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The sun. [volume] (New York [N.Y.]) 1833-1916, December 09, 1908, Image 13

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030272/1908-12-09/ed-1/seq-13/

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S
j fl
i m toiler of Ui OUy irte um of Ihree ihouiand
iimtitfd dnlfnn 113300 either In money or
fV ritirt lobeiApprovrdby him which fund bill
J i Jr rli for the performance by the Company
iini 1 I terms Mid conditions nf this contract
h uiokc which rein to to Uie payment of the
ul 4IfltI for Ihe privilege hereby graflkd
iii IMICV nl Hie public service rendered the
ir nf the street pnvrmrnl the removal of
t MI nintid HiMiMlIt oConstruction of Hie
iiwv smllncAiicof default in tbe performance
JAIW and condition the
rh imnany of such term
I M htve Ihr ilchV la cause the work to be
I nnn the materials to be urnlahed for the
ton iiT mr thereof after due notlre and shall
I ine rensonnble Oat thereof from the said
dI
j it minimi le < sl jirocecdlngn or slier default
iMVinrnl of tile annual charges shall
1101 ihr wimr with Interest from Ihe said
i I ri let tIftiJi notice In writing lo the Com
in HM ol failure to keep the said terms
minions uf tblt contract relating lo the
> liiillng and llihllnr of cars fenders
u h i ifii nls nOd wateiine of street pavement
I IrIfl > shall pay n penally of lilty dollai
v nri dI for each day of violation and the
4 id vim iff ten dollar tun per day for each
a MI shall nut be properly healed llghled or
mil mil with fendeisor wheel guard In casenf
I It iniailon of the provision relating lo hose
i tie tirm rdtirn for Iho Imposition and collection I
r riHnlllei In Ihi contract shall he as follows I
0 i < iiniiirolleroriheClty on complaint made I
nii in writing notify theComptny through Its I
ihiii lii appear beture lilm on a certain day I
MI us ihin ten loi des after tbo dale of such I
HIhr in nhiiw cause why It should not be penal I
i n uKiirilancc with the toregolng provision I
I l ihi mnintiy fall lo make an appearance or
ftir n hearing appears In Ihc Judgment of the
I iiMiiuruUir ID be In faultnalil Comptroller shall
im iimlth Impose ttoprescribed penalty or where
ihr nniomit of the penalty Is not prescribed I
1cln > uh amount as appears lo him to be
i tml v1lbiiiil legal procedure withdraw
>
tie amount ol sueh penally from the security I
mm iiei > oslt j vtlh him In case ol any drafts
I tiisdewion ihe sot u illy fund Ihe Company shall
il ° n ten ilui dMit notice In writing pay to
i IB U uollrr nf the Cit n sum sunk I rot to
i restnre Mid Mvurlty fund Ui the orlclnsl amount
it three thousand five hundrcJ dollars WWO
and In default thereof his contract shall be can
iiiid und annulled Hi Ihe opUon of Ihe Hoard
aiiiiiE lu behalf of Ihr CIty No Action or pro
enUnir or rlcht under the provisions of this
DnImt kball aftcct any other legal rights
frtnnllra ur causes at action belonging to tbe
I nturr AHruNtiThe grant of this privilege Is
t ilnrrt to whatever right title or Interest the
imniisnl ahtitilni proper or others ma have
In tt4 IK thr streets avenues and highways In
hlrhthclomiianv tsftulnoilzed lo operate
HIKTT THtnu The words miller or dlrec
I linn wherever toed In this contract shall be
deemed in mean a written notice or direction
I ery Mierrnoilro direction tu be servcJ upon
4 ID mrniwiny shall be ilcllvercl al sichofllcr In
thi ID as hhall have been deslgnnled by the
nmpiu or If no such olllre shall liHvc been I
iirslgnatrri or Ifauctt drslcnatlon shall hove br
AIl rt6 vii become lnuicrnllve shall be mailed
In tie City poitage prepaid nddresscd lo the
iiinuian it the City Delivery or mailing of sucb
w iititlreor dlrrrllon us And utirn Above provided
5 hhall be niulvalrnl lo direct pcisonal notice ur
iiiic len and shall be devmeJ 11 liav e been given I
ri ihr lime nl delivery or mnlllnu
TniKTt rot7mi If at nny lime the powcrsof
ne Hoard orany other of iho authorities herein
mentioned or Intended to be mentioned shall lie
trsnaferrrd by Inw lo any other Hoard aUthorIty I
nOcer or ofncrrs then and In such rase such other I
ioarrt anthiirily nrtlcer ur ofllseis shall have I
i r ti the Hi ern iItOtti and duties herein reserved
mnr prescribed for tie Uoartlurulhcr authorities
orflrer iii nfheerO
vx VTIilivntrart Is also upon the further
end cipren nmdltloii that lhe provisions uf the
Railroad l n Applicable thereto and all law or I
iirdinanccs now Hi ton ur vtnlcti may br
udonied arfrcllur the Mtrfare rallwa operst I
Inc In ih < Oily not Inconsistent wIth the orbs
j and rnndltlons herrlnbeforr fixrd shall be strictly
lonipllnl With by the Compant
I
iw tTho Compani iirotnlsca covenants
and ncreo on Us part and behalf to conform to I
and aUlde by and perform all Ihe terms and con
ultluiu Hnd rfqulrcrntnti In UUa contract fixed
and contained I
4 In witness whereof Ihe party of the nrst part I
t IKMasnr thereunto dulr authorized b the
tioard < > l Intimate and Apportionment of said
u hvi caused the corporalr name ol said I
ill 11 br hereunto signed and the corporate
S ial ut said CIty lu be hereunto affixed and the I
crtt of itir second part by Its officers thereunto
i c i > nutborlrrcl has caused Its corporate name
n be Uereunio ilrsrd and Us corporate seal to be
a nil n tn amied the da > and sear first above I
rllfu
THK Crrr or NBW Yon
ll
rNnr Mayor
su
CUV Clerk
titWty CMrjW NKW Yorc CITT
>
Hy I
IrtsnUn I
SMU
nl fitcrttnrii I
i litre add acknowlcdementn
I nvrtf that tbc results ot the Inquiry made
> ILBM as lu tne money value of 4uc Iran
0t if ncnt proposed to be granted and the
u iuae > u 1 ino tuinpeiiiion propoMd lu be
niu mtirinr and nl inc icnns log londltlons
i < iuiui7 Ine prunston as to ram tarts and
arc < > art as htrembclorv > ptined toO gully
i lonh la and by the forteuni lorm of pro
S t > MO contract for Uiu gram ot etch rcncnlie
nznt
llrttltnt That these preambles and resolu
> uIs Inrtucllne the said rfMilullon lur Ito erant of
i iranenikr or rlznt applltd for by tbe Union
UilHtynomiuiiiy ufncw Voru City and the
jid form of proposed contract for me cram of
< tn UanchlM ur right cunlslDine saId results
01 surb Inquiry After tbe same snail entered
in ILL mmutrs of lists Hoard shall be published
ur at leOst twenty 133 days Immediately prior
ni MiUy UeiTmber Ut lain In the City Hecord
iiu 51041 Wire during the ten days Immediately
ormr to IHeembcr in l8 In two dally nenrv
aiert lo le drslenaled by the Mayor therefor
s mi p Mi < 4ied tn Ihe City of New York at tbe
ts < uicnsc of tne Union Hallway Company of New
Virk at > together with the following notice
IU Ult
NOTICE is iiuteiT OIVCK that the Board of
silmatc and pportlonment before autbor
I int any contract for the grant of the fran
HIM or light applied tor by the Union flail
> a > Ioirpanr of New York City and fully set
< tt and described In tho foregoing form
f pruposrd contract for the grant of such
sncsfsc or risfit ssd before odoptln any
rsoljtlon nathorlung any such contract will
n meeting ot Mild Board to he held In the
> u council ChUnbtr City Hall borough of
Manhattan City of New York on Friday
> i ember IB IlM at 1030 oclock A M hold
public hearing thereon at which citIzens
nil be entitled to appear and be heard
Joszrn IlAo Secretary
Nated Vew Vork November IS 1BOJ
PUBLIC NOTICC
Mitt OP ESTIMATE AND APPORTION
MENT CITY OF NEW YORK
Public Notice U Hereby Given that at a meet
X ot the llosrrl of Estimate and Apportionment
> i Id thli day the following proceeding were had
whereas the Union Hallway Company of New
v irk City tm under dale ot July M 1803 made
aiMll allin to this Hoard far the grant of lie
2b > privilege and franchise la construct main
alii and operate a street surface railway upon
nd ajoni ordham Road and West ISUh Street
n the liurouih of The Hronx andover and along
r ei nlversli Heights lirldguand thc approaches
erito and upon and alone Vrst Otb Street and
ttier streets and avenues lu the Borough of Man
ittan and
Whereas Section 82 ot the Railroad Law and
s tlont 73 and 74 ol the Greater New York
r 1 barter as amended by Chapters K8 and 630 of
q ae Lavs of 180 provide for the manner and
eedurc of makIng such grants and
Whereas tn pursuance ot audi law this Hoard
adopted a rouiutlon on October 2 10CW nxlng
ne date tor public heating thereon as October
OS at which citizens were entitled to appear and
ii heard and publication was had for at least
iiirtefn 14 days In the New York Sun and
no New York Tribune newspapers dcslc
< ed by the Mayor and In the Clly Record for
n days Immediately prior to the date of hearing
nd Ibe jubllc bearing was duly held on sucn day
Wnereas this Hoard hi made InquIry as to tbe
inno value of the franchise or right applied for
I no lroroed to he created to he Union ltallway
T esn of New orlc dir and be adequacy
eurnpnsonon proposed to be paId Iherc
is litroforo It a
olirf That the following form of the reso
> i fur the grant of the franchise or right ap
fur b > the Union Railway Complny of New
n C Hi containIng ihe form nf iirnp < v < rd ron
d i fur tne grant ot such franchise or right I
i orth > Introduced and entered In the minutes
nn hoard as follows 10 till I
Httaurit That Ibe Hoard of Estimate and
ipxirilonmeiU hereby grant lo tbn Unlou
i aHiij Cimiany of New York City tbe fran
> U > r lulu fully set out and described In
0 mowIng lorm ot proposed contract for
t fl thereof embodying all tbe terms
nn inndltiunv Including the provisions as lu
> turrt and charges upon and subject to
< rm and conditions In said proposed form I
S i nn rarl rotitalned and that the Mayor of
< I nt iw Yolk be and he hereby Is
