Vault Early Papers of the University Box 1 Document 2 Folder Sewanee Mining Co.

Sewanee Miñg. Cõ. To University of the South Deed

Sep[t?r?][.? ,?] 23f 185[8?]

Sept 23 1858

Paid [-?] 2[5?]

D[ec?] 31.'58

Reg. fee $2.00.

[Be?a?i?o?] Y [Fox?] [302 33 334?] [335 & 336?]

and covenants [with?] the said University of the S[out?]h to trans[por?]t over its rail[road?)?] from either terminus thereof free of charge and from and to such point or points as the Trustees of said University may designate Twenty Thousand Tons of Material for University purposes, the expenses of loading and unloading to be paid by said Uni= versity.

Said Sewanee Mining Company further covenants that it will give to said University the right to cut pine timber on the other lands belonging to the com= pany after the exhaustion for University purposes of that on the Five Thousand Acres aforesaid, and to the extent and quantity of One Million Feet board meas= ure[,?] provided there be so much on said property and that the same be at that time required for University purposes. The words "provided there be so much on said property" in point of time, refer to the time of the exhausting the timber on the Five Thousand Acres aforesaid.

Said Sewanee Mining Company further covenants with said University of the South, that it will give to the said University or Trustees for the use of the Uni= versity Two Thousand Tons of Coal within Ten Years, to be used only for the purposes of said University and not to be sold by the University : the coal to be furnish= ed and delivered by the said company at such point on its road as may be designa= ted by the Trustees.

This Deed is executed upon the further proviso and conditions, that the trustees of said University have agreed that neither they nor their successors will at any time use any part of the said Five Thousand Acres of Land for mining purposes or dig up or mine the same for coal or allow any part thereof so to be used by any other person or persons buying or leasing from them; and that active operations shall be commenced for the construction of the buildings of the University on the lands above described within three years from the twenty seventh day of April 1858. And if the said University shall not be put in operation within ten years the said lands shall be re-conveyed by said University to the said Sewanee Mi=