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Edward A. Maher.

Admitted and marked Exhibit 49, November 13, 1908, J. A. S., Ex'r.

Mr. Borland: I next offer in evidence the bill of foreclosure filed in the United States Circuit Court, Southern District of New York, in a suit in Equity by the Morton Trust Company against the Metropolitan Street Railway Company and other defendants, verified November 6th, 1907, and filed in the clerk's office of said court, October 9th, 1907, for the foreclosure of a mortgage of $65,000,000 made by Metropolitan Street Railway Company to Morton Trust Company, dated March 21st, 1902, and recorded in the Register's office of New York County, April 8th, 1902, in Liber 10 of General Mortgages, page 114.

Admitted and marked Exhibit 50, November 13, 1908, J. A. S., Ex'r.

Mr. Borland: I next offer in evidence an order made by Hon. E. Henry Lacombe, United States Circuit Judge, dated October 9th, 1907, in said foreclosure suit, Morton Trust Company against Metropolitan Street Railway Company, by which Messrs. Adrian H. Joline and Douglas Robinson are ap pointed receivers of all the property and effects mortgaged or pledged under said $65. 000,000 mortgage last mentioned.

Admitted and marked Exhibit 51, Novem ber 13, 1908, J. A. S., Ex'r.

Edward A. Maher.

Mr. Borland: I next offer in evidence mortgage made by The Third Avenue Railroad Company to the Farmer's Loan & Trust Company Trustee, dated July 1st, 1887, to secure an issue of $5,000,000 of bonds of the denomination of $1,000 each, which mortgage was recorded in the office of the Regis ter of the County of New York in Liber 2,220 of Mortgages, page 380, on November 11, 1887.

Admitted and marked Exhibit 52, November 13, 1908, J. A. S., Ex'r.

Mr. Borland: I next offer in evidence an order dated January 6th, 1908, made by Hon. E Henry Lacombe, United States Circuit Judge, in this foreclosure suit, by which Frederick W. Whitridge, Esq., is appointed receiver of all the railroad, properties and premises, real, personal and mixed, of every kind, mortgaged and pledged under the First Consolidated Mortgage of The Third Avenue Railroad Company to Morton Trust Company as trustee, dated May 15th, 1900, being the mortgage under foreclosure in this suit.

Admitted and marked Exhibit 53, November 13, 1908, J. A. S., Ex'r.

Mr. Borland: I next offer in evidence certified copy of an order made by Hon. E. Henry Lacombe, United States Circuit Judge in this suit, dated and filed January 9th, 1908, directing that said receiver Frederick W. Whitridge be vested with and take pos

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session on Saturday, January 11th, 1908, at midnight, of all the property of which he was appointed receiver by said order of January 6th, 1908, and directing Messrs. Joline and Robinson, receivers of the Metropolitan Street Railway Company and also as receivers of the New York City Railway Company, upon demand of Mr. Whitridge as such receiver to turn over and deliver to said Whitridge as receiver all said property in their hands or under their control mentioned and described in the bill of complaint in this suit.