I, WILLIAM A. BUTLER, Clerk of the City and County of New York, and also Clerk of the Supreme Court for the said City and County, the same being a Court of Record, do hereby certify that John A. Pattisor has filed in the Clerk's Office of the County of New York a certified copy of his appointment as Notary Public for the County of Kings, with his autograph signature, and was, at the time of taking the proof or acknowledgment of the annexed instrument duly authorized to take the same. And further, that I am well acquainted with the handwriting of such Notary, and verily believe that the signature to the said certificate of proof or acknowledgment is genuine. I further certify that said instrument is executed and acknowledged according to the law of the State of New York. In Testimony Whereof, I have hereunto set my hand, and affixed the seal of the said Court and County, the 6th day of Nov., 1880. WM. A. BUTLER, (SEAL.) Clerk. Recorded Dec. 24, 1880, 9 h. A. M. Deed Bk. No. 153, p. 36. JAMES W. HORTON, Clerk. STATE OF NEW YORK, SS.: I, EDWARD F. GROSE, Clerk of the said County of Saratoga, and Clerk of the Supreme Court of said State for said County, do certify that I have compared the preceding copy with the original Record of a Deed in my office, and that the same is a correct transcript therefrom, and of the whole of said original. In Testimony Whereof, I have hereunto subscribed my name, and affixed my official seal this 4th day of Nov., in the year 1889. EDWARD F. GROSE, (SEAL) Clerk. CONTRACT BETWEEN THE BOSTON, HOOSAC TUNNEL AND WESTERN RY. CO. AND THE MECHANICVILLE AND FT. EDWARD R. R. CO., MAY 9, 1882. REGARDING RESPECTIVE RIGHTS AT MECHANICVILLE AND GRANTING THE BOSTON, H. T. & W. TRACKAGE ON PART OF THE ROAD OF THE MECHANICVILLE & FT. E. WHEREAS, The Mechanicville and Fort Edward Railroad Company, a corporation duly organized under the laws of the State of New York, have become possessed of certain rights of way, acquired by the Schuylerville and Upper Hudson Rail Road Company, in and near the Village of Mechanicville, in the county of Saratoga, connecting with the Rensselaer and Saratoga Rail Road near and North of the Freight House of said Company, and WHEREAS, The Boston, Hoosac Tunnel and Western Railway Company, a corporation duly organized under the laws of the State of New York, propose to and have, constructed and laid down their tracks over and upon a portion of the rights of way thus belonging to said Mechanicville and Fort Edward Rail Road Company covering about eight thousand feet measuring from the intersection with the Rensselaer and Saratoga Rail Road Company line near the said Freight House, and WHEREAS, The said Boston, Hoosac Tunnel and Western Railway Company have also constructed a line of double tracks diverging from the line before described on the North Easterly side of the Mill Pond in said Village of Mechanicville about two thousand feet from the intersection of said Mechanicville and Fort Edward Rail Road, with the said Rensselaer and Saratoga Rail Road which line curves to the North and intersects the aforesaid Rensselaer and Saratoga Rail Road line about eighteen hundred feet Northerly from the North end of said Freight House on Rensselaer and Saratoga Rail Road over lands and rights of way, procured by said Boston, Hoosac Tunnel and Western Railway Company and forming with the line before described what is called a Wye,-and WHEREAS, It is desirable and for the interests of both of said. corporations to own and operate the line thus constructed and described jointly, NOW THEREFORE, for and in consideration of the premises herein. set forth, and of one dollar to each of the parties hereto by the Contract with Boston, H. T. & W. other paid, at or before the execution hereof, the said Boston, Hoosac Tunnel and Western Railway Company, party of the first part, and the said Mechanicville and Fort Edward Rail Road Company, party of the second part, hereby agree as follows, viz: FIRST: The two lines of connection with the Rensselaer and Saratoga Rail Road, at Mechanicville by the Wye from the Northerly, or North Easterly side of the Mill Pond, the one over the line of location adopted by the party of the first part, which may for brevity be styled the North leg of the Wye, which intersects, and connects with the Rensselaer and Saratoga line at the point about eighteen hundred feet North of the Freight House of the Rensselaer and Saratoga Rail Road Company, as located and adopted by the party of the first part, and the other, the South leg which passes Over the line of location adopted for the road of the party of the second part, and which connects with the aforesaid Rensselaer and Saratoga Rail Road, a few rods North of the Freight House of said Rensselaer and Saratoga Rail Road Company; together with the line of road running North Easterly from the divergence of the two lines of the Wye, to a point on the curve which leads to the Bridge over the Hudson River on the line of the party of the first part, in all covering a distance, measured on the south leg of the Wye, of about eight thousand feet from the junction with the Rensselaer and Saratoga Rail Road, are in each and every part to be completed with a double line of tracks at the joint expense of the parties hereto, and when so completed the cost and expense of the construction and completion as a first class line as well what has already been done by both parties as what remains to be done is to be apportioned and paid by the parties hereto, one half by the party of the first part, the other by the party of the second part. In adjusting the amount to be paid by each of the parties hereto; no account is to be made of the amounts paid by either party for right of way on the several lines, but each party shall