IHOTT. l(
A>T
Caimiiii C^raiii) Cnnik lunction
KAILROAI) COM [• ANY,!
C. S. GZOWSKI AND THOMAS GALT.
t I
'i t
TORONTO:
1859.
F.iti f i.-!.'-\'iL 'mmmm::'^""^-f
^ II
r,i
I-
(1-1
COPY OF DEED OF TRUST.
rHE CHICACiO, DE J KOir,
A X I »
(Immhx §xm\i Crunk Mutm
RAILROAD COMPANY,
r<)
C. S. GZOWSKI AND THOMAS GALT.
^4«i
TORONTO:
I'RINTKn AT THE " LKADBR" A- " PATRIOT"' STJtAM-PRESS,. KI,;ii SVRBEr.
1S59.
»^WfPi
c^ y / ^ C> B
:^r Yi\
MAY 1 9 m».
y 'Sii
V,On OF DEED OF TEUST.
f/ie C7u-ji(t/v\ Detroit and Canada fjrrimd Trauk Jumtwn
Uailroaf- Comiwinj to 0. S. (hotmhi ond Thomas
irolt.
This Indextuici:, intide the twoiity-uiutli du;? of Septem-
ber, In the year of our Lord one thousand eight hundred
iind fifty-nine, between The ChieagO; Detroit and Canada
Gran a Trunk Junction Railroad Company of the first part,
:ind Casimir Stanislaus Gzowski and Thomas Ualt, TruBteen
herinafter named, of iho second pari.
Wherea^i , the said The C)hieago, Detroit and Canada
(rrand Trunk Junctiou IJaih-oad (company has been organ*
ized and iucorporated under the j>rovisionsof an Actof the
i^egishiture of the State of Miehio-an, intituled "An Act to
provide for the Incorporation of Raih'oad Companies." And
whereas, by tlie twenty-seventh section of tlie said Act, it is
enacted tluit "All Companies organised under the said Act
" shall havcpowei'trom time to time to borrow such sums of
•' money as they may deem necessary for completing and
'* finishing or operating their Kaikoad, and to issue and dis-
" pose of their bonds for any amount so borrowed, for suck
*' sums and at such rate of interest as they may deem ad-
'•' visabie, and to mortgage their corporate property and
*' franchises to secure the payment ot any debt contracted
" by the (Jompany tor the purposes aforesaid, and the
I
i i
'• Directors of the Company may confer on fluy hoklei- of
" of any bond issned for money borrowed as aforesaid, the
" right to convert the i)rincipal due or owing thereon into
" fitock of said Company, at any time not exceeding twenty
•' years from the date of said bond, nnder such regulations
*' as the Company may see lit to adopt ; and such Company
'* may sell their bonds, either within or without this State,
" at such rates and prices as they may deem proper." And
whereas, at a special meeting of the Shareholders of the said
Company, held at the City oi' Detroit, on this twenty-ninth
day of September, called for the purpose oi' considering
the propriety of borrowing such sum of money as might be
deemed necessary for complctincr, finishing and operating
their Eailroad, it was rcKolvcd to borrow the sum of one
million and eighty-nine thousand dollars — equal to the sum
of two hundred and twouty-tive thousand pounds of sterling
money of Great Britain— to be re-paid on the first day of
,luly, 1864, with interest on the same, payable meanwhile
at the rate of eight per cent, per annum, the said interet^t to
i)e paid half-yearly ; the said principal and interest to be
secured by the bonds of the Company, to be payable in
London, England, and Thomas E. Blackwcll, President of
the said Company, was authorized to execute a mortgage
of the property and franchises of the Company for securing
payment to the holders thereof of all bonds aiid debentures
issued under aaid resolution, together with interest thereon.
