in the sum of Ten Thousand Dollars ($10,000) in this Court, conditions for the faithful performance of their duties as such receivers, with good and sufficient surety, and that as soon as they shall collect funds or assets of said defendant, Haight and Freese Company, they shall report the amount thereof from time to time to this Court, in order that the amount of such may be increased if necessary, and it is hereby Ordered, adjudged and decreed, and I hereby order that the said defendant, Haight and Freese Company, its officers, agents, servants, and assigns, and the Seaboard National Bank, the Consolidated National Bank, the Produce Exchange, Safe Deposit and Storage Company, John Doe and Richard Roe, and all other persons and corporations that may have in their possession and control any property effects or credit belonging to the said Haight and Freese Company, or standing in its name or in the name of William H. Lillis, George G. Turner, Harvey Watson, Charles B. Poor, Junior, William G. Conkling, Beardsley, either as officers of said defendant or individually, be and they hereby are enjoined and restrained and stayed until the further order of this Court from paying over or transferring any of said money, property, effects, or assets to any person other than said Receivers, and from permitting any person other than said Receivers to remove the contents of any safe deposit company box or vault, or bank standing in the name of said defendant, Haight and Freese Company, or in the name of either of the officers or employees of the said above mentioned Haight and Freese Company or either of the above named persons, and they and each of them are hereby directed to deliver up the same to the said Receivers forthwith, and it is Further ordered that either of said Receivers may take possession upon his qualification without waiting for the qualification of the other; and that no funds be removed from the jurisdiction of this Court, and I hereby, Further order that the said defendants and each of them show cause before me or such Judge of this Court as may be holding the motion calendar, on the 12th day of May, 1905, at 11 o'clock A. M., or at such other hour as said motion calendar may be called on said day, at the Court House of the [District] Court of the United States for the Southern District of New York, in the General Post Office, County of New York, Borough of Manhattan, City and State of New York, why a writ of permanent injunction should not issue in accordance with the terms of this order, and why the said receivership should not be made permanent, and why the complainant should not have such other and further relief as to the Court may seem just. And sufficient cause appearing, service of this order and such other affidavits as may be served twenty-four hours before said return day shall be sufficient service thereof. May 9th, 1905. E. HENRY LACOMBE, Clerk. (SEAL.) JOHN A. SHIELDS, FORM L.-ORDER EXTENDING RECEIVERSHIP. In the [District] Court of the United States for the Southern District of New York. On this 1st day of October, 1907, this cause came on to be heard upon the petition of Metropolitan Street Railway Company, to be made a party defendant in this suit and for other relief, on consideration whereof, and after hearing J. Parker Kirlin, for said petitioner; James Byrne, for the complainants; and James L. Quackenbush for the defendant. IT IS ORDERED that the petitioner, Metropolitan Street Railway Company, be and it hereby is made a party defendant in this cause. IT IS FURTHER ORDERED that the receivership in this cause be and the same hereby is extended to the properties of said petitioner Metropolitan Street Railway Company as prayed in said petition, and that Adrian H. Joline and Douglas Robinson, heretofore appointed receivers in this cause be and they hereby are appointed receivers of the properties of said petitioner with the powers and duties prescribed by order entered in this cause September 24th, 1907, appointing them receivers in this cause. AND IT IS FURTHER ORDERED that each and every of the officers, directors, agents and employes of said petitioner Metropolitan Street Railway Company, and all other persons whomsoever be, and they are hereby required and commanded forthwith, upon demand of the said recievers or their duly authorized agent, to turn over and deliver to said receivers or their duly constituted representative, any and all books of account, vouchers, papers, deeds, leases, contracts, bills, notes, accounts, moneys or other property in his or their hands or under his or their control, and each of such directors, officers, agents and employees is hereby commanded and required to obey and perform such orders as may be given to them from time to time by the said receivers or their duly constituted representatives, in conducting the operation of the said system and in discharging their duties as receivers. And said petitioner, said Metropolitan Street Railway Company and its officers, directors, agents and employees and all other persons claiming to act by, through or under said petitioner, and all other persons whomsoever are hereby enjoined from interfering in any way whatsoever with the possession or management of any part of said property over which the receivers have been appointed or interfering in any way to prevent the discharge of their duties or their operating the same; and any party in interest may apply for direction. Dated New York, October 1st, 1907. E. HENRY LACOMBE, FORM LI.