0 cd to execute and dellier such con
5 lu be name and ou behalf of the City of
w orlv as follows lo wit I
s lOVrHACT made this day of I
ln ID and between Tae City of New
r rplnalter rilled the City part of tile
1 > Die Mayor uf said Cita actIng for
I n Nf nine of wild Clt under and In pur
0 the authorIty ut the Hoard of festl I
n ami pporllonnient of said City ihereln I
i r i a nr ioMlii arid the union Hallway I
r of vew York Clly hereinafter called
ti Y lart > of the second part wit I I
liritlnri of the mtitiiM covenant And I
r hireln routiilned tile parties hereto I
r M nint and acrce is follow I
I x i lio Clly hereby fronts fi die
1 utilM to Hit condllloni and pro
IpAltir set forth Iho right an rlvl
i ttict malntnln And operate a double
ion to lu present siren surface rail
0 < < nr ieks r > slres and equipment J
i > iv of ionclnir persons ana prop
E HirouElis ot Tiei irons and Manbat I
i < U ot ew York upon Ihc followlnc
no ci en cnndIu WIi be ox I
vt III 0 p ° nr at or note the I
I of itIoick aventla and Furdhan
tifl lkIIiICh of Iic Irons arid run t
r ontnsestrrly In tipon nOd along Ii
riiain riMii nnn iiampocn Plac 0
lliinrtrtit anil KUhly fourth fl ree I I
p wmiliwiierl sid sstefg1y In I
IOVIC 541I W rit Our Hundred and
I Hiln tiTtt bi Its liilrr In will
15 pnMli 1 1 tic falNtrilt Mil Mil
C
e
PUBI4C NOTICES
I
Ilrldge thence woUrty upon and over laid I
Drtdge and tbe easterly and westerly sDI
roaches thereto to West Two Hundred and I
netenlb Street In Ibe llorotifh ol Mtnbiltan I
and tlientr westerly In upon and alone said
Writ Two Hundred and SeVenth street to I
Ainiterdsm or Tenth avenui thence southerly I
In upon and along said Amsterdam or Tenth
avenue to Emerson street thence westerly hi
iiK > n and along said ICruerson atreet to llroad
wa and ronnecilne with the exUtlng dutilile
Irsck railway In uld llroad wa Tne > ald
route with turnouts swItches and crossovers
hereby atUiurUrd It shown upon a map < n
titled
Map allowing proposed railway of the
1 nlon llallnay Ou In the Horough uf Till
llronx and Manhattan City of New Yorkto ac
company petition lo the Hoard ot lUtlnute
and Apportionment dated July 28 189
and signed by I W hltrldge Receiver
T F Mullaney Chief llnzlneer and ndwarc
A Malier Prroldenl a copy of which Is at
tented hereto li to lie deemed a part of this
contrACl is HI be onslrued with tbe et there
of and Is to be substantially followed pro
tided tint deviations therefrom and add
llonal turnouts swltchr and crossover whIch
are consilient with Ibe foregoing description
and the olhir proiltlons of this conlrarl may
tic permuted by revolution ot ihe hoard
I Mix t The grant nl till privilege Is lubleci
I lo tim fnllovlne rondltlnn which shall lie com
I piled with by the Company
I FIRST The consent In welling ot the owner ol
I half In value of the properly bounded on sale
I streets and avenue to the construction and op
I oratIon uf ald railway shall be outalncil by the
I Company within sit month ot the signing1 of till
I contract by the Mayor and n copy of such con
I sent shall he filed wIth the Hoard within such
I lime or In the event that such consents cannot
I be obtained the Company shall wIthIn two
I month thereafter make application to trio Ap
peltate Division of the Supreme Court for Me
I anpolntmenl of Commissioner In Hie manuei
I provided by the Railroad Law to determine II
said railroad ought tn be constructed otherwise
this grMit fcMsll erase and determine
SPcONnThe said right to construct main
I tain and operate said railway shall be held and
I cnlo > ed by the Company for the term of fifteen
I in years from the dale Upon which this con
I tract Ia sinned by the Mayor with the privilege
of renewal of ssld contract for the further period
of twenty < m year upon a fair revaluation ol
I such right and privilege
i If the Company shall determine lo exercise Its
I prlx liege of renewal It shall make application to
ihe Hoard or any authority which snail be author
lied iiy the law to act for the City In plate of lh <
Hoard Such application shall be made at any
time not earlier thin Iwo years and not later than
one year before tbe expiration of the original
I term of this contract The determination of the
revaluation shall he sufficient It agreed la In
I writing by the Company and the Hoard but In
I no case snail Ibe annual rate of compensation
10 the City be UxoJ At a less amount thin that
I sum required to be paid during tbe last year ol
this original contract
I It the Company and the Board shall not reach
such an agreement on or before tbe day one year
before Ihe expiration of the original term of tits
I contract then the annual rate of compensation lot
such succeeding twenty 2O year shall be reason
able and either the City by the Uuardi or toe
I Company shall be uounJ upon request nf the
other tu enter Into e written agreement unit
I each other fixing the rate of sucnrompenialloi
at such amounts as mall be reasonable nut In nJ
case shall the annual rate so axed be less than tbc
sum required to be paid for tbe last year prior
lu the termination of the original terninl this
I contract and If the parties shall not forihwitn
I agree upon what Is reasonable then the parties
shall inter Into a written agreement minf KJITI
annual lute and At such amount as Shall be deter
I mined by three dlsinteiested frceooldersseleted
I In the following manner
I One disinterested treeholder shall be chosen
I by ihe Hoard one illslntciesteil freeholder snail
be chosen by the Company tnese two shall cliuoje
a third disinterested ireenolder and the three S3
chosen shall act as appraisers and shall make the
revaluation aforesaid Such appraisers Bill in
chosen at least six months prior to toe expiration
I ot tOts origins contract and their report snail
be Hied with the loard within three months
I alter they are chosen They ihall art ns AP
I prnUeisiand not as arultratii They may base
their judgment upon their own experience ant
I upon sucn Information as they may ootain by
Inquiries and Investigations without the presence
I
of either party They shall have the right tu
examine any ol the bucks ol the Company and Its
I oflleeis under oath Vine valuations sonser
I talned fixed and determined snail be conclusive
upon both panics but no annual sum shall In
I any event be less than elsa sum requlrej to tie pilJ
I for the last lear ol this original contract If
I In any case Ihe annual rate sliall not be Used
I Prior to the termination of the origlnel term nt
this contract then the Company shall pay the
annual fate theretofore prevailing until the
I new rate shall be determined and shall then make
up lo the City the amount pf any excess 01 the
I annual rate then determined over tile previous
annual rate The compensation and cxpenx
I or the said appraisers snail be borne jointly u >
I the City and toe Company each payIng one bal
thereof
I TumoThe Company shall pay to the City for
I Ibis privilege the following sums of mono
I tu The sum ot three thousand river hundred
dollars 13300 In rasa within thirty Mi day
I after the date on whleu IbIs contract it signed u
I the Mayor
I Ib During the first term of five years an annual
sum which shall in no case be lea than seven
I hundred and fifty dollar I70 and which anal
be equal to three 3 per rent of Ito gross annual
receipts If such percentage shall exceed the sum
of seven hundred and illty dollars I7W
During the second term of me years an annual
sum which shall In no case be Ices than fourteen
bundrcxl dollar IltOOl and whIch Ihall be equal
o live 3 per cent of Its gross annual receipt It
such percentage shall exceed the mm of fourteen
hundred dollars 11400
Durnr the third term of five year an annual
sum which shall In no case be less than fifteen
hundred and fifty dollars S43CO and which ahull
be equal lo five per cent li ol Its gross annual
receipts If such percentge shall exceed the sum
of fifteen hundred and fifty dollar OIUOi
The gross annual receipts mentioned above
shall be that portion ol the gross receipts ot the
company AS hall bear the same proportion to
Its nbole gross receipts as thclrngih of me ex
tension hereby granted shall bear lo the eaUre
length of the line of the company In operation
The payment of such minimum sum ahall
begin from the day on which thIs contract Is
signed by the Mayor
Cl For the use of the university Heights
Bridge during the first term of rive yean the
annual sum ol S2000 during tile second term
of five years the annual sum of 12230 and during
the third term of five years the annual turn of
ii500 The compensation herein reserved sbil
commence from the date of the signing ot ibis
contract by the Mayor
All such sum as above shall be paid Into the
treasury ot tile CRY on November 1 of each year
and shall be far fie amount due lo September
nest precedtct
whenever tie percentage required to be paid
thall esceed the minimum Amount u abuse such
sum over and above such minimum shall be paid
to the saId Comptroller on or before November 1
In each year for the year endIng September 30
next preceding The fiscal year shall end on
September 30 next preceding saId date of pay
ment and provisions ot tIne Railroad Law as It
now exists or as It may hereafter be amended
relating to the matter of payment and stale
menu of percentages of gross receipts of street
tallnay companies cot Inconsistent with this
contract shall be strictly compiled with
The Intention of this paragraph Is to fix an
annual charge to be paId by the Company Its
successors or assigns to The Cllyof New York
for the rights and franchises hereby granted