Xow, therefore, this Indenture witnesseth that the said
parties of the first part, in order to secure the payment of
the debentures and interest issued under said resolution,
wh':h said debentures bear even date herewith, and arc
countersigned by Thomas Gait, one of the parties of the
second part, and in consideration of the sum of fi>^c shillings
to them at the sealing and delivery hereof, in hand paid by
the said parties of the second part, the recei]>t whereof is here-
1t%.-m,lfc
y holder oi'
foresaid, the
thereon into
iding twenty
regulations
ch Company
: this State,
3per." And
rs of the said
iwenty-nintli
considerini;
as mij^ht be
id operating
RUin of one
J to the sum
Is of sterUng
1 first day of
^ meanwhile
id interet^t to
terest to be
payable in
T'resident of
a mortgage
■ for securing
d debentures
rest thereon,
lat tlic said
payment of
d resolution,
dtb, and arc
)arties of the
fi\rc shillings
land paid by
lercof isbere-
5
by iicknowledgcd, have granted, bargained, sold, afteignefi.
transferred and conveyed, and by these presents do grant,
bargain, sell, assign, transfer and convey to the said parties
of the seoond part, and their heirs and assigns and suc-
cessors, in the trust hereby created, all the following pro-
perty of the said parties of the first part, that is to say, the
Line of Railway and all the Lands of the Company lying
within Wayne, Macomb and Saint Clair Counties, and in
the City of Detroit, together with all the blanches or
sidings of the said Railroad made or to be made withiyi the
said (bounties, or any of them, or of the City of Detroit, and
the linn thereof, including the right of way, and the land
occupied thereby and laid out and set apart therefor, to-
gether with the superstructure and tracks thereon, and all
bridges, viaducts, culverts, structures, fences, depot and
statiou grounds, and buildings and erections thereon, .and
all other appurtenances belonging to oj' to belong to the
said Railroad, or used or to be used therewith, and all
franchises, rights and privileges of the said pa.- -ies of the
first part in and to the same, and all income derivable or to
be derived therefrom, and all iron rails, chaii-s and equip-
ments, and all engines, cars, tools, materials, machinery and
other personal property and rolling stock of the said parties
of the first part, now, or hereafter belonging to tliem. To
have and to hold the said premises and every part thereof
with the appurtenances unto the said parties of the second
part, their heirs and assigns and successoi's in the said trusts,
upon the following trusts, that is to say :■— In case the said
parties of the first part shall fail to pay the interest on any
of the said debentures, at any time when the same may
become due and payable according to the tenor thereof,'
when demanded, then after sixty days from such default
upon the request of the jjolders of such debentures to an
amount in the aggregate of not less than ten tliousand
riiiJi i'^-fyti'^
rT4i
i
i li
I
pounds sterliug, the juid parties oi" the second j)ail. iiud
their Buccessors in the said trust may enter into and take
possesBion of all or any par^ of the said premises, and as
the Attorneys in fact or agents of the suid parties of the
iirst part by themselves or their agents or substitutes duly
constituted, have, use and employ the same, making from
time to time all needful repairs, alterations and additions
thereto, and after deducting the expen&es of sucii use, repairs,
alterations and additions, and of the expenses of working
tl e said Railroad, to apply the balance of the receipts
thereof to the payment of the interest on all the debentures
secured by this mortgage remaining due and unpaid.
Provided always, that if any accident shall happen while
the said Railroad or any of the property hereby conveyed
is in the occupation of the parties of the second part, either
under tuo foregoing or any subsequent provisions herein con-
tained, whereby the parties of the first part may be rendered
liable to any person or persona for damrges sustained, the said
parties of the second part and their successors in tlie trust
shall not in any way be liable or responsible for the same,
but the same shall be paid and borne by the parties of the
Iirst part, and in case any of the property hereby conveyed
whall from any cause be destroyed or injured while in
possession of the parties of the second part, the said parties
of the second part shall not in any way be responsible for the
same. And ths parties of the first part covenant to indem-
nify and save harmless the ^parties of the second part and
their successors in the trusts hereby created, from all costs,
dairages and expenses to which they may be liable for or
by reason of their taking possession of the said Railroad
and of the property hereby conveyed, and working the said
Railroad, unless euch costs, damages and expenses shall be
occasioned by the wilful default of the parties of the second
part themselves, and not by any servant, ofKeer or agent
»
^^..-^-^T ^1.
