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235

ing in this Court in which said Receivers were appointed, or for any other purpose.

And said defendant, The Third Avenue Railroad ('ompany, its officers, directors, agents and employees, and all other persons claiming to act by, through or under said defendant, and all other persons whatsoever, are hereby enjoined from interfering in any way whatever with the possession or management of any part of the property over which the Receiver is hereby appointed, or interfering in any way to prevent the discharge of his duties, and any party in interest may apply for further direction.

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Dated New York, January, 6th, 1908.

E. HENRY LACOMBE,

U. S. Cir. J. Filed January 6th, 1998.

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239

THE THIRD AVENUE RAILROAD

COMPANY; New York City
Railway Company; Adrian II.
Joline and Douglas Robinson,
as Receivers of the New York
City Railway Company; Met-
ropolitan Street Railway
Company; Adrian II. Joline
and Douglas Robinson, as Re-
ceivers of the Metropolitan
Street Railway Company;
The Pennsylvania Steel Com-
pany, The Degnon Contract
ing Company, and Morton
Trust Company, Trustee un-
der Refunding Mortgage dated
March 21st, 1902, made by the
Metropolitan Street Railway
Company,

Defendants.

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KNOW ALL MEN BY THESE PRESENTS, that we, Frederick W. Whitridge of the City of New York, as principal, and the Fidelity and Deposit Company of Maryland, a corporation organized and existing under and by virtue of the laws of the 211 State of Maryland, and having authority to transact business pursuant to the act of Congress of August 13th, 1994, entitled: "An Act Relative to Recognizances, Stipulations, Bonds and Undertakings, and to Allow Certain Corporations to be Accepted as Surety Thereon” Surety, are held and firmly bound unto the Clerk of the United States Circuit Court for the Southern District of New York, and to his successors in office, in the sum of One hundred thousand dollars, lawful money of the United States of America, to be paid to the said Clerk or his successors in office; for which payment, 212 well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents.

SEALED with our seals. Dated this sixth day of January, nineteen hundred and eight.

WHEREAS, in a suit pending in the United States Circuit Court for the Southern District of New York, entitled as hereinabove set forth, the above-named Frederick W. Whitridge was duly appointed Receiver of the said corporation, The Third Avenue Railroad Company.

NOW, THEREFORE, the condition of this obligation is such, that if the above bounden Frederick 213 W. Whitridge shall well and truly perform and discharge the duties of the trust and office of Receiver, and shall account for and pay over what he shall so receive, as hereafter said Court shall direct, then this obligation to be void; otherwise to remain in full force and virtue. FREDERICK W. WHITRIDGE. [SEAL.] FIDELITY AND

AND DEPOSIT
COMPANY OF MARYLAND,
By HUGH M. ALLWOOD,

Attorney-in-fact.
[SEAL.]
Attest: JAMES R. KINGSLEY,

Attorney.

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On the sixth day of January, in the year 1908, before me personally came Hugh M. Allwood, to me known, who, being by me duly sworn, did depose and say, that he resides in the City of New York; that he is the attorney-in-fact of the Fidelity and Deposit Company of Maryland, the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order; and that the Fidelity and Deposit Company of Maryland has been duly authorized to transact business in the State of New York, in pursuance of the statutes in such case made and provided; and that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Section 3, of

Chapter 720 of the Session Laws of the State of 247 New York for the year 1893. And the said Hugh M. Allwood further said that he is acquainted with James R. Kingsley, and knew him to be the attorney of said Company; that the signature of the said James R. Kingsley, subscribed to the within instrument, was in the genuine handwriting of the said James R. Kingsley, and was subscribed thereto by like order of the Board of Directors, and in the presence of him, the said Hugh M. Allwood.

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“Resolved, That Henry B. Platt, vice-president; or James R. Kingsley, attorney; or Frank H. Platt, Edward T. Platt, Joseph A. Flynn, and Hugh M. Allwood, attorneys-in-fact of this Company, in the State of New York, be, and each of them is, hereby authorized and empowered to execute and deliver any and all bonds or undertakings for or on behalf of this Company, in its business of guaranteeing the fidelity of persons holding places of public or private trust and the performance of contracts other than insurance policies, and executing or guaranteeing bonds and other undertakings required or permitted in all actions or proceedings or by law required, and to attach thereto the seal of the Company, the same to be attested by the said James R. Kingsley, attorney of the Company, or

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