and U shall not be construed as providing for the
payment by the Company lu successors or as
signs of a percentage ot gross receipt withIn
the meanlnc of any general or JPccial statute
referring particularly to chapter 340 of the Lawn
of 1532
llefore any rights hereby conferred are cOre I
clued by tbe Company and within three 3
months from the date on whlrli tills contract Is
Limed by Ihe Mnyor tlio Company shAHjwiy lo
1hoClty of New York thcum ol twenty thousand
three hundred and elrhlynve dollars and right
cents J3J3JUCW and within three ltl month
Hereafter the further sum of thirtyone thousand
liven hundred and fiftydebt dollars and eight
seven cents H17JSJ said amounts belnif due
under the franchise ot the Company granted lo
i tiy ihe Legislature by chapter 340 01 the Law I
of O3 I
Any and all payment lo be made by the term
of ml contract to the CIty by the Company shall
lot be considered In any manner In Ihe nature oft
a tat but such payment shall be In addition lo
n > and all tiles of whatsoever kind ordrscrlp
lion now or hereafter required to be paid b > any
ordInance of the City or by any law uf rita Stale
of New York
fotinriirupon the termination ot this original
ontrtit or If the same is renewed then at the
rrnilruilun of the sold renewal term or upon the
termInation ot the right heretO granted for any
itter cause cr upon the dissolution ot the Com
pony before such termination the tracks and
equipment of the Company constructed pursuant
to Ibis contract within the street avenues and
hIghways and upon the nrUge Khali become
bo properly of the CIty without com and the
same may be used or dlspoxd of hy Ilie CIty
for ani purpose whatsoever or lit tame may tie
ensril to any company or indlvldiiil
If however at the termination ut this grants
bovr tie CIty by tile Hoard ur IU Micceasor
In aulluirll shall so order by resolution tbe
oinpani shall upon thirty JO days notice
front the hoard remove any and all of It tracks
and other equipment constructed pursuant to
hit contract and the said streets avenues and
lilthjwa4 and the bridge shall be restored ti their
original condition al the sole cost and expense nf
he Company
IifTU The annual charges or payment slialt
oiliiiue througboul the whole term uf me con
rut wlielacr original or renewal notwltn
landing any clause la any italuta or In the
uirrr of any other railway or railroad
ompany providing for payments for rail
root rights or frAiicbUei at a different rate
md no assignment lease or sublease ot the
IrUti or privileges hereby granted ntetlicr
original or renewal or of any part thereof or of
be route mentioned herein or of any pan thereof
Hall be valid or effectual for any purpose unless
dIe said assignment lease or sublease shall
contaIn a covenant on the part of the assignee
or Ufwr that the same li subject to all
he conditions of this contract and that tbe
isslgnee or lessee assumes and will be bound
LI y all of said conditions and especially ssld
nndilonn AI to pnrnents tnytblnr In any
statute or In the charier of such assignee or
lessee to the contrary notwithstanding And that
Aid assignee or lessee waive any more favor
able conditions created by such statuteor Us
charter and that It will not claim by reason
hereof or otherwise exemption from liability
to perform each and all of the conditions of Ibis
contract
SIXTH The rights and privilege hereby
granted shall not be assigned either In whole or
In pan or leased or sublet In any manner nor
hall title thereto or right Interest or property
Herein pat la or veil la any other person or
orporatlon whatsoever either by the act of the
ntiiiany Its successors or assigns or hy
prratlan of law whether under the pro
CIslonii of the statutes relating lo the eon
filiation or merger of corporation or other
sIte without till content of the City acting by
lie Rianl or Its successors In Authority cvl
1 i c < i > V cn In f nvnl inrtr scot nnvthlng I
hr ii tit LI u lu t e iirai tmr ullu 51 >
i K > t t
PUHUC NOTICES
w I
wlMnolwltbiUndlng and the gflOth2 r firing or
waiving of any one or more of SUCh content
hill not render unnecennry any ut ieauent
consent or consent
S T rrriiNothlng la tutu contract shall be
deemed loaned In any way tbo right of the CItY
to grant lo any Individual or otti tt corporation a
similar right or privilege upon the same or other
term and conditions over the same itrectt
avenues Ulghvrayn or bridge herein above de
scribed In section 1
The use of sold railway which ihall be con
knurled by the Company under Ihi contract In I
eluding the track wire end other equipment or
alt structures In public slrcelsandavenueiottiind
by Ihe Company and used connection therewith i
i snail be permitted by thr itompany to any mill
ildual or corporation to which me city may have
granted or may hercafle grant tnerlichtorprlvl
iege to use such streets avenues or hliciiway here
Inaoovt described In nertiui I bar strut railway
purpuen upon paymint J an annual sum oy
urn inoivluual or corporiiilon Id me Company
Which shall not cxcfcu luc nifal Interest on tutu
proportion of the whole roi ul tile rohiitruilloii
of such railway and structurih hndof tnv cuit
of keeping the tracks and truck raulpmint In
repair at Ibe number of tars optrnl by sum
company or Individual shall tiiar to tut numuer
of cars operated by the umpunM then using
the same together with the actual rust of the
power ntceswry for tile oitralion uf tile curs
thereon of such Individual or corporation and
tile cost uf laying and npalrliigol pavement and
removal of anon and Ice and nil the other uullei
Imposed upon the Company b > the terms of this I
contract In coiineotlun wIth luc malnUuance I
or the operation of the said railway so us d Pro I
tided however that If In the opinion ot tile Com
pany the legrl rat ol Interest ol the cost of such I
railway shall lie an InMiltlclrnt sum to pay for I
the u cof inch tracks II mayappeal lo tOO Hoard
and the Hoard may fix A inrrtnligr of the cost
lo be paid to ito Company at a Mini In elects of
tile legal rote of Interiit If In its opinion such
action Is Justified
the Cornpan shall not Al any llrne oppose
but shall upon the rcqtust of the Hoard consent
lo IM construction or operation of any alrtt t sur
face railway which may necessitate the use of any
portion of the rallvra which shall be constructed
by me Compau pursuant lo this roritracl
KiaiiTii Said reliCs may be operated by
overhead eleclrip iKivver substantially similar lo
the oyertenil electric sj stem now In use by slrtcl
surfaie railways lu Die lUiroutrh of The Ilrnni or
by any other motive power except loiomotlve
it Ain power nr horse rxnver which may be ap
proved by the Hoard and conwnlcd lob owners
of property In nccordancu with the provisions
of law and by the Public Service Commission
for the FIrst District of the Mate of Ness York
NINTH The Coinnin > shall rommcnre con
struction of the cxttnslun herein nutiorlzrd
within six 18 rnonths from tliu dsto upon vtblrh
the consents of the property owners are obtained
for such extension or from tilt date oft he dtcllon
of the Appellate Division of the hupremr Court
that such extension ought In be constructed
and shall complete tile conttruitlon of the same
wIthin six t months troll the same dale
otherwise thin grant shall cease and de
tcrmlne and all sums vrlilrh may 1w de
pos1ls1 with the Comptroller ol tlc City as here
I matter provided shall In ford I led to
the Clly Provided thai such periods limy be ex
landed b > the Hoard for a pirioilor icri4s not
exceeding In Ihe aircrcgatc cU months end and
provided further that when the lomroencemenl
or completion of sail construction shall lie tire
vented by legal proctidlngs In any court or
by norks of public Improvement or from other
I cause not within the control of the Compiny
I the time for the commencement or lomplctlun of
inch construction may be extended for tic period
of nuch prevention hut no delay shall be allowed
f for unless the court proceed Ings shnllbedlllgenlly
nrosefuteil by the Comnan and provide fur
ther Hint In no rout shall such delay ICilecined lo
begin until Compsny shall have riven written
notIce to the Hoard of Any Mirh court proceedings
or otlur occasion ot delaj and deliver lo the Hoard
I coplfs of Any Injunction or other orders and Lie
I papers upon which the SAHIB shall have been
ri anted and unlrs upon the request of tile Hoard
I tie Comnnny shrill In writing consent that the I
Hoard either In Us own name as a party or In the I
nameot the City as a party may Intervene In any
such proceeding
TKYTHSald railway shall be constructed
mainlined and operated subject lo ihe super
vision and control of all the nulhorlllrs ot the I
City who have jurIsdiction In such matters as
provided In the Charter ot the Cll
KLIVRSTH SaJd railway sliull he conslrurted
I nd operated In the latest approved manner nl
i street railway construction and operation and
1 It Is hereby screed that the Hoard may require
the Company ID Improve or odd to tie raIlway
equipment Including rolling itork and ralivvay
appurtenance from lime to lime as such ad
dltloni end Improvements are nertMarv m Into
opinion sf thr Hoard I pori failure on thr nan
of the Company tu comply with ihrwrlltcn direr
lion of Iht Hoard w tain a rrasonahl time the
rkhta Here rrantcil r mil reals and determine
I Tw irriThe rate of farr for any laueneer
I upon sucli rallyta shall not exceed live < 3i cents
and tie Company shall not charie an passenger
moretliao live 13 rents for one continuous ride
from any point on said railway or A line or branch
operated In connection ihcrc ltli to an point
