Library of the University of North Carolina Endowed by the Dialectic and Philan- thropic Societies Of 385. \- rtSli^ EEPORT OF THE DIRECTORS OF THE FORTH CAROLINA RAILROAD. Digitized by the Internet Archive in 2012 with funding from University of North Carolina at Chapel Hill http://www.archive.org/details/reportofdirector1877 •3.) [CIRCULAR.] Salisbury, July 12th, 1877. To the Stockholder* of the North Carollim Railroad Com- pany : Resolved, That the Board of Directors be requested to examine carefully into the collaterals deposited by the Richmond & Danville Railroad Company to protect the lease, and to report to the stockholders in a circular within thirty days. 1st. What these collaterals consist of ; 2nd, giving fuU description of same; 3rd. reporting market value of same ; and 4th, whether or not the collaterals are suffi- cient according to the terms of the lease. Should the collaterals be insufficient, the Directors are requested and required to at once notify the Lessee to make good the collaterals according to the terms of the lease. That the Directors enquire as to the bond given ac- cording to terms of lease to keep up the Road, etc., and report fully in the circular, the obligors on the bond and as to its solvency. Greensboro, Aug. 8th, 1877. Ln obedience to the foregoing resolutions, the Board of Directors report that they have performed the duty imposed and find deposited with the Cashier of the First National Bank of Charlotte, K C, the following (4) bonds as collateral security for the semi-annual payment of one hundred and thirty thousand dollars ($130,000) lease money. One hundred and fifty-eight (158) first mortgage 6 per cent, bonds of the North Western North Carolina Rail- road Company of one thousand dollars ($1,000) each, due A. D., 1902, with coupons attached from and including Octobor 1st, 1873. These bonds are a portion of five hun- dred thousand dollars ($500,000) first mortgage bonds ot the North Western North Carolina Railroad Company, and are endorsed by the Richmond & Danville Railroad Company. Also seventy (70) first mortgage 6 per cent, bonds of the Richmond k Danville Railroad Company of one thousand dollars ($1,000) each, due A. D. 1890, with coupons from May 1st, 1872. These bonds are a portion of two million dollars ($2,000,000) mortgage bonds of Richmond & Danville Railroad Company, authorized by act . of General As- sembly of Virginia, dated February 22d, 1807 : mortgage dated 18th of June, 1867. We find in the hands of the Treasurer of the North Carolina Railroad Company a bond of the Richmond & Danville Railroad Company for one hundred and thirty thousand dollars ($130,000) under seal of said Richmond & Danville Railroad Company, and signed by A. S. Bu- ford as President therof, which bond is as follows : S130,000. The Richmond & Danville Railroad Com- pany, a corporation, incorporated by the State of A'ir- ginia, doth hereby acknowledge itself, its successors and assigns, to be held and firmly bound to the North Caro- lina Railroad Company, a corporation incorporated by the State of North Carolina, its successors and assigns, in the sum of one hundred and thirty thousand dollars ($130,000) for the true and faithful payment whereof the » ■ 6 (5) Richmond & Danville Railroad Company aforesaid doth hereby bind itself, its successors and assigns firmly by these presents. Witness the signature of the President of the said Richmond & Danville Railroad Company, and the corporate seal thereof this 12th day of Septem- ber, 1871, The condition of the above obligation is such, that whereas, by deed between the parties hereto bearing date the 11th day of September, 1871, the Xorth Carolina Railroad Company aforesaid did lease and farm out for a term of years its Railroad roadbed, superstructure and other property in said deed more fully set forth to the said Richmond & Danville Railroad Company, and in consideration thereof the latter company did by the deed aforesaid covenant as follows : And for the consideration aforesaid the said party of the second part doth covenant with and oblige itself unto the said party of the first part to keep the said Railroad, Roadbed, superstructure, depots, buildings, houses, shops, engines, cars, fixtures, and other property of every kind and every part thereof, so hired, let, " farmed out," and delivered in equaly as good condition and repair as when so delivered to it ; or to keep in the place of the same like things of equally good condition and repair ; and to return at the end of the said term of thirty (30) years, or at the termination of the said lease, to the said party of the first part the said Railroad roadbed, superstructure, depots houses, buildings, shops, engines, cars, fixtures, and other property, and all and every part thereof, in as good con- dition and repair, as when so delivered to said party of the second part, or other property when any part of said property shall be worn out, destroyed, or abandoned, as good in quality and substance and in like good order and repair, and for the faithful keeping and performance of the covenant and obligation last aforesaid, the said party (<5) of the second part doth covenant with and oblige itself unto the party of the first part to execute to the said party of the first part a bond good and sufficient at all times in the ability of its makers to pay in the sum of one hundred and thirty thousand dollars ($130,000) con- ditioned for the faithful keeping and performance of said last named covenant. Now if the Richmond and Danville Railroad Company aforesaid, its successors and assigns shall faithfully keep and perform the covenants herein above recited, then the above obligation shall be void, otherwise remain in full force and virtue. THE R. & D. RAILROAD COMPANY, By A. S. Bi ford, Prcst. The Directors report that the market value of the first mortgage bonds of the Richmond & Danville Railroad Company is seventy-three cents on the dollar, but are unable to determine the market value of the one hundred and fifty eight thousand dollars ($1-38,000) of bonds of the North Western North Carolina Railroad Company, as they do not find them quoted upon any Stock Board, and further state that in their opinion the collaterals de- posited are not sufficient according to the terms of the lease, and have therefore adopted the following resolution : Resolved, That the President of this Company notify the Richmond & Danville Railroad Company that it must at once deposit one hundred and thirtv thousand dollars ($130,000) in cash, or its equivalent in U S. bonds, or bonds which sell upon the Stock Board for this sum ; or if the said Richmond & Danville Railroad Company elect so to do, that it may deposit first mortgage bonds of the Richmond & Danville Railroad Company or first mort- (?) o-age bonds of the Piedmont. Railroad Company to the amount of one hundred and fifty thousand dollars ($150,000) in market value ; and in regard to the bond of one hundred and thirty thousand dollars, ($130,000) the Directors have adopted the following resolution : Resolved, That the bond of the Richmond & Danville Railroad Company for the sum of one hundred and thirty thousand dollars ($130,000) for the keeping of the fcorth Carolina Railroad in good condition and repair and for the return of said Railroad in good condition at the ter- mination of the lease is not a compliance with the terms of the lease, and that the said bond is not good and suffi- cient in the ability of its makers to pay the sum of one hundred and thirty thousand dollars, ($130,000) and the Richmond & Danville Railroad Company be required to give good and sufficient security in the sum of one hun- dred and thirty thousand dollars ($130,000) for the faith- ful keeping and performance of the said covenants of the lease. Respectfully submitted, By order of the Board' of Director? of the North Car- olina Railroad Company. "W\ L. Thornburg, Secy, UNIVERSITY OF N.C. AT CHAPEL HILL 00042093331 FOR USE ONLY IN THE NORTH CAROLINA COLLECTION