be allowed and credited with the value of the grading and other work heretofore performed by each, to be ascertained by some equitable measurement or estimate, or by the account of expenditure kept by either party. SECOND: The party of the second part shall have the right to connect the line of their railroad with both of the tracks hereby provided for at the most convenient point on the curve to the East leading to the bridge over the Hudson River, at the terminus of the Contract with Boston, H. T. & W. section of tracks hereby provided to be constructed at the joint expense, and to enable the party of the second part to do so, the party of the first part shall furnish and convey to the party of the second part right of way, not less than four rods in width to enable them to do so at said point said right of way extending Northerly to intersect the line of location of the road of party of the second part, near the first Highway crossing to the North. THIRD The connections with the Rensselaer and Saratoga Rail Road at either terminus of the Wye shall be made so as to pass trains over and into the proper main tracks respectively, at the most convenient and natural points in said lines, crossing with points or connecting by switches with the side tracks of the R. and S. R. R. Co. intersected by the lines of the Wye so as to make the connections as convenient for the transfer of trains, and as unobjectionable to the aforesaid Rensselaer and Saratoga Railroad Company and the Lessees thereof, as is practicable, and so as to secure perfect safety to trains in transit ou said lines, and in all cases the plans for said connections shall be submitted to and approved by the Delaware and Hudson Canal Company, the Lessees of the Rensselear and Saratoga Rail Road. FOURTH The line of Railroad herein provided to be constructed, at the joint expense of the parties hereto throughout its whole extent over both legs of the Wye, together with the rights of way for the same, not exceeding four rods in width, procured by either of the parties hereto shall be held and owned as the joint property of the parties hereto, and be maintained in repair at the joint expense of the said parties, and operated, as a double track railroad, the rolling stock and motive power and trains of each having equal rights to pass through and over the tracks in each direction, each keeping to the right, as is the custom on double track lines of rails, and no trains shall, uuder any circumstances, be allowed, by either party, to stand on the tracks, nor shall the main lines of track be used by either party except for passing of trains over the same and all switching into side tracks from the main tracks shall be done so as not to interfere with or detain trains in transit over the same. herein provided for over the same, by and regulations as FIFTH The maintenance of the road bed and its use for the passage of trains through or the parties hereto, shall be subject to such rules may be adopted jointly by the parties from time to time, and the execution or enforcement of the rules and regulations thus adopted, Contract with Boston, II. T. & W. as well as the supervision of the maintenance, repairs and operation of the line, shall be under a Superintendent appointed for that special purpose by the joint action of the parties, and who shall be entirely disconnected with any other service to either of the parties hereto, and the Pay Rolls and Vouchers for expenditures shall be in detail, certified by him, in duplicate, and a copy delivered to each of the parties at the close of each month and the amount apportioned to each of the parties shall be paid in such manner as may be adopted, one half by each party. SIXTH In the introduction of cross-over tracks between the two main tracks, and in the introduction of switches from the main tracks, for side tracks by either or both of the parties hereto it shall be the duty of the parties to refrain as far as is consistent with due economy and safety in managing its traffic over the lines hereby provided, from breaking into the main tracks by switches, and in the introduction of necessary side tracks they shall be so arranged, when practicable, that but one switch shall be introduced, and all switches from the main tracks shall be of the most approved safety pattern and all crossings from one track to the other, and switches from the main tracks shall be protected by the most approved locked signal so that the switch cannot be turned off the main line without the signal being first turned to guard the approach to it. All the switch tenders and attendants on signals, governing the movements of trains on or over the main lines hereby jointly constructed, shall be subject to and subordinate to the Superintendent of road bed and tracks herein before provided for. SEVENTH The joint rules to be adopted as hereinbefore provided, and all regulations governing the use, maintenance and care of the lines shall be printed on the time tables of the parties hereto and distributed to the employees of each of the parties, and any infringement of such rules shall be immediately reported to the proper authority of the parties hereto, by the Superintendent in charge of the lines hereby provided for, and it shall be the duty of the said party to investigate and use such disciplinary measures as the gravity of the offence may require. EIGHTH It is further agreed by the parties hereto that in case any questions or disputes arise affecting any of the conditions of this agreement or as to the rules and regulations which may be adopted for the use of the tracks or the expense of maintaining the same or as to the construction of any of the clauses herein contained, such questions and disputes shall be submitted to the State |