thereof ur any connecting line or branch thereof
within the limits of tile city
The Company shall carry free upon the railway
hereby authorized during the term of this con I
tract all members of the Police and Fire Depart
mrntsot the City when such employes arc In full
uniform
The rate for tie carrjlnc of nroperty over the
said rilway upon the cars ot tbe Comrany shall In
all caics lie reuonable In amount subject to the
control the UnarJor its successors In auiborty I
and maybe fixed uv turn Hoard alter notice to Ihr
Company and a hearing had thereon and nhtn so
fixed auch rolr shall be binding upon the Com
pany Its surorsMin or assigns And no greater
sum shall be charged for such servIce than pro
sided for hy Is
TumTKENTH No car shall be operated upon
the railway brrebynuthortred other than pas
senger ran cars for tho transportation ot express
matter and cars necessary for the repair or main
tenance of the railway and no freight cars shall
be operAtcd upon the track of said railway and
the track hereby authorized shall nut be used
for the storage of cars
FocntKKNTn Cars on lie said railway sha I
run at Intervals of not more Ihnn thirty minutes
both day and night and as much oftener as rca
tenable convenience of the public may require or
U may be directed by Ibe Hoard
Provided tiovfever thai the Company during
the first five yean of his contract snail not be
required lo operate Its cars between the hour
of 1 oclock a m and 3 oclock a m each day
unless the Hoard shall determine after a hearing
bad thereon that public convenience requires the
operation of car during sold hours
Fimxinii The Company shall attach
to each car run over the said railway proper
fenders and wheel guards In conformity with
such law and ordinances as are now la foroe
or may hereafter during the term of this con
tract be enacted or adopted b > the State or City
authorities
SUTlKrrn All cars which are operated on
nld railway shall be heated during the cold
weather In conformity with such laws and onll
nances as are now In force vr may hereafter
during tbe term ot this contract be enacted or
adopted by the State or City authorities
SKVEXTEKSTII The Company so lone as U
shall continue to use any of the tracks upon lie
streets avenue or bridge In or upon which said
railway shAll be constructed shall cause to be
watered at least three limes every tvient four
hours wben the temperature Is above u degrees
Fahrenheit the entire width of the streets Avenues
804 bddge except When the width of such streets
avenue or bridge shall exceed ff feet between
curb lines In which case theCompany sball cause lo
be watered only CO fret In width of such roadway
and tile Company shall provide for such purpose
at least ont tank car the rapacity ot which hall
bo sufficient to inlet such streets avenue and
bridge In a satisfactory manner
EtorrrvKNIH All ears operated on said rail I
WO shall br well lighted b > electricity or by I
home JI UUnir syMem equally efllcleiit or as ma >
be required Fi the Hoard
NlNKntSTM The Company shall at all limes
keep the streets avenues or blgliwas 0011 bridge
upon which the said rllvvu Is constructed be
tween II trAixs HIP rails of Its tracks and for a
distance of tivo lect beyond trie rails on either side
thereof tree and dear truTh Ice and snovv pro
vided however that the Comrwin sIlUI at the
option ol the Commissioner of Street Cleaning
enter Into an agreement for each winter season
or part thereof lo clean an equivalent amount
of street surface from house line to house Hue
TWENTIETH Thr Comiun shall cause to be I
pavru that portion ot the street between Us
racks the rails ol Its tracks and two feet In
width outside of Its tracks upon and alone the
streets avenues and highWays of the routes
tirrcby authorized which are now unpaved The
work of SUch paving shall be done under the
supervision of the munlclpnl authorities having i
Jurisdiction In such mailers and such author
lies shall designate the character of the pavement
lo be laid
Al lung AS the salt railway or any portion
thereof rrmalmln the street avenues nlulnvn s
tr upon the bridge the Company shall pave and
keep In permanent repair that portion of the stir
face of Ihe street Avenue highway ur bridge In
which said railway Is constructed between Its
racks the rails of Its tracks and for a distance ut
two feel hejond the rails on either side thereof
under Hie supervision of the local authorities
whenever required b tutin lo do o and tn such
manner 55 they ms > prescribe nti the City
shall have tie right W change Ihr material or I
haractcrof the pavement ol any street avenue
hIghway or upon the brldre and In that event
be Company Its successors or assigns shall bet
iwund lo replace such pavements m the manner
dIrected by Ibe proper Lily oulcer At Its own ei
pence and the provision as lo repairs herein con
alnetl shall apply lo sucli renew cd ur altered
pavtmetlt
TWKTI nn Tns alteration to the newer
age ur drainage system ur lo an other stihsur
face or lo any surface utrurture In tIle streets
requIred on account ot the construction or opera
Ion of the raIlway shall be made At tile sole COM I
it I lie Com pan and In such manner at the proper
City olirlali tny prescribe
TwrXTTsrcOHD lleforcuconstruction shall
be commenced upon any portion of thr route
mitten permits shell be obtained from tie Iresl
dents of the Horough ot Manhattan and The I
Ironx and the Commissioners of Water supply
Jasand Iclectttcltynnd Hrldgrsand tueCornpan
shall comply with any conditions which those I
ifhclah may Impose as A runjitlon upon which
such permit Is granted provided such conditions I
ire Imposed for the purpose of protecting the
itrurtures over which those offlclsls have loris
diction
rw STTTHlRD The Cnmpany agrees lo
comply wIth any and all the rules wblrh may 1w l
made by the Commissioner of Voter Supply
its and Kleclrtcliy for the purpose of prevent I
hog the destruction of Ihe pipes or structures In
he street by electrolysis which LOS y be caused
by theMeelric current used by the Company I
woollIer such rule affect the method of the orlg
rial construction of said railway or any reoon
irucllon maintenance or repairs upon such rail I
way at any tilde during thc term of thIs con
ract
TwKXTTrouBrn It Is creed lhat the right
bomb given lo operate A street tmrfate railway
iall not t e In preference or In hindrance to public
fork of the lily and should the saId railway In
my way Interfere with the construction of public
rork In the turrets or upon the bridge whether
ho some Is done by the CIty dlrerlly or by a con
leftCt4r for he CIty ihiniMpaiiy sruilt Its nnn
xprtij pmirt1 ur mate Iii trick nriil aiiytir
tluii twill aTU na i f ii v i I u4 Ic jli5U
r
PUBUO
Wi
WW
or the norough la which said track irs altutted
or by the Oommutloncr of llrUlt
TwiHTfnrniahouliI the rfadet or lines 01
Ute sWeets In which franchises ue bagelS rr nte <
be changed at any time during the term of ills
contract the ComDuy aboil chute Iii track
to conform with such new grades and lines am
during coftilructlon of any public Improve
bent upon uld itrftls tbe Company iboll uk
I care of and protect Ute track and ippurtraneei
I Its own ei peases AH to be done subject to the dl
rectlon oftlw 1mtdcm of the Boroui In which
I Such cnMca 14 lde or work done
TWiarvyignq Board may at any lira
rcqulyetei OOmIIIYItO remote one track S rotfl
the University nerchM Ilrldge and approacbt
thereto and to place the remaining track In the
I centre of be roadway ol sold bridge end operate
I the railway by mean of Mid single track upon said
bridge fnd Its approaches
1wrTvISYINTUTlIe Company sushI sobtalt
to the Hoard a report not later than November I
of each year far the year ending Heptember a
neat preceding rest any other time upon requtt
of ha hoard which shall state
1 The amount ot stock Issued for cash tnr
property
2 The amount paid In as b7 last ircpotl
3 The total amount of capital s t < k paid la
I The funded debt by last report
ft TJie total amount of funded debt
It ie floating debt Al by lest report
1 i he total amount of lloatlnc debt
a The total amount of funded and floating
is The average rate per annum of Intern
on funded debt
10 Statement of dlvldendi paid during the
°
11 Tlietolil amount expended for same
is The names ot the directors elected at the
last meeting of the corporation belt
for such purpose
II location value and amount paid for ret
estate owmd by the Company as tty
11 Location alue and amount paid far ret
estate non owned by the Company
IX Number of passengers carried during the
yo4r
1ft Total receipt of Company for each clas
ot business
17 Amounts paid by the Company for dam
age to persons or properly on account
of construction and operation
IS Total cspenies lor operation IncludIng
salaries
and such other Information In regard to the
butluess of the Company as may be required by
the Hoard
i fwKNit Kiotnn The Compasy thai at all
tlniirt keep accurate looks of account ot din
gross earnings from all sources within the
limits ot tne CIty und shall on or before No
verntjcr I of each > CIIF make s verified report
Ui Ihe Comptroller ol the City of the buslneji
I done by the Company for the year ending Sep
I tiuber So neSt iirtciulng In such fOrm as ito may
prccrlne Such report shalt contain a ttatinrntof
I sucugroMearnlngsthe total mllei la operation and
tile mlkn of railway constructed and opcrntu
I under tots contract and Such other Information so
I tile ComplroIlr may require Time Comptroilrrsiuatl
have access to all oooks of the Company for ho
puriKino of ascertaining the correctness uf Its n