1 1 j)ait lUid
and take
ses, and as
irtics of tlio
titiites duly
taking from
»d additions
1 use, repairs,
of working
tke receipts
3 debentures
,nd nnpaid.
ippen wliile
y conveyed
[ oart, either
s herein con-
be rendered
ned, the said
in the trust
or the same,
arties of the
)y conveyed
jd while in
I said parties
iisible for the
it to indeni-
;id part and
)m all costs,
iable for or
ud Haih'oad
ving the said
SOS shall be
Df the second
er or a^'ent
employed by them in the nocc(4«ury working of the '^aid
Railwav. And it is heiebv an^recd, that n the event of
the parties of the second part taking posflet»sion of thr spid
Rrilroad and other property reby conveyed, it shall and
may bo lawful for them to u.'f; the name of tlio Company
ill all matters connected with or arising from the working
of the said Railroad, and t^, uppoiiu or remove all servants
and otiicerK connected with the working of the said Ku.'-
road, and in the place or stead of those removed to nr-'iat
others. Provided always, that the power of removal and
appointment herein contained shall not extend to the Chief-
Engineer, Secretary or Treasurer of tiie said Company. "
And it is hereby agreed between the parties to these
presents, that in case default shall happer to bo mad'^ mthe
payment of the principal money of the [said debentures or
of any of them when they shall become due and payable,
of which default the production of the debentures or any of
them unpaid shall bo sufficient evidence, and sixty days
shall have elapsed from the time of such default without
payment by the Company in the meantime, it shall be
lawful for the said parties of the f>econd part and their suc-
cessors in the said trust, on the written request of the
holders of at least one-fourth of the debentures then un- '
paid, and on being satisfied that payment thceof had been
demanded, without any further consent or concurrence of
the said Company, when and as they shall think fit i taceably
and qizietly to enter into and upon, and to take possession of ad
and every the said premises, and to receive and take the rents,
issue and profits thereof; and after such entry to cause the
said Ijands, Stock, Premises and Franchises, to be sold at
Public Auction, in the said City of , . .roit, giving at least forty ^
days' notice of the time, place and terms of such jalo, by pub-
lishing the same in two Newspapers published in the said City
uf Detroit, and in one Newsj»apor published in each of said
r4
^
coimticb (if any such is publiriiicd) through which the Line
of said Kaih'oad is situate, with liberty, if the Baid parties or
their successors in tlio Trust shall see fit to buy in the said
premises, or any part thereof, at any snch auction, without
being answerable for any loss or diminution in price by
re-saie, in the Bauio manner and witii full power and lawful
and absolute authority to execute to the purchaser or pur-
chasers thereof a good and sufficient Deed of Conveyance
in fee simple for the same, and wliich shall be a bar against
the parties of the first part, their successors and assigns,
and all persons claiming under them of all right, interest or
claim, in or to said premises, or any part thereof, and the
purchaser or purchasers shall not be bound to see to nor be
answerable for the application or non -application of the
j)urchase money, or any part thereof, but payment thereof
to the Trustees for the time being, or to one of them, shall
be a complete .lischargt; ; and the said Trustees shall, after
deducting iVoui the proceeds of said sale the costs and ex-
penses thereof, and ol managing such property, and of such
disbursemems as they shall properly have made, apply so
much of the proceeds as may be necessary to the payment
(»f said princii)al and interest due and unpaid on said De-
bentures, and shall pay over the residue thereof to the par-
ties of the 111 St part ; and the parties of the first part agree
that they will, on the application of the Trustees for the
time being, make and execute any further c- other con-
veyance of the property so sold to the purchaser or pur-
chasers thereof, but it is expressly ( .3clared that the refusal
of the parties of the lir&t part to make oi* execute such
further or other conveyance of the said property shall
