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250 by either one of the other persons above named, as

occasion may require."

County of New York, ss.:

I, James R. Kingsley, Attorney, of the Fidelity and Deposit Company of Maryland, has compared the foregoing resolution with the original thereof, as recorded in the Minute Book of said Company, and do hereby certify that the same is a true and

correct transcript therefrom, and of the whole of 251 the said original resolution. Given under my hand

and the seal of the Company, at the City of New York, this 6th day of January, 1908.

[SEAL.] JAMES R. KINGSLEY,

Attorney.

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THE THIRD AVENUE RAILROAD

COMPANY; New York ('ity Railway Company; Adrian H. Joline and Douglas Robinson, as Receivers of the New York ('ity Railway Company; Metropolitan Street Railway Company; Adrian H. Joline and Douglas Robinson, as Receivers of the Metropolitan Street Railway Company; The Pennsylvania Steel Company, The Degnon Contracting Company, and Morton Trust Company, Trustees under Refunding Mortgage dated March 21st, 1902, made by the Metropolitan Street Railway Company,

Defendants.

261

NOW, on the 9th day of January, 1908, came Frederick W. Whitridge, Receiver duly appointed herein by an order and filed on the 6th day of Janu

202

ary, 1908, and asks the Court to vest him with im-
mediate possession of the property of which he has
been appointed Receiver, whereupon the Court har-
ing duly considered the said application and being
duly advised in the premises, and it appearing to the
satisfaction of the Court that the said Receiver
has made and entered into arrangements for such
an operating force and for power and other admin-
istrative necessities as will enable him to conduct
the operations of the said railroads and property,
which are the subject matter of this action, withi
due regard to public convenience and without de-
lays or interruption in the service, and on notice of
this motion to Messrs. Masten & Nichols, solicitors
for Messrs. Adrian II. Joline and Douglas Robin
son, Receivers of the New York City Railway Com-
pany, and Metropolitan Street Railway Company,
and on motion of Frederick W. Whitridge, Receiver,
it is

263

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261

ORDERED, that said Receiver, Frederick W. Whitridge, be and he hereby is vested with possession on Saturday, January 11th, 1908, at midnight of the property of which said Receiver was appointed receiver under and pursuant to the order in the above entitled action, dated January 6th, 1908, and that the said Adrian H. Joline and Douglas Robinson, Receivers of the Metropolitan Street Railway Company, and as Receivers of the New York City Raliway Company, upon demand of the Receiver, Frederick W. Whitridge, as aforesaid, turn over and deliver to the said Frederick W. Whitridge, as Receiver, or his duly constituted representative, all the property in their hands or under their control, mentioned and described in the bill of complaint in this action.

E. HENRY LACOMBE,

U. S. C. J.
Filed January 9, 1908.

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