Port and rosy examloe Its oniters under oath
TENT NIMUI In case of any violation 01
breath or failure to comply Kith any of the pro
visions hereIn contained this contract may be for
I It I ltd by a suit brought b > the Corporation Coun
sel on notice of ten days to the Company or ii
tho option uf the Hoard by resolution of sale
Hoard whlcli said resolution may contain a pro
I vision to tug met mat tic railway constructed
and In use by virtue of title cuiitract Uai there
upon become tile properly of tile City wIthout
i proceeding at law or In equity Provided
ho ter that such action by the hoard
I shall not be taken until the Board shall give
I iiotlcc lu tie Company lo appear befoie It oa
a certain day not km Man ten 10 days alter the
I dale of Miib notice lo show cause Why inch re to
lutlon didarlng tbi umlract forfelten should not
uv ddoptttl In case the Company falls to appear
aitliri ma > br token by the IKiard forthwith
THIIITISTK the Company shall fall to
Shr unitlcrit public sen Ice at the rate herein
mistti or tillto maintain lt9tructurS good con
dition thmu lioui tile whole Itrm ot this eon
tract tut Hoard may give notice to tbe Company
I specIfyIng any dcfnulton thepartof tbeCompany
and requiring we Company lo remedy the same
within u reasonable Him and upon failure ot the
l < iiMiiv tn ri nIl r such default within a reason
I able tlmi1 the Cnmiuny shall for Mch day there
after during nhlch the ikfault or defect remains
Pay to the City the Mini of one hundred dollars
HIM ax fixed or llaultiated damages or the
Hoard Il ease Mien structures which may
I curd the tiirfait uf tnt streets or of
tie hrltlte shall not be put In rood con
union 5111111 A reasonable time alter notice by
the Hoard is ufortkald shell btve the right lb
make all needed repairs at the expense of the
Company lu which case the Company shall pay
to the Cll > the amount of tile costs of such re
pain wllli local Interest thereon all of which
sums raij tie deducted from the fund hereinafter
provided
Tiiittrt I itt5 Tile Conpony ahsii assume all
liability to persons or property bv reason of the
construction or operation of the rallnny author
ized lo this contract anti It U A condition of this
contract that the City shall arcumr no liability
hataoecr to either persons or property on scj
count of the same and the Company hereby
agrees to re pa lo the City any damage which
tIle City Mull be compelled to pay by reason of
any acts or default nt the Comnany
TK1RTT srcoxn This grant Is upon the experts
condition that the Company within thirty SO
days alter the signing ot this contract hy the
Mayor and before anything Is done In exercIse
I of the rights conferred hereby shall deposit
with the Comptroller of The City of New
Ynrtt tbe sum of three thousand Ur hundred
dollars l1Vioi either In money or securi
ties to he approved by him which fund shall be se
curity for the performance b > the Company of
all of the terms and conditions nf this contract
especially those which relate to the payment ot the
annurlchftrres for the privilege hereby granted the
efllrlenry the nubile service rrndcredthe repairs
nl the street and bridge pavement the removal of
snow and Icc antI tIle quMlty of construction of the
railroad and In case default In tbe performance
by the Company ot such terms and condition the
City shall have Ihe right to cause the work to be
done and the materials to bei furnished for the
performance thereof after due notice and ihall
collect the reasonable coat thereof from the said
fund without legal proceedings or after default
In the payment of the annual charges shall
collect the same with Interest from the sold
fund after ten days no thee In writing to the Com
pauy or In case of failure to keep toe said terms
and conditions of thli contract relating to the
headway beating and lighting ot cars lenders
wheelguards and watering of street pavements
the Company shall pay a penalty of fifty dollars
ISO per day for each day ot violation and the
further sum ot ten dollar 110 per day for each
car that shall not be properly healed lighted or
supplied with fenders wheelguards In case ol
the violation of the provisions relating to those
matters
The procedure for the Imposition and collection
of the penalties In this contract shall beai follows
The Comproller of the Cit t > u tOui pUlnt mule
shall In writing notify the Company through Its
president to appear before him on a certain day
i not less than ten itot days alter the dale of such
I notice to show cause why It should not be penal
I Ized In Accordance with the foregoing provisions
If the Company falls to make an appearance or
I after a hearing appears In the Judgment of the
Comptroller to be in fault said Comptroller shall
forthwith Impose the prescribed penallyor where
Ibe amount of the penalty Is Dot prescribed
herein such amount as appears to him to be
Just and without legal procedure withdraw
the amount nl such penalty from the security
fund deposited with him In case of any draft
made upon the security fund the Company shall
upon ten Id days notIce In writing pay to
the Comptroller of the City a sum sumrlent to
restore said securIty fund to the original amount
I of three thousand Inc hundred dollars W10W
I and In default thereof this contract shall lie can
celled and annulled at the option of lbs Hoard
acting lu behalf at tbe CIty No action or pro
I ceeding or tight under the provisions of thIs
contract shall aHnci any oilier legal rights
remedies or causes uf action belonging tu the
City
liuitri TJIInii The grant ol this prHllegel
I subject lo whoteer right title or Interest the
I owners of abutting properly or others may have
In and to the streets avenues coil hIghways In
which the Company In authorlieil lo operate
TIIIRTT rofnrii The words ooticc or direc
tion wherever ucd In this contract snail be
deemed to mean a written notice or direction
Hvery such noilcc ur direction to be served upon
the Company shall be delivered at such office la
the City as shall have been designated by tile
Company or 11 no such oOlce shall hate been
designated or If such designation shall hare for
any reason become Inoperative shall be mailed
In lie City postage prepaid addressed to the
Company at the Clt Delivery or mailing of such
notice or direction us and when above provided
ihall be equivalent lo direct personal notice or
direction hint shall be deemed lo have been given
at the time or deliver or mailing
THIRTY SlOTH It at any time the powers of
the Hoard or an ollirrol the atithoritlea herein
mentioned ur Intendrsl to be mentioned shall be
transferred by law tg any otner Hoard authority
aniceror officers then and In siicbrase such other
Hoard authority officer or officer shall have
ill the powers lights and duties heroin reserved
in or prescribed for the Hoard ur other authorities
nflcer or ofncirs
SEC a This contract Is also upon time further
and exprrsK condition that the provisions of the
tallroad Law applicable thereto and all laws ur
irdlnauccs now In forte or which may be
ulopled affecting the surface railways opera
ng in the City not Inconsistent with the terms
tml conditions hereinbefore fixed shall be strictly
Mmplled wIth hv the Company
Src 4 The Compan promlm covenants
ind agrees on lu part and behalf to conform to
md abide by and perform all the terra con
lltlonn and requirement In thla contract fixed
md contained
In vsliness whereof the party of the first part
I iy Its Ma or thereunto duly authorIzed by the
Hoard of Intimate and Apportionment of saw
City has caused the corpoiate name of laid
City tn be hereunto signed and the corporate I
seal of said City tn be hereunto afflied and Ibe
urt ot the second part by Its officers thereunto
duly authorized ha caused Its corporate name I
to be Hereunto signed and Its corporate seal to be
hereunto kRIxcd the day and year Brit above
wrItten
Tne CITT or Niw Volts
y
IcotiPOIUTB Wayer
MEAL
Vtltnl
clii Clern
JNQV IUHWAT COUPAST OT New YOKK CItY
Uy i
preside
Isis 11
Attest
tmrrtarv
Here add acknowledgment
Resole < l That the rciulli ol tile Inquiry mod
by this Hoard as to the money value of the fran
chine or right proposed to be granted and the
adequacy of ihr compensation proposed to be
paid ttierrfor lund of the term nd coadltloa
nrlidn int provision as in rate farr and
C hines sr es Inrilnl efurr sncclfled and fully
S t run lu ul i5 iue ljfvlnt furni uf rib
A > i >
I
rTt
I I
a tqjin4k 4oTzcE
1
posed contract lot the grant of such frtncblio
or rIght
nnoirft Thai tbeae preamble and rcolu
tlonslnrludlng the Mid resolution tot the grant ol
franchise or runt applied for by tbe UnIon
Hallway company of New York CItY and the
told form 6t a prtpdsedcontract for the Brant of
Such franeblse or light ccsWnlng said result
of such Inquiry afer < Ihe same shall tie entered
in the Minutes otlhl Uoardsball be published
lor atleast twenty t3 days Immediately prior
lo rrldsy December Mllioi In the City ilecord
ndalletttv duringtbnlen daysImmedlilely
prior to December J8100S In two dally news
paper tofta dnlgdated by the Mayor therefor
and pub ad lnIttP i V ew Y rV orlSre
eiieusS SeUntoltallwy ompsny of New
York Q71OetbfIii I ito fcilowloc notice
to ivi f5fI
NoTiihSMT airrx that lha hoard of
FILlltatftad i Trtlonment before author
Icing inVonttsft for tne grant of the fran
chtseor right applied for by ihe Union Hall
way Cornpsny of New York City and fully let
forth and described In the foregoing form
nt proposed contract for the grant of such
franchIse or right and before adopting any
resolution autnormnt any such contract will
at a meetIng ofMia Hoard to beheld In lbs