not in any v.ay make void or impair the deed of
conveyance hereinbelbre mentioned to be executed by the
Trustees. And the said parties of the first part hereby
covenant to execute und deliver, at the reasonable request
cb the Line
,id parties or
in the said
tion, without
in price by
r and lawful
laser or pur-
Conveyance
I bar against
and assigns,
t, interest or
eof, and the
see to nor be
atiou of the
nent thereof
: them, shall
s shall, after
josts and ex-
, and of such
do, ftpply so
the payment
on said De-
)f to the par-
■t part agree
itees for the
>r other con-
laser or pur-
}.t the refusal
ixecute such
foperty shall
the deed of
jcuted bv the
part hereby
nable request
9
of the parties of the second part, or their successors in the
said Trustj any further reasonable or necessary conveyance
of the premises or property hereby conveyed, or intended
so to be, or any part thereof, to the said parties of the second
part, or their successors in the said trust, their heirs and
assigns for more fully carrying into effect the objacts hereof
particularly for the conveyance of any property, the title
to which shall subsequently, to the date hereof, be acquired
by the said parties of the first part and comprehended in
the description contained in the premises, and for the more
particularly describing by metes and bounds or otherwise,
the property intended to be conveyed or conveyed hereby ;
And it is hereby mutually agreed, and these presents arc
upon this express condition, that on payment of the princi-
pal and interest of said Debentures the estate hereby
granted to the said parties of the second part shall be void,
and the right to the premises hereby conveyed shall revert
to and revest in the said parties of the first part in law, and
in fact without any acknowledgment, satisfaction, re-convey-
ance re-entry or other act. And it is also further mutually
agreed that the said parties of the second part, and their
successors in the said Trust and their assigns, shall be
entitled to receiv-e proper and reasonable compensation for
every labour or service performed by them in discharge of
their TruGt in case ihey shall be compelled to take possession
of said premises, or to manage the same, or to enforce the
payment of the said Debentures or any of them^ and shall
and may for that purpose appropriate to themselves any
moneys sufficient therefor which may come into their
hands. And it is further mutually agreed, that in case of
the death, incapacity or resignation of eitlier oi* bo<^^h of the
said parties of the second part, all his or their estate, right,
interest, power and control in the premises, shall be divest-
ed, ce<ise and determine, and the samf shall, from thence-
s,
I
10
forth, for the purposes aforesaid, be vested in Mud all and
sinsular the Trusis and duties herein before enumerated,
shall devolve upon such person or persons as the parties of
the first part shall, with the assent of a majority in value
of the holders of said Debentures, nominate and ap-
point, provided such assent shall be signified within sixty
days after the same shall have been calledfor by a notice
therefor inserted by the said parties of the first part in
some ISTev^spaper published in the City of Detroit ; And in
in default of any application oeing made by the majority
in value of the holders of such Debentures for the appoint-
ment of any particular person or persons, the Directors of
the said Company shall appoint such person or persons to
be the new Trustee or Trustees, as to them may seem ex-
pedient, to supply the place of both or either of the said
Trustee or Trustees so dying, resigning, or becoming inca-
pacitated as aforesaid, and thereupon such new Trustee or
Trustees shall become vested for the purposes aforesaid, with
all the rights aiid interests hereby coveyed to ov vested in
the said parties of the second part, without any further as-
surance or conveyance for the same ; but if the same shall
1)0 necessary, both or either of the parties^hereto shall exe-
cute any necessary releasee or conveyances for that pur-
pose. It is also further agreed that the said parties of the
second part, or either ot them shall and may be relieved
from the Trusts hereby created upon, giving sixty days
notice, in writing, uf their or his desire to be releived from
