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 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/cletails/cu31924024840724 
 
Charters, Mortgages, 
 
 Franchises and 
 
 Agreements. 
 
 THE CORTLAND AND HOMUR 
 RAILROAD CO. 
 
 THE CORTLAND AND HOMER 
 ELECTRIC CO. 
 
 AND 
 
 THE CORTLAND AND HOMER 
 TRACTION CO. 
 
 Compiled yuly, iSg6, 
 By HORACE E. HAND. 
 
 Press of The Signai,, 
 Ei,MHURST, Pa. 
 
'^%;i^s 
 
THE CORTLAND & HOMER TRACTION COMPANY. 
 
 DIRECTORS, JULY, 1896. 
 
 C. D. Simpson, President Scranton, Pa. 
 
 P. S. Page, ist Vice-President Scranton, Pa. 
 
 Herman Bergholtz, 2d Vice-President . Ithaca, N. Y. 
 Horace E. Hand, Sei. and Treas. . . . Scranton, Pa. 
 
 Harry P. Simpson Scranton, Pa. 
 
 Hugh Dtjffey Corti,and, N. Y. 
 
 Horace t,. Bronson Cortland, N. Y. 
 
 De Forest Van Vleet Ithaca, N. Y. 
 
 Frank C. Cornei,Iv Ithaca, N. Y. 
 
INDEX. 
 
 ARTICLES OF INCORPORATION. 
 
 PAGE. 
 
 The Cortland and Homer Electric Company 23 
 
 The Cortland and Homer Horse Railroad Company . 18 
 
 The Cortland and Homer Traction Company .... 9 
 
 AGREEMENTS. 
 
 Empire State Telephone Company 249 
 
 Grade Crossing, S., B. & N. Y. R. R. Co 122 
 
 Grade Crossing, E., C. & N. R. R. Co 132 
 
 Switch (Stove Co.) 246 
 
 BY-LAWS. 
 
 The Cortland and Homer Traction Company 256 
 
 DEEDS. 
 
 Car House Lot — 
 
 T. Stevenson and wife 210 
 
 The Cortland and Homer R. R, Co 214 
 
 Park— 
 
 C. D. Simpson and wife 243 
 
Power House I<ot — 
 
 The Cortland and Homer R. R. Co 234 
 
 J. S. Bull, et. al 218 
 
 M. S. Alexander, et. al 222 
 
 M. S. Alexander, et. al 230 
 
 B. H. Wheeler and wife 226 
 
 McGrawville — McGraw Corset Company .... 239 
 
 Rights of Way— 
 
 R. D. Brown and wife 178 
 
 Bean & McGraw 196 
 
 C. D. Simpson and wife 206 
 
 N. J. Stevens, et. al 200 
 
 Iv. A. Watrous and wife 182 
 
 A. Welch, et. al 187 
 
 A. A. Wellington and wife 192 
 
 FRANCHISES FOR MUNICIPALITIES. 
 
 Cortland Village (Horse Railroad Co.) 50 
 
 Cortland Village (Traction Company); 51-60 
 
 Cortland Village (Extension) 63 
 
 Cortland Village (Electric I,ight Company) .... 106 
 
 Cortlandville, Town of 66-67-77 
 
 Homer Village (Horse Railroad) 87 
 
 Homer Village (Horse Railroad) 89 
 
 Homer Village (Modification of Franchise) 92 
 
 Homer Village (Traction Company) 93 
 
 Homer Village (Electric lyight Company) loi 
 
 McGrawville Village 1 1 1 
 
 Property Owners' Consents 121 
 
 LEASE. 
 
 Cortland and Homer Railroad Company ^o 
 
MISCELLANEOUS. 
 
 Certificate of Route 115 
 
 Order for Change of Name 117 
 
 Opinion of A'tomey 26 
 
 Opinion of Benjamin 1,. Harmon 29 
 
 Order Permitting Change of Power 45 
 
 MORTGAGES. 
 
 Cortland a^d Homer Traction Company (First) . . . 138 
 
 Cortland and Homer Traction Comp'y (Supplemental) 165 
 
 The Cortland Park Land Co. 
 
 Certificate of Incorporation 265 
 
 Deed — Darwin Totman, et. al 269 
 
 Deed— George Conable 273 
 
 Deed— Clarence D. Simpson, et, al 277 
 
Articles of Incorporation 
 
 OF THE 
 
 Cortland and Homer Traction Co 
 
 I. The name of this corporation shall be The Name 
 Cortland and Homer Traction Company. 
 
 II. The number of "years said corporation shall nuraiio 
 continue shall be fifty years. 
 
 III. The kind of road to be operated shall be a 
 
 ^ Power 
 
 surface street railway, using electricity for its 
 motive power. 
 