Old Council Chamber City Hall Horoufh ol
Manhattan City of New York on r rid ay
December 18 1803 it 1030 oclock A M hold
a public hearing thereon at which rlllteni
shall be entllled to appear and be heard
JOIKFIT HIAO Secretary
Dated New York November 131003
vunuo NOTICE
State of New York
PUBLIC HKHVtVr COMMISSION
Second Dlitrlct
ALBANY December a 1KB
Case Ml
A Joint petition under section U of the public
service commIssions law InYln been Died with
this CommIssIon by The New York New Haven
and Hartford Railroad Company and Tile Harlem
I River and Fort Chester Railroad Company tbe
railroad ol the last named company being leased
to and operated by lila first named company for
permission and approval to operate The Harlem
River and Port Cheater Railroad by the bleb
potential alternating electric current lystem
NOTICE l > hereby given that a joint public
hearing said petition will beheld by the Public
Hervlcc Commission of lha First and Second
District at the room of Commlulon of the
First District In the Tribune Building 1M Nassau
Street New York City on Friday December II
108 at 130 p M
By toe CommIssIon
J KENNEDY Secretary
AUCNDEI NOTICH
MUNICIPAL CIVIL SKUV1CF CUMUISSION
ue Uroadway
New York Nov 3 IBM
PUIIMC NOTIOK IS HUIIBHY QIVEX that the
lime for receding applications for tbe tioslUca of
PATROLMAN JOLICK DEPAimiENT
has beed extended to
4 I M TMUHSDAY DKCEMDER It 160
No APPLICATION RECKIVKl UYTHK CO1I
MISSION IIY MAIL OR OTHKnVVISE AKTKIt 4
1 M ON DECKM11KR Jt WILL HB ACCEPTBD
The subject and weights tire Physical develop
ment and strength M mental teat to
The subject and weights of the mental test
are Memory test 2 Oovemmrnt 5 Localities i
Arithmetic 2
Applications wiltnot be received from persons
who are less than twentythree C3 years of ace
oh December 1003 orwho are more than thirty
10 years of age
Naturalized citizen must attach their naturali
zation papers to application
Tor further Information Apply to the Secretary
K A SPlfNCElt Secretary
WANTED ron U 8 ARllYAble bodied un
married men between ages of It and U cltlreni
of United States of good character and temper
ate habits WHO can speak red and mile Kngllio
U S Government furnishes ration uniforms
transportation medical attendance everything
Good py Retirement after thirty year wlla
Ihrteqilarters pay Kor Information apply to
llecrulUnr OBlcer 3rhIrd Av J3 oz Third Av
0 z Thlrt Av SOS r 34th SU 100 Delaneer at
748 Sixth Av 147 Park How IO Went M lot
Eighth Av I30 Ilchth AV New York 3U Pulton
St 200 Ilroadway 4tt Fifth Av nruoklyn 47
Montgomery St Jersey City is Newark Av
lloboken N J
5 Y WIFE ANNA Jl HOVIIU having left my
bed and board notice li hereby given to all trades
men merchants and others flat I will no longerbe
responsible or accountable for any of her debts of
charges and all persona extending credit to the
said Anna M Hovlrsdo so at ttielrown risk
Dated New York City November 801HW
JOEL U ROVIRA
PARTNEILsJMIP CEHT1PICATI
PAKTVKKSIII CKitTIFICATI
VHEIinAS tie partuenhlp of II U DAY
COMIANY has transacted business In Ibe Slate
of New York lor not less than turrr yean and
VHKIIKAS Ibe busIness of iald partncrsJilp
In the Mate of New ark conthiun to he con
lurted by the iub crlber also are the survivIng
member of said partnership as formerly con
slltuted and who are desirous of lontlouinz the
use ot the sold partnership name ot It I DAt
COMIANY
NOW THERE IX RK pursuant to the statute In
such case made and provided we the under
aimed do hereby cerufy and diclare that the
person dealing and inienduic to deal under said
Partnership name ot IL U DAY 4 CdXtPANY
rilh theIr rnprclUe places of residence are as
follows
FRANK A DAY whose place ot residences Is
Newton Uauarhusetts
HENRY U DAY whoM place of residence It
Weal Newton ituwachusetls
WILLIAM II HEMICK whose place of rtsl
dence Is No 3OV West list Street HinhatUn
City and State of New YorK
JOHN I KRKKSK whose pLace of residence Is
South Pramlngton MaisachusetK
OKOIIOK lv J1ODG US whose place of residence
Is No 4U Vrct hnd Avenue Manhattan City nnd
State of New York
and that the principal pike of business of the
sold partnership Is located at J7 Wall Street In
the Borough of Manhattan Ctr and Slate of New
york
IN WITNESS WHEREOF we have hereunto
set our nondi and Kals this ICth day ol Noem
her l5
FRANK A DAY Seat
HENRY U DAY Seal
WILLIAM II RKMICK Seal
JOHN P FREKSF Seal
tJlXHOB W HODQE3 iSeatI
Stale of New ork Connty of New York as
On this Uth day of November 2 before me
personally came WILLIAM ii IitMiCK anti
GEORGE W HODOnS to me known and known
lo me to be the Individuals described In and who
executed the foregoing Instrument and they
wvrrally duly Ackno red ed to me that they
executed the same
samesyrRuR 11 It MOLY <
lSeatJ Notary Public No O King County
Certificate filed In New York County
Slate of Massachusetts County of Sutfolk as
On this tells day of November 15O before me
personally came THANK A DAY I1UNR n
DAY and JOHN FnEESE to me known and
known to me to be tbe lndlddul described In
nd who executed the foregoing Instrument and
they severally duly acknowledged to me that they
executed the same
rnltlitlcff zLNSrcoMn Notary Public
MMONWFALT1I OJ MASSACHtJSKTTS
Clerks Office Superior Court
tulToflc se
j FRANCIS A CAMPOELL ol Hoston In saId
County duly elected qualified and sworn Cs
Clerk ot the Superior Court for and within said
County arid Commonwealth dwelling In Boston
In said County said Court being a Court of record
I with a seal which I a hereto affixed the record
I und seal ot which Court I have the custody do
herein and hereby In the performance ot my
duty as sold Clerk certify and attest that Fred
erick M Newcomb before whom the annexed
affidavit proof or acknowledgment was taken
and subscribed Is a Ndtary Public for within
and Including the whole of said Commonwelatb
residing In said County duly appointed commis
sioned qualified sworn and authorized by the
laws of said Commonwealth lo act as such and
also duly Aulhorlred by the law of said Common
wealth lo take affidavits and take and certify
proofs of acknowledgment ot deeds ot convey
ahces for lands tenement hereditament lylnr
and being la uld Commonwulth In any part i
thereof and to be recorded therein wherever I
situated and however bounded that he was at
lie lime of lUng the affidavit proof or acknowl
edgment hereto anaextd such Votary Public
that due faith and credit are and ought to be
given to his official act that 1 am well acquainted
with signature end handwriting and 1 verily
believe that the denature to the laid affldaut I
proof or acknowledgment Is genuine and fur
See that the annexed Instrument I executed I
and acknowledged according to the laws ot sold
C6mmonweallh I
Witness ray hand and the seal ot sId Court at
I Boston In said County and Commonweal Ibis I
lath da > of November A O IMS i I
I Seal I FRANCIS A CAMPBELL Clerk I
I
IAs ilhhiOiFaW BALKS I
I
CENTRAL AsICTIOJ CC M Sheehan Auc
I tioneer li Canal st sell II A U I
Dec ouy H SmnionCo S Myrtle avnrook
lyn diamonds jewelry AC pledged to No22Mt
Set 11007 ann good held over
Dec 10hy M lAger BW Bth av ZJ77 Sd av
diamond jewelry ic pledged to Dec l 1W7
and all old date
Dec niiy niiin jewtUr c
Dec 14 Uy McAleenoui IS3O Broadway unre
deemed pledge running from No 1 Jan I lo No
WX Sept U fn 1807 Inclusive and all article
I hfDdecVliDy J Simpson ft Co IM Park row
diamond Jewelry ftc pledged from No t to
elm to Oct 11907 and all good held over from
fomwr Mies
Dec ISBy R Simpson Co ItS Welt 4M at
diamond JewelrY silverware Ac pledged from
No 14000 to 18900 previous to Oct is IMT and
good held over I
CENTRAL ACCTION CO Wm McCarty I
AucL 169 Canal it tell 10 A M I
Dec 5Ily M Lavery fl94 Bth av clothing
pledged to Nov 2i 1907 I
Dee 10fly Fllllnt clothing I
Dec11 Hy E hnoth odd and ends I
Dec14IIyMrLJ Ievr lu Varies St clothing I
pledged to Dee 11SO7
Dec 15Hy H Freel fn New Chamber at
clothing pledged lo Dee 01
Deo 16 By U L FalUn 1 10th av clothing
pledged to Dee 11807
nUSINKKS CHANCES t
13000 WILL PUnCHASK high cia publlsblne
business book on MIn In largest stores through
out die United SUten Apply
McDONALUWloalKS CO 237 Broadway
PATENTS
x
ADVICE mKK Patejtt rromplly procured
irnmtor1 luldr Hutu KttOAUTAtC 4 CO
Patent ttts 4i haJray
L L i hfo Ji
mn
4
dA1 flOTI
At a Specie Term Part I ol the Supreme Cdurl
ol the Riot ol New York held In and for he
County of New York at the County Court House
ildCountyon the 37th dy of October lolL
Present HON CHARLES H TRUAX Justice
IN Till UATTBR
ofthe I
Application or a Voluntary pluolu
lion of the FIDELITY IllNUINO I
COUPANY I
On redlne and filing the notice of rrotloi
dated October to lOpa and tbe petition of Dun
kin II Slit Dennis II KoDrlde Walter P Vfr
Camp Harry II Van Deuien and Frank H
Crosby a majority of tbe director of FldeJIt
Funding Company a dometllo corporation
created under the Ilunlness Corporation Law ol
the Stale of New York bavlnj IU principal office
at No llfi tlroadway In the Clly and County of
New YorK And Schedule A thereto Annexed
duly verified br the petitioner on Ihe 17th day of
October IBOS praying for a final order dlssolv
luc tile old corporation and appointing a re
ceiver of Its property and ertecta and It appear
Ing to tb ° tallsfacUon ol the Court that the sold
Fidelity Funding Company Ii Insolvent and upon
proof of due service of tiii appttcatlonand the
proposed order herein on William S Jackson
Attorney General of tIle State of New York It I
on motion ot O llrten Boardman Plait ft Llltle
ton attorney for the petitioner
ORDERED that all persons Interested In sold
