Monopolies -- United States; Railroads and state -- United States
1. The said parties of the second part, their survivors and successors,
trustees as aforesaid, in all their acts and doings in the execution and
performance of said contract, and in the execution of their several
trusts and conditions herein set forth, shall act by the concurrent
assent of four of their number, expressed in writing, or by yea and nay
vote, at a meeting of said trustees, either or both of which shall be
recorded in a book of proceedings of said trustees, kept for the purpose
by their secretary, and not otherwise.
2. Said parties of the second part shall keep an office in the city of
New York for the transaction of the business incidental to said trust.
Meetings of said trustees may be held on call of the secretary on
request of any two of their number; such call may be made personally or
by mail.
3. The said trustees shall appoint a competent person as secretary, who
shall keep a faithful record of all their acts, proceedings, and
contracts, in books to be provided for that purpose, and shall cause to
be kept suitable books of accounts and vouchers of all their business
transactions, which books shall at all times be open to the inspection
of any of said trustees.
4. The said trustees shall cause a monthly statement to be made, showing
the amount due from the Union Pacific railroad company on account of
work done or equipment or material furnished under the contract,
according to the estimates of the engineer of the Union Pacific railroad
company, as provided in said contract, a copy of which statement shall
be furnished to the Credit Mobilier of America.
And the above transfer and conveyance of said contract is made upon the
further trust and condition:--
1. That in case of death, declination, disability, by reason of sickness
or absence from the country for the space of six months, or neglect to
fulfil the duties and obligations of said trust for the same time by
either of said trustees, the remaining or surviving trustees may declare
the place of said trustee to be vacant, and to fill such vacancy by vote
in manner aforesaid.
2. That in case any one of said trustees shall wilfully neglect or evade
the performance of his duties as such trustee, or shall wilfully attempt
to hinder, delay, obstruct, or interfere with the execution or
performance of said contract, or the due execution or performance of
said trust and conditions, according to the true intent thereof, or
shall appropriate to his own use or benefit any money or other valuable
thing belonging or appertaining to said trust, fund, or property, he
shall not be entitled further to act as such trustee, or to receive any
of the benefits of said trusts, either as shareholder in said Credit
Mobilier of America, or otherwise.
The parties of the second part do hereby accept the said trust, and
agree faithfully to execute and perform the same according to the terms,
conditions, and limitations herein set forth.
Public-domain text, read in full here on John Shaqi.
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