 I<eiigth 
 
 IV. The length of said road is not to exceed 
 twelve miles, and one branch thereof is to begin at 
 or near the depot of the Elmira, Cortland and 
 Northern Railroad, in the village of Cortland, 
 Cortland county, N. Y., and to terminate at or near 
 the, north corporate line of the village of Homer, 
 Cortland county, N. Y., and another line to begin 
 in the village of Cortland and to terminate in the 
 village of McGrawville, Cortland county, N. Y. 
 
 V. Said railway is to be located wholly within Location 
 the county of Cortland, N. Y. 
 
10 
 
 VI. The amount of capital stock of said Railway 
 capital stock Company shall be three hundred thousand dollars 
 
 ($300,000). 
 
 VII. The number of shares shall be three 
 Shares thousaud sharcs of the par value of one hundred 
 
 dollars each. 
 
 VIII. The names and postoffice addresses of its 
 Directors Dircctors, who shall manage its affairs for the first 
 
 year, are: P. S. Page, Scranton, Pa.; C. D. Simp- 
 sou, Scranton, Pa.; Horace E. Hand, Scranton, 
 Pa.; Herman Bergholtz, Ithaca, N. Y.; DeF. Van 
 VIeet, Ithaca, N. Y.; E. H, Bostwick, Ithaca, N. 
 Y.; H. L. Bronson, Cortland, N. Y.; E. A. Fish, 
 Cortland, N. Y.; Isaac L. Post, Scranton, Pa. 
 
 IX. The principal office of said corporation is to 
 be located at Cortland, Cortland county, N. Y. 
 
 X. Said railway is to be constructed, beginning 
 at its terminus in the village of Cortland, along 
 the following streets and avenues, to wit: One 
 line commencing on Main street in the village of 
 Cortland, at the Elniira, Cortland and Northern 
 railroad depot, thence on Main street to Homer 
 avenue, and thence along said avenue through the 
 town of Cortland and Main street in the village of 
 Homer to the north corporation line of said village 
 of Homer. Another line commencing at intersec- 
 tion of Main street and Clinton avenue in the vil- 
 lage of Cortland, and thence on Clinton avenue, 
 
 Office 
 
 Route 
 
11 
 
 Church street, Railroad street, Pendleton street, 
 Elm street, Pomeroy street and Port Watson street 
 through the town of Cortlandville, and on Main, 
 Elm and South streets in the village of McGraw- 
 ville. Another line from the intersection of Main 
 street and Groton avenue in Cortland, thence on 
 Groton avenue, Homer avenue, Maple avenue. 
 Woodruff Street and Broadway to Tompkins street. 
 Another line from the intersection of Main street 
 aud Tompkins street in Cortland, thence along 
 Tompkins street. Park street, Frank street, Duane 
 street, Oswego street and Railway avenue to its 
 intersection with Main street to its terminus in the 
 village of Homer. 
 
 XI. The names and postoflEce addresses of each 
 
 subscriber to this Certificate of Incorporation, and 
 
 the number of shares he agrees to take, is as 
 
 follows : 
 
 Residence. no. of Shares. 
 
 Scran ton, Pa 748 
 
 Scranton, Pa 747 
 
 Name. . 
 C. D. Simpson . . 
 P. S. Page . . . 
 Horace E. Hand . 
 Herman Bergholtz 
 DeForest VanVleet 
 E. H. Bostwick. . 
 E. P. Fuller . . . 
 H. L. Bronson . . 
 
 E. A. Fish Cortland. N. Y 
 
 J. A. Maxwell . . . Ithaca, N. Y. . 
 W. J. Davis .... Ithaca, N. Y. . 
 J. Alton Davis . . . Scranton, Pa. . 
 John M. Harris . . .Scranton, Pa. . 
 H. C. Sanderson . . Scranton, Pa. . 
 Isaac I<. Post .... Scranton, Pa. . 
 
 Scranton, Pa 747 
 
 Ithaca, N. Y 747 
 
 Ithaea, N. Y. . 
 Ithaca, N. Y. . 
 Ithaca, N. Y. . 
 Cortland, N. Y 
 
 Subset ibers- 
 
 Total 
 
 . 3 000 
 
In witness whereof, we have hereunto set our 
 hands and seals this 30th day of March, A.D. 1894. 
 