the said Trusts, and that from and after the expiration of
sixty days from the giving of such notice, the person or
persons giving the same shall cease to be a Trustee o'-
Trustees, .or to have any estate or interest in the premises,
save only for the purpose of executing a conveyance, if
necessary, to any new Trustee or Trustees ; and the provi-
«.ions heroin contained whall apply and bo in forces a$ regards
11
Mud all and
enumerated,
le parties of
ritv in value
te and ap-
within sixty
r by a notice
first part in
oit ; And in
the majority
the appoint-
Directors of
)i* persons to
lay seem ex-
• of the said
omina; inca-
w Trustee or
foresaid, with
or Tested in
y further as-
5 same shall
jto shall exe-
for that pur-
arties of the
be relieved
ag sixty days
•eleived from
expiration of
le person or
a Trustee o'-
the premises,
mveyance, if
id the provi-
c(^ a$ rejyards
any new Trustee or Trustees vho may from time to time
hereafter be appointed in the place or stead of the parties
of the second part, or either of them ; And the parties of the
iirst part further covenant with the parties of the second part,
and their successors, in the said Trusts, that the said Com-
pany shall and will pay, or cause to be paid, to the holder or
holders thereof, all and every of the saidDtbentures, when
they shall respectively fall due, and the interest thereon
half-yearly, at the place therein mentioned, and in manner
and form as therein expressed. And the said parties of the
first part further [covenant and agree that the holder or
holders of any or either of the said Debentures, may at any
time, within the time limited by the said Debentures, upon
signifying his intentions to that effect to the said Company,
convert the said Debenture or Debentures into so much ,
Capital Stock of the said Company, and that upon cancel-
lation and delivery up of any such Debenture or Deben-
tures to the Company, the said holder or holders thereof
shall be entitled to an amount of paid up capital Stock of
said Company, equal to the amount of such Debenture or
Debentures ; and the said Company shall and will deliver,
or cause to be delivered, to such holder or holders scrip for
the same in full payment or discharge of the Debenture or
Debentures so given up ; and in the event of any of the
said Debentures _ being so converted into [stock, the said
Company shall and will cancel>nd destroy each and every
such Debenture so con\ orted, and shall not and will not
re-issue the same to any person ^whomsoever. And it i^
further mutually agreed that each of the said Debentures,
after having been signed by the President and Treasurer of
the said Company, shall be authenticated by the signature
of the said Tliomas Gait ; and such Debentures signed and
authenticated as aforesaid to the amount of two hundred
I
it
12
and twenty-five thousand pounds sterling, and none other
shall be deemed to be secured by virtue of these presents ;
And the said parties of the first part hereby covenant, pro-
raise and agree to and with the said parties of the second
part, their successors in the said Trust and Assigns, that
they, the said parties of the first part, at the time of tbo en-
sealing and delivery hereof, are, and stand solely, rightfully
and lawfully seized of a good and perfect, absolute and in-
defeasible estate of inheritance, in fee simple, of and in the
lands, tenements and hereditaments hereinbefore described,
with their and every of their appurtenances, and of and in
every part and parcel thereof, without any or any manner
of reservation, limitation, provisoes or condition, or any
other matter or thing to alter, charge, change, encumber, or
defeat the same ; and also that they, the said parties of the
first part, now have in themselves good right, full power
and lawful and absolute authority to grant, sell, alien, con-
vey and confirm the said lands, tenements and heredita-
ments hereby conveyed, or intended so to be, with the
appurtenances unto the said parties of the second part, tlieir
successors in the said trusts and assigns, in manner and
form aforesaid. And the parties of the first part hereby
further covenant with the parties of the second jDart, their
successors in the said trust and assigns, that they, the said
