NA, T&NO 5/7/1862

Ballinger & Jack
Attorneys at Law
Galveston, Texas
 
Galveston May 7/62
 
   Whereas the Texas & New Orleans Rail Road Company are indebted to R & D. G. Mills in a balance on account of charges on Rail Road iron of Three Thousand Dollars which they are anxious to secure and pay with interest, now, therefore, the said Rail Road Company, through its President, A. M. Gentry, has ???, constituted and appointed, an does hereby ???, constitute and appoint John R. Mills, one of said firm of said R & D. G. Mills, it true and lawful attorney and agent, for the purpose of raising a sum of money sufficient to pay off said balance due as aforesaid to said R & D. G. Mills, with interest, on its faith and for the benefit of said Company; and hereby authorizes and empowers its said attorney to execute for said Company a good and sufficient lien upon 883 bars of iron {about 2 miles of track, both rails}, the property of said Company, now in bonded warehouse at the head of "Bean's Wharf" in the city of Galveston, being part of cargo of Bark "Pleiades." The items of said lien are left disentionary to said attorney, it being the intent of this instrument that said attorney shall, in the same and by the authorizing of said company, execute such mortgage or lien as he may find necessary to raise said money, binding said Company to pay such rate of interest therefor as said agent may find necessary and expedient. The said Company reserves the right to redeem said iron by the payment of the debt at any time, and does hereby notify and confirm all the acts and doings of its said agent lawfully done for the purpose of accomplishing the object of this instrument. Said mortgage or lien, to be executed as aforesaid by said Mills, will run for the period of four months, at the least.
A. M. Gentry  Prest
Witness at request of A. M. Gentry
??? ??? Jack
Tipton Walker
 
District of Texas
Port of Galveston
   Before me Tipton Walker Deputy Collector of Customs for the District and port above named personally appears A. M. Gentry to me well known who declared that he executed the foregoing instrument of ??ting as President of the Texas & New Orleans Railroad Company and delivered the same as his act and deed for the purpose and consideration therein Stated.
Given under my hand and seal this the 23d day of June 1862
Tipton Walker
Dpty Coll.

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