corporation show cause before Udwln A Watson
Esq who is hereby appointed Referee for that
purpose at his omoe No 141 Ilroadway In the
Horough of Manhattan Clly of New York on the
itnh day of December 1909 at 11 oclock In the
forenoon ol sold day why the told corporation
should not be dissolved And It Is further
ORDERED that Thomas F Gtlroy Jr Esq of
the City ol New York be and he hereby li ap
pointed Temporary Receiver of the properly of
the said Fidelity Funding Company with power
to collect and receive the debts demand am
other property of the said corporation to preserve
Its property and the proceeds ot the debt de
mends and other property collected to tell or
otherwise dispose of the property as directed by
the Court to collect receive and preserve the pro I
ceeds thereof and to maintain any action or I
special proceeding for any of those purposes
with tbe usual right and powers of such Tern
porary Receiver And It Is further I
OHDERED that the said Receiver shall forth I
with file In the office of Ihe Clerk of thin Court a I
bond In tile sum of Fitly Thousand Dollar con I
dltlaned that he will well and truly perform the
duties of bli office and fully account for all moneys
and property which may come Into his hand
and abide by and perform all the thing which he I
sball be directed lo do with sufficient sureties to
be approved by a Judge of thIs Court And It I
Is further I
OHUIJRKD that each and every of the officers I
director agents employees and legal repre I
sentatives of the said Fidelity Funding Company I
be and they hereby ore requited and commanded I
forthwith to deliver on demand of the said He I
celer or his duly authorized representative any I
or all of the sold property his or their hand or I
onderthdr control and the said officers direc I
tors agent employees and legal representatives I
of said Fidelity Funding Comnany and all per I
sons tlalmlnr to act by through or tinder the said I
Fidelity Funding Company and all other persons I
whatsoever are hereby enjoined from Interfer I
ing Ib any way whatever with the possession or
nuuiagement ol any part of the property over i
whlcn Receiver Is hereby appointed or Interfer I
ing In our way to prevent the discharge of his I
duties and Any party In Interest may apply for I
further direction And II Is further I
ORDERED that the creditors of said Fidelity
Funding Company be and they hereby are en
joined and restrained from bringing any action I
against said corporation for the recovery of a I
turn of money from taking any further proceed I
ings In such an action heretofore commenced I
And It Is further I
ORDERED that a copy of this order be pub I
lined at least once In each week for the three I
weeks Immediately preceding the 18th day of De I
cember 100S In the Albany Evening Journal a I
newspaper printed at Albany In said Stale and I
also In New York Law Journal and New York Sun I
newspapers published In the City of New York I
lo the County ot New York wherein this order Is
entered
Rot
CIlT
Justice ot the Supreme Court
IN TMIJ CIRCUIT COURT OF TUB DNITEf
STATES FOR THE WESTERN DISTRICT
OF PENNSYLVANIA
I
THE WAIIASHRAILROAD COM > NO 7
IAN Complainant I November
vs r Term
WEST SIDE HBLT RAILROAD HW9
COMPANY Defendant In lqulty
J
Notice Is hereby given that by order of Court
made In the above cause on the 17IU day of No
t IPOS the matter of the claims of nil cred
itors of the said West Side licit Railroad Company
Ihe property of which Is now In Ibe hands ol lie
reivers appointed In this cause on the Kd day of
June lOud Was referred hy the Court lo Park J
Alexander as Special Master to ascertain and to
report to the Court a list ot all such creditors
both secured and unsecured of the said West
Side Hell Railroad Company tozetbir will a
statement showing the nature and amount of
their respective claims
All the said creditors of the West Side Hell
Railroad Company were ordered therein to pro
duce proof of their respective clalmi and submit
tn such examination In respect thereto as the
Special Muter may direct
All She Mid creditors will be given an oppor
tunity to present and make proof before me on
lie zrth day of March 1900 at No 11th Park
Building Pittsburgh Pennsylvania of the
amounts of their respective claims pud lo present
their objections If Any to the allowance of claims
nf other creditors that may be presented to me
The said hearing may be Adjourned from time
lo lime and from place to place
The said creditors are requested lo file before
me Itemized statements ot their respective tlilms
duly verified on or before the 13th day ol March
11555PARK J ALnXANUER Special Master
lilt Park Building PIttsburgh Pa Nov S310U3
TO THK CREDITORS OP A BOOTH COM
PANY
Public notice Is hereby el > en that In a suit In
which the I loon Thread Company and Alfred K
Hootb are complainants and A Uoolh Ic Company
a corporation defendant andln which the Cir
cuit Court of the nlted State lor the Northern
Olklct of llnols Eastern Division appointed me
rectUer of the property and effect of A Booth
ft Company an Illinois corporation an order was
entered by said Court on the Twentyeighth
oath day November A D tons providing
that the lime within which all creditors of A I
Uooth t Company wheresoever residing shall I
file with me as receiver t roof of their claims asI
fixed by an order heretofore entered In said I
cause on the Thirtieth OOlhl day of September I
A D IV08 be and the same hereby was extended I
until and Including Ihe Sliteentb 16th day of I
December A D 1801 I
Said order further provide that any creditor I
or creditors other than creditors who had there I
tofore or who might on saiddate file their claims
with me as receiver who shall fall to file their I
claims with me areceiver within the lime lim
ited by said order shall be forever barred from
sharing or participating In the properly of said
estate or any proceeds arising therefrom and that
except so far as thereby modified all of the pro
visions at said order of September 30 1008 shall
remain In full force and erlect
Chicago November SO low
WILLIAM j CHALMERS
Receiver of A Booth A Company
Commercial National Hank Building
China go
HERRICK ALLEN nOYESEN MAMmf0
Solicitor for Receiver
PAWNUROKEnS1 8ALUS
I1 FinUHUI Auct70 Bowery at 10 A M
lc 0it m Simpson Co jewelry
Dec 10 Goldstone Uros 1186th av all dia
monds watches jewelry goods every descrip
tion pledged prior Dec S loll to No 81724 and
all goods held over
Dec 10fl HarUteln 79 Avenue Calldlmonds
watches Jewelry Ac pledged prior Dec 31807
and all older date
Dec 10 Win Simpson Co 191 flowery leo
Weaver 460 oth av all men and women a cloth
Ing Ac pledged priorDee 1 i507
Dec 114 K Lemon Co 47C cth av all dU
moods watches jewelry goods every descrip
tion pledged prior to Nov 11 1807 No 43041 to
48018 and all older dates held over S A Flatlo
123 ad av all diamond watches jewelry tc
pledged prior Dee 11807 and all good held over
Dec lt1 Harlem cos Eighth av clothing
Ac pledged prior Decl 1807
Dec 14C Long di Co telc64 formerly M3 6th
av all diamonds watches jewelry fur goods
even description pledged from Sept 10 1807 to
Oct 23 1807 Inclusive from No 84Ott to KU8
Inclusive also old Sos 28014 Z32 39 29381 28748
and all good held over P Kalmui SOD 388
Canal si all diamonds watches jewelry odds
and end good every description pledged prior
Dec 4 1807 to and Including No C36ta also No
37638 of Aug 2318QIJ and SSIS ol Oct 21803 and
all goods held over
Dec I4S A FUtto IMS 3d ar D Mayer
lloboken Ely Nobel 1577 3d av clothing tc
pledged prior Dec 4 IW7
lire ISH Uaruch Son 1 A Avenue A all dla
raond watches Jewelry goods every description
pledged prior Dec 6 1807 to No 7WO and all
goodVhefd over H Phillips 157 flowery all dla
mends watches Jewelry sic pledged prior Dec
and 336 West 123th St
6 1807 No 840 to BJsSO
peded prior Iec s 1807No 837M toiSOOO and
all older dates held over
Sec 15U Si F lirurkileinser 2108 3d iv cloth
Ing Sic pledged prIor Dec S 1807
Dec 16U Simon Si Son M He ter 51 all dlii
mondi watches Jewelry rood every descrlp
lion pledged In the month ot Oct lOOT from No
7303 to 4MSI InclusIve and all older dates held
over
VLIIIS HHOJiGOOD Auctioneer by Jo
Sbongood1 Sons Auctr M Ilowenr
nee Jewelry Ac pledged to Nov IS taco
No fisw to MOO also b7 and AtMI D brook
beimerVJtwW avUltruckhelmerE > tMe7l2d v
iPMens clothing c
Dec and women
pledged prior to Nor 30 IW7 Sllbersteln Bros
437 Vtb av D Sllbenteln1 Son 10 oth av
Dec 10All clothing furs Sic plediedto Dec
1 ieOTtioTfor7 30 it rox7Jlhav
Dec 10Jewelry diamonds Ac pledged to
Decri 1807 No I49M to 4S44S KaskelA Roth 8
Columbus Scnwarus Loan Office SS Grand it
Dec tIMens and women cloth ng 4c
pledged prior to Dee 11807 D SUbersttln Son
in ills or StlberstelnflruI 2451 8th iv
Dec 14Jewelry dUroood Ac Pledged to
Deer 7 ion A fxlfnger Ms 20 av M If II
rki2067Sd av U Cahen 41 Canal at I
Iecl aoUilnc7ft No KOJO to MOPI 11 A
C Lane IMAvenue C I Harris SIS Bin av
Deo 16 Jewelry watches diamond Ac A
Frtund 1343 M av H Goody Brooklyn
moDEL A CTFRESS Kit Sobel Auctioneer I
M flowery sails all pledges prior Nov I
Dec 8ilotblnr N Y tx > ui Office ISM M ar I
Deo 10 Jewelry star Loan Office ana eth av I
Dec 11Jewelry H Newcom tWM av I
Dec 14Cloibinr WOT irager 447 7th av and I
Sol Ix > wtnsohn 7103d >
lire IS Jewelry A KaU SM OowrrT and 9 I
ilIUllitO I
4
8VMM9f8
i
S 5UPRL1hI COhJIiTIlV >
OUSTAV HIUIOIIV PUUlllf
lguale scilnit Pall II living aild loin > t
ttiMt U living nU wnu ur 541tu542 jf
ItlTalore Inii It living sad Jan
PaIl IsIs wife or ulaow the usme
Jane being fictltloui ills real ont
name ol said dtitndant bang j 3s1