 P. S. PAGE. (L. S.) 
 
 • C. D. SIMPSON. CL. S.) 
 
 HORACK E. HAND. (I^. S.) 
 H. BERGHOI.TZ. (L. S.) 
 def. van VLEET. (L. S.) 
 E. H. BOSTWICK. (L. S.) 
 E. P. FUIvLER^ (L. S.) 
 
 H. L. BRONSON, (L. S.) 
 E A. FISH. (L. S.) 
 
 J. A. MAXWELI/. (L. S ) 
 W. J. DAVIS. (I.. S.) 
 
 J. ALTON DAVIS. . (L. S.) 
 JNO. M. HARRIS. (Iv. S.) 
 H. C. SANDERSON. (L. S.) 
 ISAAC L. POST. (L. S.) 
 
 State of Pennsylvania, ] 
 County of Lackawanna, Vss.: 
 City of Scranton, J 
 
 On this i2th day of May, A.D. 1894, personally 
 appeared before me, a Notary Public in and for 
 said city, county and State, P. S. Page, C. D. 
 Simpson, Horace E. Hand, J. Alton Davis, Jno. 
 M. Harris, H. C. Sanderson and Isaac L. Post, to 
 me known, and known to me to be the same per- 
 sons described in and who executed the annexed 
 Certificate of Incorporation, and they acknowledged 
 they executed the same. 
 
 Witness my hand and oflEcial seal the day and 
 year aforesaid. 
 
 (I.. S ) W. S. DIEHL, Notary Public. 
 
15 
 
 State of Pennsylvania, 
 
 County of Lackawanna, j 
 
 I, Clarence E. Pryor, Prothonotary of the Court ceniecate 
 of Common Pleas, in and for said county, do here- 
 by certify that W. S. Dielil, whose name is signed 
 to the foregoing certificate of acknowledgment, 
 was at the time of making siich acknowledgment a 
 notary public in and for said county, duly com- 
 missioned and sworn, and residing in said county, 
 and was at the time of taking such acknowledg- 
 ment duly authorized to take the same, and author- 
 ized by the laws of said State to take the proof 
 and acknowledgment of deeds, and administer 
 oaths generally, and other instruments, and that 
 I am well acquainted with the handwriting of tbe 
 said W. S. Diehl, and verily believe that the above 
 signature to said certificate of acknowledgment is 
 genuine. 
 
 In testimony whereof, I have hereunto subscribed 
 my name and afiixed my official seal, at Scranton, 
 in said county, this I2th day of May, A. D. 1894. 
 (L. S.) C. K. PRYOR, Prothonotary. 
 
 State of New York, "j 
 County of Tompkins, > ss : 
 City of Ithaca, J 
 
 On this 28th day of April, 1894, personally ap- Acknowkdg- 
 peared before me H. Bergholtz, DeF. Van Vleet, "^^ 
 E. H. Bostwick, E. P. Fuller, J. A. Maxwell and 
 W. J. Davis, to me known to be the same persons 
 described in and who executed the annexed Cer- 
 
14 
 
 tificate of Incorporation, and they acknowledged 
 that they, executed the same. 
 
 CHARLES H. BI,OOD, Notary Public. 
 
 ss. 
 
 Certificate 
 
 Acknowledg- 
 ment 
 
 State of New York, 
 Tompkins County Clerk's Office, 
 
 I, Leroy H. Van Kirk, Clerk of said County and 
 of the Supreme and County Courts thereof, being 
 courts of record, do hereby certify that Charles H. 
 Blood, Esq., was at the date of proof or acknowl- 
 edgment of tlie annexed instrument a Notary Pub- 
 lic in and for said county, duly authorized and 
 qualified to take the same; that I am well ac- 
 quainted with his handwriting and verily believe 
 that the signature to sajd certificate is genuine, 
 and that said instrument is executed and acknowl- 
 edged according to the laws of this State, to en- 
 title it to be recorded therein. 
 
 In testimony whereof, I have hereunto set my 
 hand and affixed the seal of said county and courts, 
 at Ithaca, this 28th day of April, 1894. 
 
 (L. S.) L. H. VAN KIRK, Clerk. 
 
