which term includes also the survivors or survivor of them their and his heirs
and assigns and the trustees or Trustee for the time being of the now
reciting Indenture when and so far as the context and circumstances admit) of the
other part it was agreed that notwithstanding the proviso in the principal
Indenture that the then Trustees should under the circumstances therein
mentioned permit the company to sell and dispose of and should convey such
part or parts of the said and or any interest therein as therein mentioned permit
the company to receive and retain for the use of the company the proceeds
to arise from any such transactions and that notwithstanding any other
proviso or trust in the hereinbefore recited Indenture contained the
following proviso should take effect that was to say (a) the company
should not except with the previous consent in writing of the then Trustees
be entitled to sell and dispose of at such price or prices and on such
terms as the company might from time to time think fit before the first
day of January one thousand eight hundred and eighty six a larger quantity
of land than fifty thousand acres in all or such smaller quantity of land
as will produce the sum of one hundred thousand dollars purchase money
(whichever limit should be first reached) and the company should except with
such consent as aforesaid only be entitled to sell and dispose of the remainder of
the said lands being two million two hundred and fifty thousand acres
under the following conditions, (b) No sale or disposition of any part of the
two million two hundred and fifty thousand acres should be made at
a less price than one dollar per acre net such price to be paid either
immediately on the execution of the contract for sale or other disposition or on
completion of the purchase or other disposition but if such payment
be by installments after completion of the purchase or other disposition
the balance for the time being of the money agreed to be paid should
be secured until payment by a charge or lien on the property sold
or disposed of (c) one half of the net proceeds of every sale or disposition
of any part of the said two million two hundred and fifty thousand
acres should be paid by the purchaser into the hands of the
Trustees or their Agents to be held upon the trusts in the now
reciting Indenture referred to And whereas by an Indenture dated the
nineteenth day of July one thousand eight hundred and eighty four
and made between the said Charles Townshend Murdoch and
Jan Anne Langerheizen of the first part the said Leonidas Moreau
Lawson of the second part and the said Alexander Crum Maclae and
Henry John Broughton Kendall of the third part the said
Alexander Crum Maclae and Henry John Broughton Kendall
such appointed to be Trustees of the firstly hereinbefore recited Indenture
as modified by the secondly hereinbefore recited Indenture in the place
of the said Leonidas Moreau Lawson and the said lands (except
the small portions thereof which had been sold and conveyed
to purchasers thereof) were granted and conveyed unto and to the
use of the said Charles Townshend Murdoch Jan Anne Langerheizen
Alexander Crum Maclae and Henry John Broughton Kendall
their heirs and assigns upon the trusts by the firstly hereinbefore |