unknown to pliuiUO AchllU F
fltarace a trustee Ui bmkruptcy of
aid Pasquala Pall ana cfaivatore j i
JKatl individually and as copartner it
doing business under the name ol
Fatqude Pali and Bon the execu
tor or administrators fieln el Iiir
dovUec giantess still othorsueoea 7 j ia
ors In Interest saljlawuale Pall fitMJ41J1J
gutted alOHalvnlore i > atr and the
wives or widow of suubdrrtset Trisa 3Ji
granites andother Ucctaor I sbti1fr
interest all of whom and ullwuoia ht7Sbft u
names are unknownto tilt iilsluUJT 5 Anmnly
Ibe People ot the SUlr 6f New S ork
John 11 ljuono Abraham XsnltCi 1h
sky CJvtru Weber Henry Vibr oji s
Alexander Capro Jonn DUrkDorn
Ihe ttnt name iJolin beIng llctl 51P
tloui real Ural name ol saId netend k
ant being unknown to plaintiff said
defendant being n Uuanl or the hrCJ
premIses herein described Motin yf
toe Illchard line Harry Illntf
and John Hrown tbe namen of the a41f
last four defendant clog fictitious i
theIr true names being unknown to
pUlntlft they being tenants Intbu a1lnlist
premise described In tbo complaint I 4k
herein Defendant a e
I I 5wiri
TO TUB DEFKNDANT8 A1JOVK NAMED tl3Jiv4
YOU AHB HfRKUY SUJIMONKD to nweriiT
Uie complaint In this notion and to lerve a roppOT 11
of t our answer on the plain tins attorneys w1lM V ti
twenty day after the service IbIs summon
exclusive uf Ihe day of service and m race ffitrt 1
talluru to appear or answer judgment
taken against you by default for the relict LC
manrteu m the complaint I
Dated beptamber Kllh 1808 i v t llStSt
JONAM LAANhKV Si NKUnURGIIV t V IJ trffj
Humen for Plaintiff rsths AS
41 Court Hired < uX4i11
Iirgoklyn NKY Jw
To the defendant IAsqilhle UH4V dot > I
Rosin Pall If living hi wile or widow Halvatcise II
Pall IMiiff aud JaueiJall lila wife o widow
the name Jane belnznclltlous the real fir fli
I name of said defendant being unknown to plalnW tl < j
tilT and Achilla Hlaracca trostco In bankruptartjn > vJ
I of said Iassiuale Pall and SnlVJtorc Path todi1Il
vldually and as copartners doing tiistoett yDderlV f
the name ot 1nbqunle Pall nnd Nun the executpris Jj
or administrators heirs at law devisee grAnUtttWS
and other successors In Interest of said PamUaM A
Pail and of sold Halvsloro PU < and tbo wives orisH
widows ol such devisees grantees nndother UOTiV
ceseors In Interest till of whom and all WhoMt
names arc unknown to plaintiff V I > J 3d f
The foregoing summons 1served upon ydu by
pulilleation pursuant loan order of lIon hdwaeiit4
Eubllcallon a Justice of the Supremo Court of tliol L
Sta te of New Yorlcde ttjoSSd day ofNovetaUev1
its and filed with the complaint In the office 6Cl
tIle Clerk of the County of New York at tnojltv1 1
County Court House tn he Borough of Manjiatr hnil
un City arid County ofNew York on the 1st day I
ot iHccmber 1WS which lusid complaint was
originally filed InIhr otnci of said Clerk oaVettU <
23d day October IOOS e ft > iV
The foregoing cUonls brought to forectose > it
mortgage made by the drfendanlA HasqualcIUlf1 V
and SalVAlon Patl to the plaintiff uereWtoseSpl M
cure payment of lie sum of Fifteen hundfcUHif
IIWO Dollars and Interestand which nsoflsgetli
was recordrd In the office of thaiiegtster of Itta L
County of New York In mock Series IOiggei 3
section fi liber 213 page R and hirin coseS m
premises on the south side of 4Jlh Street dlaUatJI
one hundred and twenty feet IST west ofIi7l
weeterly side ol First Avenue sod runntngweM1 1
erly twenty feet Wi In wIdth In front end rear1
by one hundred feet 100 1n depth on both vide
In the Horougb ot Manhattan CltratidSUU fiItt
New York v tt It 4P S
Dated DecembrJ ItXrt i
JONAS LAXVNSKY Si NKlfnURGEl
Altoroejsifor PlAlntltT t < i ttIt
41 Court Street 1 itflsl
Drooklyn Nn yi iAti
SUPHEME COURT S 4fs1ZentII
TRIAL DrSll iDIK NtW YORKCOUNty j
I n 1t7Ut
J HOUAJNIlDltOWV ond ALKX c1
ASUIit P V KlhhAts ancient
tors of the 1ist SutlI anuTesta
mctil ul Loyai uSmith aeceaacd I I Ii ii5tfIt
Plalntltfs C itut fl
against i I s iIi 1Iti5
FLOYD U SMITH MIUecotSmli
u living ana tier husoand if any
anu u ueicffneo tier cflliarcn auu
ciM uuanU Will aro also trill 1 I
et nW unIt nextuf kin fit said Loral i
U aniltu ULCCAMU toICelter sItu
tunr r < pwtivii uuiuands and b
sit < Il u u > lie names of ml such
cllilunrn ucMV4aauls nususBUs
lAu wics b iii unknuna to
I iaintn ir < um MHauelt Ixiyal
i oinitu uuua M I own fiu p
linsMtt Manum lllipiett llrown S
LhiIllllLC U Uassell Wheeler i
LynuQ V UassctViAlbuTlus I a
i n iit uobcrt ityAn JOn
me uirvcr Helen Mtrrtniv cwjll
vlilts dirge smith ClailldA
luunrsou > rah Thomson Xvll
Ham it lunmiiun Iman Jfhom AmendeO
bun LitMinuirll iltrrlnew hnieft Suummoa
II jiinutw 55 harvey S Merribew OAC
Itrcy I > i Mirrtntw MaudU tIer lIl oi
ilntw Wiuircu li Merribew win air b °
nle II MerrlnevvTlltaoem C tier
nuew umi U Merriness Ulilan
A AiaxlUla Cora M Ixngleid 1
lain tIcu n Hay HnodAA Hay
ltrnlcc D IU Chloe Basselt
Jinu Vhlte Holies Xrmlrnh Klan 0 isVlL
uin itomto I LIlac Too ves I yIJ
Icyau Jilt tlUlICt Churcn fhr fr rtnW
lll burgn Clly Hospital TDc > ftfl
Voune Mens Curtlllan Assort I q
lion ul IltttiburRh iew lorif i 51Iifl
The Satnurl r Vila Home iu <
Home for thr Friendless In North Vlf
crn New York Tbe City of Plaits 7 > 54
burgh New York The Title lIter
amity and Truit Company as UVu I
tee for Mrs Annie Bird under thr M j
will of oyal L Smith Tee lIOn 1 5 heC
< iuaranty and Trust Company as i
Trustee of tIle Loyal U SmIth Edu
cational Undowment Under the li Cl
WUIOtLo > alLKmllh Defendants a 5i
To tbo abovenamed Defendants r
You are hereby summoned to answer tbs COm
plaint In this action and to serve a copy IfyouCIPCI
answer on the plalnlluT attorney wlUitn tweatTy r
days after the senlcnol this summon clualvftJ < >
I of the day of service and In case of your failure t
to appear or answer judgment will b e titea JsS
against you by default for tnt relief demanded la rnJ
the complaint 1
Dated September 28th 1105
CONWAY Si Stitch iLaiutlSs tcjneya
Office and Post 001cc Address ho 32 sasssu
Street Hnrough of Manhattan hew ozk CI
New York i r
ro til Lefendanls JlIiIctt Sttitth If 1sa 1ji
anti her liusbstd If son and If detwssedhet
children and descendsota 01 are also bPtrist
law and next of kin rf saId Loyal I SmIth detl
ceased together with their respectlvn huibaatUVWlw c
and wives It any Ihe names ot ll enlldnatifdnndra
descendants hushatids anal wiaei betngunknow ILtllt
to tlslntlOa lntal I Smith VliIlarn hI Thomoas1b 1
Tymati J tIiomflfnii Lositnder It ferrttttw
Ernest Ii hierdulioc ilarvy S Merriiiew Peraiti I
I tlerrlilew 115111 I Mcrrihese Vlntfred 11 1
Merribew Minnie HMerrihew F4UabeUi C tfeY
rihew Orrel I Merrihew Ulllan A Naxfleli3 anfl
Julia White Holies
The foregoing amended nimrnon iescrv
upon you by pubtlcntlon pumiint lo an orderil
Ion Edward K7JKMII A titmice nl theSoOTelriet T
Court of the State ol Nese York dialed Ibe l lh dijr ihli
of No mber1 lH and filed on thaI day wIth ttufjif
complaint In the office ot Uie Clerk ofti1eC0u25eht
of cw mock at the eountoItrt Itou lcth Iii L
lt enithi arid State ofrawttr j
Bated Noentier 2411 ttit i
tNSVAt Si vicL tttlrreIs rnrPtaInufi
omee and Inst Otiten Aidresc No 3
Street Horough ot Manhsltan ew YcrtCCtiT5 ip
New Yorto
SUPREMF COURT ni
TRIAL DESIRED IN NEW YORK COUhTT
J ROMAINE BROWN and ALEX t
ANDER P W KINNiN asRLccit
tors of the last will end testa
ment ot Loyal U Smith deceased
PlalaUfl tyt
1XYO K sllmi UtLUCENT
SMITH It living and her husband
If ny and If deceased Uer child
ren and descendants who are also
heirs at law and next 6f Kin of Mid I 5 tst
Loyal I Smith deceswd to
gether with their rcprclln > bus
bands and wives If any the names a
of all such children descendants esai
husband and wive Icing BI
known to rlalntins The First
WesleysrtMeUiodlst Church ot afe
ChatyfThe1 Pittsburgh City Ho lrM1
Pita The Young tIeRs Christian
AssoclaUon uf PlattAburgh New
York The Samuel FVlUsllome
The Home for the Friendless In
Northern New Yorki Tlie City < if
Plattsburgh Title Rutrantee and t
Fruit Company as Trustee ol the i
Loyal U SmIU UucaUonsI 1n I rJI
itowment under the Will ol Loyal I pcfr
L Smla Defendants j i
To the bovenamed Defendants Jt iMil
You are hereby summoned lo answer the conrsMjrT > 4
plaint In this action and tu sires a copy ol your c
answer on the Plolntins Attorney within twenty55
days after the sees Ice of thIs lummons excjutiv n < 5f
ol the day of ervlrt tid In caw of 7 oar laltura jjf
la appear or answer Judgment will be taken VV
against you by default for the relief demander
In the complaint iiS
Dated October 12fh 180s < 3J
CONWAY WKltlJ Plaintiff1 Iturnes4i
Office and Post Office Addrru No 1 Naualtjf F S
Street Borough of Manbatunj ewA orl h1I
To the defendant Mllllcrnl STotthIf uitfutya 1
I and her huiband II any and t dce l4ji r AJ
cBlldren and descendant whoare also bln tv t >
law and next of kin of said Loyal L tnnlttuTlej F >
ceased together with their respeUve htlsbetidU Js
aod wIves If any the names of all bItch children P f
descendants husbands and wives being unknown
lo plaintiffs > 4
Tae foregoing summons Is ervrd upon you bwi ir
pubUcsUoa pursuant to an order ot Hon lwar4l fr > f
B McCall a Juitlee ot the hupreme Court ol los
Stale pi New York OaMd November tOUt 1i4A
and filed 6n that dar Uh tim rompUInt In
cites of the Clerk ot the Counly nf New York at a
the County Conrt House In the CJty County unl < f a
State of New York
Dated November Mlh iDol I tt
CONWAY 4 UED Altomew fjr TfftaUBj
Omce and I o l0mee AddresKNo 17 NMtt V
Street Borough MahltanMewiortCI n
NewYork 1 5S 4 J
1
I
I

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