 State of New York, 1 
 County of Cortland, Vss.: 
 City of Cortland, j 
 
 On this 5th day of May, 1894, personally ap- 
 peared before me, a Notary Public in and for said 
 city and county of Cortland, H. L. Bronson and 
 E. A. Fish, to me known aud known to me to be 
 the same persons described in and who executed 
 
Certificate 
 
 15 
 
 the annexed Certificate of Incorporation, and they 
 acknowledged that they executed the same. 
 
 S. K. JONES, Notary Public. 
 
 State of New York, ) , 
 
 Cortland County Clerk's Office, P^'" 
 
 I, Stephen K. Jones, Clerk of said County and 
 of the Supreme and County Courts therein, which 
 are courts of record, do hereby certify that S. K. 
 Jones, before whoiii the annexed instrument was 
 proved or acknowledged, was at the time of taking 
 such proof or acknowledgment, a Notary Public 
 in and for said county, duly authorized and quali- 
 fied to take the same. . And further, that I am 
 well acquainted with his handwriting and verily 
 believe that the signature thereto is genuine. And 
 I further certify that the said instrument is exe- 
 cuted and acknowledged in accordance with the 
 existing laws of the State of New York. 
 
 In testimony whereof, I have hereunto set my 
 hand and affixed the seal pf said county and courts, 
 at Cortland, this 5th day of May, 1894. 
 
 (L. S.) S. K. JONES, Clerk. 
 
 State of Pennsylvania, | 
 County of Lackawanna, j 
 
 P. S. Page, Horace B. Hand and Isaac L,. Post 
 being duly sworn, depose and say that they are Affidavit of 
 Directors named in the Articles of Incorporation 
 hereto annexed ; that ten per cent, of the amount 
 of capital stock authorized by law has been sub- 
 
16 • 
 
 scribed to and paid in good faith and in cash to 
 the Directors named in the Certificate, and that it 
 is intended in good faith to build, complete, main- 
 tain and operate the road mentioned therein. 
 
 P. S. PAGE. 
 HORACK E. HAND. , 
 ISAAC L. POST. 
 
 Sworn and subscribed before nie this 12th day 
 of May, A.D. 1894. 
 
 (L. S.) W. S. DIEHL, Notary Public. 
 
 State of New York, ^^ 
 
 Office of the Secretary of vState, j 
 
 I have compared the preceding with the original 
 ceruficate Certificate of Incorporation of the Cortland and 
 Homer Traction Companj'^, filed and recorded in 
 this office on the 14th day of May, 1894, and do 
 hereby certify the same to be a correct transcript 
 therefrom and of the whole of said original. 
 
 Witness my hand and the seal of office of the 
 Secretary of State, at the city of Albany, this 14th 
 day of May, one thousand eight hundred and 
 ninety-four. 
 
 (I,. S ) JOHN PALMER, Secretary of State. 
 
 [Duplicate.] 
 $375.00. Treasurer's Office, State of New York, 
 
 Albany, May 14, 1894. 
 Received from the Cortland and Homer Trac- 
 tion Company three hundred and seventy-five dol- 
 lars in full of tax of one-eighth of one per centum 
 
17 
 
 upon the capital stock of $300,000 of the above- 
 named company, for the privilege of organization, 
 pursuant to chapter 143, laws of 1886. 
 
 'HEDDIN HESS, Deputy Treasurer. 
 WM. J. MORGAN, Deputy Controller. 
 
 Recorded in . County Clerk's office, in Book i of 
 Cert, of Incorporation. 
 
 State of New York, ) 
 
 Cortland County Clerk's Office, ) ^^•■ 
 
 I, Stephen K. Jones, Clerk of said county, and 
 of the Supreme and County Courts therein, which certificate 
 are courts of record, do hereby certify that I have 
 compared the foregoing with the original now on 
 record in said office, and that it is a correct tran- 
 script therefrom and of the whole of said original 
 certificate of incorporation or endorsements 
 thereon. 
 
 In testimony whereof, I have herunto set my 
 hand and affixed the seal of said County and 
 Courts, at Cortland, this 31st day of December, 
 1894. 
 
 S. K. JONES, Clerk. 
 
18 
 
 Articles of Association 
 
 OF 
 
 The Cortland' and Homer Horse 
 Kailroad Company, 
 
 MADE AND ENTERED INTO THE TWENTY- 
 SECOND DAY t)F FEBRUARY, 1882. 
 
