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Times, a newspaper published in the Borough of Manhattan in the City of New York, on November 29 and 30, and December 6, 7, 13, 14, 20 and 21, 1907.
Received and marked in evidence Complainant's Exhibit 18.
Mr. Borland: And proof of such publication having been made by an affidavit of Joseph F. McDonald, principal clerk of the publisher of the New York Times, sworn to December 23, 1907.
I offer in evidence a paper endorsed "Acceptance of appointment of ('entral Trust Company of New York as Trustee under the First ('onsolidated Mortgage of The Third Avenue Railroad ('ompany," dated December 27, 1907, reciting the delivery by The Third Avenue Railroad ('ompany to the Central Trust Company of an instrument of appointment dated December 27, 1907, being Complainant's Exhibit 13, and stating that said ('entral Trust ('ompany of New York accepts said appointment by said Third Avenue Railroad Company as Trustee under said mortgage, and agrees to perfirm the trusts thereof upon the terms and conditions therein set forth.
Received and marked in evidence Complainant's Exhibit 19.
Mr. Borland: I offer in evidence an ori. ginal converance, dated December 27, 1907, by Morton Trust Company, as Trustee, to Central Trust ('ompany of New York, as Trustee, date:l December 27, 1907, executed by Morton Trust Company is Trustee, by Levi P. Morton, president, under its corpor
ate seal and attested by J. I. Burke, assistant secretary; the seal having been duly proved on February 5, 1908, by the affidavit of the president, which instrument has not been recorded, and which purports to grant, release, convey, transfer and assign to the Central Trust Company of New York, as Trustee under said mortgage, dated May 15, 1900, all the assets, properties, rights, pow. ers and trusts of the said Morton Trust Com pany, as such former Trustee, was seized. possessed or in anywise entitled.
Received and marked in evidence ('om plainant's Exhibit 20.
FREDERIC J. FULLER, called as a witness for the complainant, being duly sworn, testified as follows:
Direct-examination by Mr. Borland :
Q. Mr. Fuller, referring to Exhibit 11, offered in evidence to-day, did you serve a copy of that Exhibit upon The Third Avenue Railroad Company?
A. I did.
A. On John Beaver, the secretary of the company, at his office, No. 621 Broadway, Manhattan, on the second day of April, 1908.
Q. You left with him a true copy of that notice?
Q. Did you know Mr. Beaver to be the secretary of The Third Avenue Railroad Company?
A. I did.
The complainant's solicitors tiie notice of hearing, dated August 1th, 1908, returnable on August th, 1908, at 111. M., before Ilon. John A. Shields, one of the Standing Examiners, with proof of serrice on the oth day of August, 1908, upon Edward M. Shepard, solicitor for The Third Avenue Railroad Company; Masten & Nichols, solicitors for Joline & Robinson, as Receivers of the Metropolitan Street Railway Company; Brouson Winthrop, as solicitor of Morton Trust Company; J. Parker Kir
lin, as solicitor for Metropolitan Street Railway