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Articles of Agreement, between the Confederate States of America,
acting herein by Captain Thomas B. Lee junior, of the Engineer
Department of the Confederate States Provisional Army; and the Texas
& New Orleans Railroad Company, acting by its President Col. A. M.
Gentry as follows, to Wit,
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| Whereas the Confederate States have
advanced to the said Rail road Company the Sum of Two Hundred and
Eight Thousand Dollars in their Eight per cent Coupon Bonds, Now the
terms, conditions and agreement on which the said sum was advanced by
the Confederate States, and the same received by the said Company
hereby Expressly binds and obligates itself are, |
| I. That the said Sum has been so advanced upon
Estimates that the same is sufficient to cover the Sum of Twenty two
thousand Nine hundred and fifty seven 78/100 Dollars, expended for
construction of said Road during the last Year, and to put the said
Road in good and complete running order. |
| II. That the remainder of said sum, viz: one hundred
and eighty five thousand, one hundred and forty two 22/100 Dollars
shall be expended in construction and repairs on said Road; and the
entire Road from Houston to Orange shall be forthwith put in good and
complete running order. |
| III. The work on said Road Shall be subject to the
inspection and approval of a competent officer appointed by the
Confederate States to whom true Reports of the Disbursements therefor,
shall be regularly made by the said Company whenever demanded by said
officer. |
| IV. The Said Company Shall promptly transport over the
Said Road, Until the close of the present war, all the freight and
passengers the Confederate States Government and the Military
authorities thereof may desire to pass over the same, at the rates
fixed or to be fixed by law and contract; and the said Government and
its Military authorities shall in all Cases have the preference over
all others for such transportation throughout the War. |
| V. All the charges of said Company for such
transportation or so much thereof as the Government may desire, shall
be credited on the obligation executed by said Company to the
Confederate States for the repayment of the said sum of Two hundred
and eight thousand Dollars. Statements thereof shall be made monthly,
and an Interest Account thereon at Eight per cent, to be kept by said
Company, and the aggregate amount thereof shall be adjusted and
credited against the annual payment on said obligation, secured to the
Confederate States. And the Confederate States shall not be obliged to
make any other or further payment for transportation on said Road
(except as they may be willing or agree to do) until the entire
repayment of said advance of Two Hundred and Eight Thousand dollars
and the Interest thereon. |
| VI. Should the Inspecting Officer appointed by the
Government, report against the work which shall be performed by said
Company, or that said advance has not been expended on the road
according to the terms hereof and that said Road has not been put in
good and complete running order, or should the said Railroad Company
fail to perform the Transportation required over said Road by the
Government or its proper Military Authorities, or in any other
particular to keep and comply with these articles of Agreement, then
and in that case, it is expressly Provided, that all the installment
and payments of said sum of $208,000 secured by the obligation of said
Railroad Company to the Confederate States dated the 9th day of April
1863, shall at once mature and become payable and that the Mortgage
executed by said Company of even date therewith shall be in full force
and effect for the same; and that the Confederate States and the
proper officers thereof having charge of this Business, shall
therefore have the right and power to enforce the said obligation and
Mortgage for the full amount of the principal thereof viz: $208,000.00
and interest thereon to date. |
| Executed in quadruplicate at Houston Texas
this ninth day of April 1863. |
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Confederate States of America
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| by |
| Thos B Lee jr Capt Engrs P. A. C. S. |
| Texas & New Orleans R. R. Compy |
| by |
| A. M. Gentry President |
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| The State of Texas |
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Harris County
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| Before me William Onduz a Notary Public in
and for Harris County in the State of Texas this day came personally
Thos. B Lee Jr. Capt Eng. P. A. C. S. and A. M. Gentry President of
the Texas & New Orleans R. R. Co. to me well known and
acknowledged the Exconhire of the foregoing instrument of writing
dated April 9, 1863 in their respective official capacity for the
considerations spurposes therein stated. |
| To certify which I have herewith set my hand and Notary
Seal this 25 April AD 1863 |
| William Oudez |
| Notary Public H C |