 The subscribers hereby agree with each other to 
 form a company pursuant to the act of the Legisla- 
 ture of the State of New York, entitled "An Act to 
 Purpose authorize the formation of railroad corporations and 
 
 to regulate the same," |>assed April 2, 1850, and the 
 acts amendatory thereof, for the purpose of con- 
 structing, maintaining and operating a railroad for 
 public use in the conveyance of persons and 
 property, from, at or near the depot of the Utica, 
 Ithaca and Elmira Railroad, in the village of Cort- 
 land, in the County of Cortland, thence north- 
 wardly through the village of Cortland, and the 
 town of Cortlandville, and through the village of 
 Homer to the north line of the corporation of said 
 village of Homer, in said County of Cortland, be- 
 ing about four miles of road proposed to be con- 
 
Name 
 
 structed, and the subscribers hereby declare and 
 specify, pursuant to the act aforesaid, as follows : 
 
 First. That the name of said corporation shall 
 be The Cortland and Homer Horse Railroad 
 Company. 
 
 Second. The said company shall continue fifty Duration 
 years 
 
 Third. That the said railroad is proposed to be 
 constructed from,^ at or near the depot of the Utica, 
 Ithaca and Blmira Railroad Depot, thence north- ^""'^ 
 wardly through the village of Cortland, and the 
 town of Cortlandville, and through the village of 
 Homer, to the north line of the corporation of the 
 said village of Homer, in the County of Cortland, 
 being a distance of about four miles. 
 
 The said County of Cortland being the only 
 county in the State of New York into or through 
 which said railroad is intended to pass, or in 
 which it is intended to be made. . 
 
 Fourth. The capital stock of said company 
 shall be forty, thousand dollars, which shall be di- 
 vided into eight hundred shares, of fifty dollars 
 each. 
 
 Fifth. The number of directors who shall man- 
 age the affairs of the company shall be thirteen. 
 
 Sixth. The names and places of residence of 
 
 Capital Stock 
 
 Directors 
 
26 
 
 the directors of said company for the first year, 
 and until others are chosen in their places are : 
 
 Horace P. Goodrich .... Cortland, N. Y. 
 William S. Copeland .... Cortland, N. Y. 
 
 R. Holland Duell Cortland, N. Y. 
 
 James C. Carmichael .... Cortland, N. Y. 
 
 John S. Barber Cortland, N. Y. 
 
 Cha.s. C. Taylor Cortland, N. Y. 
 
 William E. Taylor . . . Binghamton, N. Y. 
 
 Oliver Glover Homer, N. Y. 
 
 Ernest M. Hulbert Cortland, N. Y. 
 
 James M. Milne Cortland, N. Y. 
 
 Samuel E. Welch Cortland, N. Y. 
 
 William H. Clark' ..... Cortland, N. Y. 
 Lawrence J. Fitzgerald . . . Cortland, N. Y. 
 
 In witness whereof, we the undersigned, have 
 hereunto subscribed our names, specified our re- 
 spective places of residence, and the number of 
 shares of the capital stock of said company afore- 
 said, taken and held by us respectively, this 22nd 
 day of February, 1882, and to pay for the same as 
 may be required by the Board of Directors. 
 
 Name. Residence. No. of Sharks. 
 Horace P. Goodrich . . Cortland, N. Y 4 
 
 John S. Barber . . 
 Charles C. Taylor . 
 Wm. E. Taylor . . 
 R. Holland Duell . 
 O. U. Kellogg . . 
 E. Keator .... 
 J. C. Carmichael . 
 Wm. S. Copeland . 
 
 Cortland, N. Y 4 
 
 Cortland, N. Y 4 
 
 Binghamton, N. Y 4 
 
 Cortland, N, Y 4 
 
 Cortland, N. Y 4 
 
 Cortland, N. Y 4 
 
 Cortland, N. Y 4 
 
 Cortland, N. Y. 4 
 
 Ernest M. Hulbert . . Cortland, N. Y 4 
 
^1 
 
 Namb. i^. Residence. No. of Shares, 
 
 Wm. H. Clark .... Cortland, N. Y 4 
 
 James S. Squires . . . Cortland, N. Y 4 
 
 E. A. Fish Cortland, N. Y 4 
 
 S. E. Welch Cortland, N. Y 4 
 
 A. P. Smith Cortland, N. Y 4 
 
 Oliver Glover Homer, N. Y 4 
 
 James M. Milne .... Cortland, N. Y 4 
 
 John D. Scherraerhorn . Cortland, N. Y 4 
 
 Randolph Beard . . . . Cortland, N. Y 4 
 
 Lawrence J. Fitzgerald. Cortland, N. Y 4 
 
 Fred Stevenson .... Cortland, N. Y 4 
 
 W. N. Brockway . . . Homtr, N. Y i 
 
 C. Hitchcock Homer, N. Y 2 
 
 J. A. Tis/iale Cortland, N. Y i 
 
 B. A. Benedict .... Cortland, N. Y 4 
 
 ss.: 
 