parties of the first part, will forthwith complete and make
perfect (where the same may be now defective,) their title
to any and all of the lands and premises by them set
apart and taken possession of for the said Railroad of the
said Company, and the same reassure to the said Trustees,
upon the provisions and upon the said Trusts and purposes
as hereinbefore mentioned. x\nd the parties of the second
part, each for himself, his heirs, executors and administra-
tors, and not the one for jtho other, doth herc])y covonaut
[id none other
lese presents ;
jovenant, pro-
of the second
Assigns, that
ime of tha en-
ely, rightfully
)8olute and in"
, of and in the
ore described,
and of and in
r any manner
lition, or any
, encumber, or
parties of the
lit, full power
ell, alien, coii-
and heredita-
be, with the
and part, their
I manner and
1 part hereby
md j)art, their
they, the said
3te and make
ve,) their title
s by them set
ailroad of the
said Trustees,
I and purposes
of the second
id administra-
rc]>v CO von ant
18
and agree with the parties of the lirst part, that so long aw
he shall bo and remain a Trustee under this Indenture, he
will well [and truly observe, perform, fulfil and keep the
Trusts hereby created, and on his part to be observed, per-
tbrmed, fulhiled and kept. Lastly, it is hereby declared
and ag''eed l^etween the parties to these presents, that the
said parties of the second part their heirs, assigns and suc-
cessors in the said Trusts, or the survivor of them, and such
new Trustee or Trustees as aforesaid, and his heirs, execu-
tors and administrators of them and each of thsm, shall be
charged and chargeable respectively only for such moneys
as they Jiall actually receive by virtue of the Trusts hereby
ill them reposed, notwithstanding his or their giving or sign-
ing any receipt for the sake of comformity, and any one or
more of them shall not be answerable or accountable for the
other or others of them, but each and every of them only
for his and their own acts, receipts, neglects and defaults
respectively ; and that any one or more of them shall not
be answerable or accountable for any Banks, Banker,
Broker, or other persons with whom or in whose hands any
part'of the Trust moneys shall or may be deposited or lodged
for safe custody, or otherwise injthe execution of the Trusts
hereinbefore mentioned, and that they or any of them shall
not be answerable or accountable for the insufficiency or de-
ficiency of any securities, stocks or iunds in or upon which
the said Trust Monies or any part thereof shall be placed
out or invested, nor for any other loss, misfortune or damage
which may happen in the execution of the aforesaid Trusts,
or in relation thereto, unless the same shall happen by or
through their own wilful defaults respectively.
In Witness whereof the said Company have hereunto
S3t their corporate seal, and the President of the Com-
pany has hereunto set his hand, and the said parties of tlie
I
14
second part respectively have hereunto set their hund.s and
seals on the day and year first above written.
Signed, Sealed and Delivered Y
In the, 2yi'e8cnG(^ of )
THOMAS E. BLACKWELL,
President. [l. 8.J
C. S. aZOWSKI. [l. s.]
THOMAS GALT. | l. b.]
1:1
ir liund.s and
15
rELL,
nt.
[l. s.]
[l. s.]
I L. S.]
Copy of Acknowledg'tuent Endorsed ou Deed.
State of Michigan, )
County of Wayne. \ On this twenty-ninth day of
September, eighteen liundred and fifty-nine, before me, u
Notary Public in and for said ('onnty of Wayne, came tbu
within named Thomas E. Blaokwf.ll, tlio President of tlui
Oliicago, Detroit and ('anada Grand Trunk Junction Kail-
road (lompany, and acknowledged that iie executed tlie
foregoing Indenture as the Deed (A' said Company, for
the uses and purposes I herein mentioned ; that the fceal
affixed to the saidjndenturc is the corporate seal of tlie said
Compan}', and was affixed to said Indenture by order of the
Sharebolders or Stocklioldei'S tliereof, and that he, by like
order of said Sharebolders or Stockholders, did subscribe
his name thereto as President of said Company.
And 1 further certify tliat I know said Thomas. E.
Blaokwell personally, and as President as aforesaid, and
that said seal is the seal of said Company.
{Sigju'd.)
ALEX'R. J. EKASER.
NotM-y Public iiinnd for thcsfiid Coiruiij nt' Woiin(.