Articles of Association of The Mount Vernon and Eastchester Railway Company, filed November 14, 1887. WHEREAS, the franchises, privileges, easements, rights, liberties, property, estate and effects of the MOUNT VERNON AND EASTCHESTER RAILROAD COMPANY, a corporation formed and incorporated under and by virtue of a general act of the Legislature of the State of New York, entitled "An Act to provide for the construction, extension, maintenance and operation of street surface railroads and branches thereof, in cities, towns and villages," passed May 6th, 1884, and the various acts amendatory thereof, and supplementary thereto, and empowered by said acts to mortgage its property and franchises, have been heretofore, and on or about the 2d day of August, 1887, sold by virtue of a certain mortgage or trust deed executed by said company to Adolph L. Sanger, as Trustee, and bearing date the 1st day of December, 1885. AND WHEREAS, WILLIAM R. BERGHOLZ, MYER THALMESSINGER, JOSEPH Fox and H. K. DOHERTY have become purchasers of the properties and franchises sold, and acquired title thereto in the manner prescribed by law. AND WHEREAS, the purchasers have associated with themselves Fernando Baltes, Adolph Cohn, Eugene Thalmessinger, Herman Hellenberg, Charles H. Roosewith, Edmond E. Wise, Vanderbilt Spader, Calvert C. DuBois, Peter A. Hendrick and David O'Brien. NOW, THEREFORE, we, the said William R. Bergholz, Meyer Thalmessinger, Joseph Fox, H. K. Doherty, Fernando Baltes, Adolph Cohn, Eugene Thalmessinger, Herman Hellenberg, Charles H. Roosewith, Edmond E. Wise, Vanderbilt Spader, Articles of Association. Calvert C. DuBois, Peter A. Hendrick and David O'Brien, the said purchasers and their associates above named, all residents of the State of New York, do hereby state and certify that we have associated ourselves together under and in pursuance of an act of the Legislature of the State of New York entitled "An Act relative to purchasers of the franchises and property of corporations whose franchises and property shall have been sold by mortgage," passed May 9th, 1873, and the various acts amendatory thereof and extending the same for the purpose of becoming and being a body politic and corporate, and as such taking and receiving a conveyance of, and of thereupon succeeding to, possessing, exercising and enjoying all the rights, powers, franchises, privileges, easements, liberties, property, estate and effects included in the aforementioned sale, and theretofore possessed, exercised and enjoyed by the MOUNT VERNON AND EASTCHESTER RAILROAD COMPANY, and acquired and conveyed as aforesaid. AND WE DO FURTHER CERTIFY that: First. The name of the Corporation hereby intended to be formed shall be "THE MOUNT VERNON AND EASTCHESTER RAILWAY COMPANY." Second. The said corporation or association is to continue for One thousand (1,000) years from the 12th day of August, 1885. Third.-The road is constructed and is to be operated and maintained in the village of MOUNT VERNON AND TOWN OF EASTCHESTER in the COUNTY OF WESTCHESTER, STATE OF NEW YORK, along the following streets, avenues and highways, to wit: Commencing on Railroad Avenue, in the said Vil The Mt. Vernon & Eastchester Ry. Co. lage of Mount Vernon, near the Harlem Railroad Depot at West Mount Vernon, running thence in a northeasterly direction to Mount Vernon Avenue, thence through Mount Vernon Avenue southeasterly to the old White Plains road; thence southwesterly along the old White Plains road and across Scott's Bridge to First Street; thence easterly along First Street to the New York, New Haven and Hartford Railroad Depot and Third Avenue; thence returning westerly to Fifth Avenue; thence southerly through Fifth Avenue to the old Boston Post Road; thence easterly along the old Boston Post Road to the road leading to the Town Dock on Eastchester Creek, together with such requisite switches, sidings, turn outs, turntables and suitable stands as may be necessary or convenient for the proper operation and maintenance of such road upon and along the streets, avenues and highways aforesaid. Fourth.-The length of said road, or as near as may be, is two and one-half miles. Fifth. The amount of the capital stock of said Company is to be SIXTY THOUSAND DOLLARS ($60,000), divided into SIX HUNDRED (600) SHARES of the par value of ONE HUNDRED DOLLARS ($100) each. Sixth. The names and places of residence of the Directors, who shall manage the affairs of the Company for the first year, and until others are chosen in their places, are: NAMES. PLACES OF RESIDENCE. William Bergholz.......New Rochelle, N. Y. Eugene Thalmessinger... New York City. Articles of Association. Seventh. The persons whose names and places of residence are hereto subscribed, severally agree to take the number of shares in said Company set opposite their respective names. Dated New York, November 11th, 1887. NAMES. W. R. Bergholz... Horace K. Doherty......New York City.. M. Thalmessinger. NO. OF SHARES. One Hundred One RESIDENCE. New Rochelle..... One Hundred One On this 11th day of November, 1887, before me personally appeared W. R. Bergholz, Horace K. Doherty, M. Thalmessinger, Joseph Fox, Fernando Baltes, Adolph Cohn, Eugene Thalmessinger, Herman Hellenberg, Edmond E. Wise, Vanderbilt Spader, Charles H. Roosewith, Calvert C. DuBois, Peter A. Hendrick and David O'Brien, to me severally personally known and known to me to be the persons described in and who executed the foregoing Articles of Association and they severally duly acknowledged to me that they executed the same for the uses and purposes therein set forth. S. STEINHEIMER, N. Y. Co., The Mt. Vernon & Eastchester Ry. Co. STATE OF NEW YORK, City and County of New York, SS.: I, JAMES A. FLACK, Clerk of the City and County of New York, and also Clerk of the Supreme Court for the said City and County, the same being a Court of Record, DO HEREBY CERTIFY, That S. Steinheimer whose name is subscribed to the certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgment a Notary Public in and for the City and County of New York, dwelling in the said City, commissioned and sworn, and duly authorized to take the same. And further, that I am well acquainted with the handwriting of such Notary and verily believe that the signature to the said certificate of proof or acknowledgment is genuine. [SEAL.] IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the said Court and County, the 11th day of November, 1887. JAMES A. FLACK, Clerk. STATE OF NEW YORK, City and County of New York, Ss. : WILLIAM R. BERGHOLZ, HORACE K. DOHERTY and EDMOND E. WISE, being severally duly sworn, each for himself, deposes and says that he is one of the Directors mentioned in the foregoing Articles of Association, and that one thousand dollars of stock for every mile constructed has been subscribed thereto and ten per cent. paid thereon in good faith and that it is intended in good faith |