 Total 92 
 
 $4, 600 
 
 State of New York, 
 Cortland County, 
 
 The undersigned, Horace P. Goodrich, John S. 
 Barber and R. Holland Duell, three of the direct- 
 ors, and three of the persons named in the fore- 
 going articles of association being duly sworn, do 
 depose and say, and each for himself does depose 
 and say that at least one thousand dollars of stock 
 for every mile of railroad proposed to be made by 
 the terms of said articles of association, has been 
 in good faith subscribed thereto; that ten per cent, 
 in cash has been paid thereon in good faith, and 
 that it is intended in good faith to construct, main- 
 
tain and operate the road mentioned'-in such ar- 
 ticles of association. 
 
 HORACE P. GOODRICH. 
 
 JOHN S. BARBER. 
 
 R. HOIvLAND DUEI.I.. 
 
 Sworn and subscribed before me this 24th day 
 of February, 1882. 
 
 [Seai,.] E. KEATOR Notary Public. 
 
 State of New York, , 
 
 ' ^ ss. 
 
 Office of Secretary of State, j 
 
 Filed and Recorded February 25, 1882. 
 
 ANSON S. WOOD, Deputy Secretary of State. 
 
23 
 
 Articles of Association 
 
 OF THE 
 
 Col'tland and Homer Electric Co. 
 
 State of New York, 
 County of Cortland, 
 
 ss.: 
 
 We, the undersigned, desiring to become a cor- 
 poration for the purpose herein specified, pursuant 
 to the provisions of "The Transportation Corpora- 
 tion's Law," articles, section 60, do hereby certify: 
 
 First. The name of the corporation is to be "The 
 
 ^ Name 
 
 Cortland and Homer Electric Company." 
 
 Second. Its objects are to be, manufacturing 
 and using electricity for producing light, heat or 
 power, and in lighting streets, avenues, public objects 
 parks and places, and public and private dwellings 
 of the villages of Cortland and Homer, in the 
 towns of Cortlandville and Homer, Cortland 
 County, N. Y. 
 
 Third. The amount of its capital stock is' to be capital stock 
 $50,000,00. 
 
Shares 
 
 Location 
 
 Acknowledg- 
 ment 
 
 24 
 
 Fourth. The term of its existence is to be fifty 
 years. 
 
 Fifth. Thenuniber of shares of whicli the stock 
 shall consist is to be 2,000 of $25.00 for each share. 
 
 Sixth. The number of directors is to be three. 
 
 Seventh. The names and places of residence of 
 the directors who are to serve for the first year are 
 as follows, viz.: 
 
 C. B. Hitchcock Tallapoosa, Ga. 
 
 F. B. Hitchcock Cortland, N. Y. 
 
 H. Wells Cortland, N. Y. 
 
 Eighth. The names of the towns and counties 
 in which operations of the corporation are to be 
 carried on are Cortlandville and Homer, in Cort- 
 land County, New York State. 
 
 In witness whereof, we have made, signed and 
 acknowledged this certificate in duplicate, this 28th 
 day of December, 1891. 
 
 C. B. HITCHCOCK. 
 
 F. B. HITCHCOCK. 
 
 HARRISON WELLS. 
 
 State of New York, 1 
 Comity of Cortland, J 
 
 On this 28th day of December, 1891, before me, 
 personally came C. B. Hitchcock, F. B. Hitchcock 
 and H. Wells, to me severally known, and known 
 to me to be the persons described in and who made 
 and signed the foregoing certificate, and severally 
 
25 
 
 duly acknowledged to me that they had made, 
 sigued and executed the same for the uses and 
 purposes herein set forth. 
 
 MARK BROWNElvlv, Nt)tary Public. 
 
 State of New York, 1 
 
 Office of the Secretary of State, J 
 
 I have compared the preceding with the original 
 Certificate of Incorporation of the Cortland and 
 Homer Blectric Company with acknowledgment 
 thereto annexed, filed and recorded in this oflSce, 
 on the 2nd day of January, 1892, and do hereby 
 certify the same to be a correct transcript there- 
 from and of the whole of said original. 
 