-ORDER FOR EXAMINATION OF THIRD PARTY BY RECEIVERS. At a Special Term of the [District] Court of the United States for the Southern District of New York, held in the Post Office building, in the Borough of Manhattan, City and County of New York, on the 12th day of July, 1905. Present: Hon. E. HENRY LACOMBE, United States [District] Judge. RIDGWAY BOWKER, Complainant, against HAIGHT & FREESE COMPANY, SEABOARD NATIONAL BANK, CONSOLIDATED NATIONAL BANK, PRODUCE In Equity. JOHN DOE AND RICHARD ROE, Respondents. On reading and filing the petition of Ridgway Bowker, the complainant above named, and of James D. Colt and Beverly Randolph Robinson, who were previously duly appointed receivers of the property of the Haight & Freese Company, and the affidavits of the said three petitioners thereto annexed, respectively sworn to on the 3d and 9th days of June, 1905, and the affidavit of William J. Budd, sworn to June 8th, 1905, the affidavit of Harvey Watson, sworn to June 23, 1905, the affidavit of Luman S. Handley, sworn to June 23, 1905, and the affidavit of Franklin Bien, sworn to June 23, 1905, and the affidavit of Maurice S. Decker, sworn to June 24th, 1905, and the affidavit of Harvey Watson, sworn to June 27, 1905; upon all the papers and proceedings in the above entitled suit in equity, after hearing Roger Foster, William P. Maloney and Frederick J. Moses, Esquires, in support of a motion for the relief prayed for in the said petition, and Franklin Bien, Esquire, opposed; on motion of Roger Foster, attorney for the Receiver Colt, William P. Maloney, attorney for the complainant above named, and Frederick J. Moses, attorney for Receiver Robinson, it is hereby Ordered, that Harvey Watson attend before John J. Townsend, Esq., who is hereby appointed Special Master for said purpose, on Tuesday, July 11th, 1905, at his office, No. Borough of Manhattan, City, County and State of New York, at eleven o'clock in the morning of that day, and at such subsequent days and hours and places as said Master may appoint; and that he then and there submit to an examination by the counsel for the complainant above named and by the counsel for the receivers above named concerning all the property and assets of the Haight & Freese Company which he has in his possession, and all such which he has in his control, and all such which he has had in his possession since May 8th, 1905, and all such which he has had in his control since May 8th, 1905, and concerning such property and assets of the said Haight & Freese Company as he has knowledge or information concerning. E. HENRY LACOMBE, July 1st, 1905. U. S. C. J. FORM LII.-PETITION BY LESSOR CORPORATION FOR EXTENSION OF RECEIVERSHIP FOR ITS PROTECTION. In the [District] Court of the United States for the Southern District of New York. To the Judges of the [District] Court of the United States for the Southern District of New York: The petition of Metropolitan Street Railway Company, by J. Parker Kirlin, its solicitor, respectfully shows as follows: FIRST. The cause is a general creditors' suit and is instituted by the complainants as creditors of the defendant for the administration of the assets and property of the defendant. For the contents of the bill of complaint and of the answer of the defendant to said bill, reference is made to said bill and answer of record in this Court in this cause. By an order of this Court duly entered in this cause on September 24, 1907, made on the bill of complaint and on the answer of the defendant thereto, Adrian H. Joline and Douglas Robinson were duly appointed temporary receivers of the defendant New York City Railways Company and of its property, with the powers and duties prescribed in said order. For the precise terms of said order reference is made to the original order of record in this cause. Said Joline and Robinson have duly qualified as receivers as aforesaid and have entered into possession of the property of said defendant and are now operating the same and collecting the rents, issues and profits thereof. SECOND. Your petitioner is a consolidated corporation under the laws of the State of New York and by virtue of various consolidations is lawfully vested with the lines of street railway in the City of New York and the appurtenant franchises and property formerly of Lexington Avenue and Pavonia Ferry Railway Company, Columbus and Ninth Avenue Railroad Company, South Ferry Railroad Company, Broadway Railroad Company and Metropolitan Crosstown Railway Company. Your petitioner is also the lessee of the lines of street railway in the City of New York of the following companies which by various indentures of lease, demised their respective lines of railway and the appurtenant franchises and property to the petitioner or its predecessors, or to lessors of the petitioner or its predecessors, for terms now unexpired, to wit: Broadway and Seventh Avenue Railroad Company, Sixth Avenue Railroad Company, Ninth Avenue Railroad Company, Twenty-third Street Railway Company, Bleecker Street & Fulton Ferry Railroad Company, Central Park, North and East River Ferry Railroad Company, New York and Harlem Railroad Company (City Line), Second Avenue Railroad Company, Third Avenue Railroad Company, Central Crosstown Railroad Company, Christopher and Tenth Street Railroad Company, By each of said indentures of lease, a right of re-entry is reserved to the lessor in the event of default in the payment of the rent of the demised premises. THIRD. By indenture of lease bearing date the 21st day of March, 1902, between your petitioner of the one part and the defendant New York City Railway Company, which then bore the name of Interurban Street Railway Company, of the other part, your petitioner leased to said defendant the entire system of street railways of your petitioner, including as well all lines owned by your petitioner as all lines leased to your petitioner, for the term of nine hundred and ninety-nine years from the date of said lease, said lessee agreeing to pay by way of rental therefor, in addition to all taxes and assessments on the demised properties, all rentals payable under the leases of said lines leased to your petitioner and inter est on the funded debt of your petitioner and other fixed charges of your petitioner, and an amount equal to seven per cent. per annum upon the existing capital stock of your petitioner and upon such additional capital stock of your petitioner as might thereafter be issued with the written consent of said lessee. Said indenture of lease provides, among other things, that in case said |