 Witness, my hand and the seal of office of the 
 Secretary of State at the city of Albany, this 2nd 
 day of January, one thousand eight hundred and 
 ninety-two. 
 
 FRANK RICE, Secretary of State. 
 
 Filed and recorded in County Clerk's office. 
 
 Certificate 
 
26 
 
 Opinion of Attorney. 
 
 "The Cortland & Homer Horse Railroad Com- 
 pany" was duly incorporated February 25th, 1892, 
 by Certificate of Incorporation dnly filed in the 
 office of the Secretary of State at Albany, N. Y., 
 on that date. 
 
 I have carefully examined the original Certi- 
 ficate of Incorporation thus filed, and am of the 
 opinion that every necessary step was taken, and 
 that the Company was legally incoporated and has 
 done no act or thing since its incorporation to in- 
 validate its charter. 
 
 On the 19th day of June, 1894, " The Cortland 
 & Homer Horse Railroad Company " by proceed- 
 ings, duly and legally had, changed its name, by 
 an order of the Supreme Court, as provided by 
 statute, to " The Cortland & Homer Railroad 
 Company." 
 
 On the day of Maj?^, 1894, the capital stock 
 
 of " The Cortland & Homer Railroad Company " 
 was increased from Forty Thousand Dollars 
 ($40,000) to One Hundred and Fifty Thousand 
 Dollars ($150,000) by proceedings duly had before 
 the Railroad Commissioners of the State of New 
 
York. Thp proceedings were conducted by me 
 and were in all respects legally had. 
 
 " The Cortland & Homer Traction Company " 
 was incorporated by me May lotli, 1894, with a 
 capital stock of Three Hundred Thousand Dollars 
 ($300,000). The proceedings incident to said in- 
 corporation were legally had, and such incorpora- 
 tion is in every respect legal and in accordance 
 with the Railroad Law of the State of New York. 
 
 " The Cortland & Homer Traction Company " 
 owns all of the stock of " The Cortland & Homer 
 Railroad Company, " but because of the fact that 
 the charter of the said Company was, in some re- 
 spects, broader than that of " The Cortland & 
 Homer Traction Company, " it has, by my advice, 
 been thought best to continue the organization of 
 "The Cortland & Homer Railroad Company," 
 which has been done, and in accordance with my 
 advice, the said " Cortland & Homer Railroad 
 Company, " by a written instrument dated June 
 ist, 1894, and recorded in the office of the Secre- 
 tary of State, leased its roadlto " The Cortland & 
 Homer Traction Company " perpetually. 
 
 Having been the attorney of " The Cortland & 
 Homer Traction Company " from the time of its 
 incorporation, and having known personally of 
 each step that it has taken, I am of the opinion, 
 that all of the proceedings heretofore had, in the 
 matter of the incorporation of " The Cortland & 
 Homer Traction Company, " as well as the legal 
 
2^ 
 
 Status of " The Cortland & Homer Railroad Com- 
 pany, " of which it is the owner and lessee, is per- 
 fect so far as its legality is concerned. 
 
 I am further of the opinion, that the Bonds of 
 " The Cortland & Homer Traction Company, " 
 upon its railroad and all of its holdings, incliiding 
 " The Cortland Electric Company, " are legal, 
 and there are no reasons, either legal or equitable, 
 why said Bonds should not be a first class security 
 upon the property mortgaged as collateral to said 
 Bonds. 
 
 Dated, Ithaca, December loth, 1894. 
 
 Deforest van vleet. 
 
2d 
 
 Opinion. 
 
 STRONG, HARMON & MATHEWSON, , 
 
 NO. 45 WILLIAM STREET, 
 
 Theron G. Strong, 
 
 Benjamin L. Harmon, Ng^ YORK, January 3, 1894 
 
 Charles F. Mathewson, ' •' f "" ^^' 
 
 Horace E. Hand, Esq., Secretary Cortland 8l 
 Homer Traction Co., Scranton, Pa. 
 
 Dear Sir : 
 
 Referring to your favor of the 31st ult, I de- 
 sire to state tliat I have examined the Certificate 
 of Incorporation of The Cortland & Homer Trac- 
 tion Company and find that the same is in sub- 
 stantial compliance with the statutory require- 
 ments of this State, and has been properly re- 
 corded and filed. Yours truly, 
 
 BENJAMIN L. HARMON. 
 
30 
 
 Recital 
 
 Lease. 
 
 This Indenture, made the 28th day of June, 
 A. D. 1894, between The Cortland and Homer 
 Railroad Company, a corporation of the State 
 of New York, party of the first part, and The 
 Cortland and Homer Traction Company, a 
 corporation of the State of New York, party of the 
 second part: 
 
 Whereas, The Cortland and Homer Horse Rail- 
 road Company was heretofore duly incorporated 
 under the laws of the State of New York, by 
 Articles of Association, filed in the office of the 
 Secretary of State, February 25, A. D. 1882. and 
 has constructed and operated a street railway in 
 Cortland county. 
 
 And whereas, by a decree of the Supreme Court 
 upon proceedings duly had, the name of said cor- 
 poration has been changed to The Cortland and 
 Homer Railroad Company. 
 
 And whereas, the party of the second part here- 
 to is desirous of leasing, maintaining, operating 
 and extending the Street Railway of said party of 
 the first part. 
 
I^ease 
 
 31 
 
 Now this Indenture witnesseth, that the said 
 party of the first part, in consideration of the sum 
 of one dollar to it in hand paid by the said party 
 of the second part, the receipt whereof is hereby 
 acknowledged, and of the covenants and agree- 
 ments hereinafter contained to be kept and per- 
 formed by the party of the second part, has granted, 
 leased and demised and doth by these presents 
 grant, lease and demise to the said party of 
 the second part, its successors and assigns, all 
 property and franchises now owned or hereafter to 
 be acquired by said party of the first part, and all 
 the right, title and interest which said part of the 
 first part now has or may hereafter acquire 
 -therein, that is to say : 
 
 All the Street Railway of the said party of the 
 first part now built or in process of construction Railway 
 or hereafter to be constructed, situate in the Town 
 of Cortland, in the County of Cortland and State 
 of New York, or elsewhere in said county. 
 
 Xogetber with all franchises, equipment and 
 property connected therewith, or held and enjoyed 
 by the said party of the first part, that is to say, Franchises 
 as follows : — Together with the tenements, fixtures, 
 goods and chattels of the said party of the first 
 part ; its right of way, property, franchises, rights, 
 privileges, interests and estates of every nature 
 and description; its rails, ties, spikes, buildings, 
 fences, turn tables, horses, mules, wagons,, carts 
 
Property 
 
 32 
 
 and erections of all kinds; its cars, engines, motors, 
 tools, machinery, wires, poles; its rents, reserva- 
 tions and reversions of every nature, including all 
 property which said party of the first part now 
 owns or may hereafter acquire in connection with 
 said railway; also all benefits arising from all or 
 any contracts or leases or agreements, which said 
 party of the first part has made or may hereafter 
 make or acquire, or may hereafter be entitled to 
 receive by law or in equity; also all tolls, rents, 
 profits, income, interest, or issues which may here- 
 after accrue to said party of the first part from any 
 source whatever in connection with its said road, to 
 be used by said party of the second part for its own 
 use. 
 
 T'his JvCase includes not only all the property 
 of the party of the first part on the day of the date 
 hereof, but all subsequent additions, and is made 
 subject to all debts and liabilities of said party of 
 the first part of every kind and nature, whatso- 
 ever, contracted or incurred prior to said date, 
 which are hereby assumed and shall be paid by 
 the party of the second part as part of the con- 
 sideration of this lease; and in consideration there- 
 of it is agreed that all the moneys, assets, leases, 
 contracts and rights of action and property of the 
 party of the first part of every description now 
 owned by them shall be conveyed to and held ab- 
 solutely by the party of the second part for its 
 
Habendum 
 
 33 
 
 own use for and during the term of this lease or 
 any renewal thereof. 
 
 To Have and to Hold said demised railway 
 
 property and premises aforesaid unto the said 
 
 party of the second part, its successors and assigns 
 
 for and during the term of thirty-seven years, 
 
 eight months and one day from the day of the date 
 
 hereof, to be fully completed and ended on the 2ist 
 
 day of February, A. D. 1932. And, 
 
 ■ .'■> 
 )iVbereas, the time mentioned in the Articles 
 
 of Association of the said party of the first part ex- 
 pire on the said 22nd day of February, A. D. 1933, 
 said party of the first part agrees that it will on or 
 before that day take such action, under the laws 
 of the State of New York, if requested so to do by 
 the party of the second part, as may be necessary 
 to obtain perpetual renewals or extensions of their 
 charter as authorized by law, and this lease shall 
 be continued upon the same terms for such further 
 period as said party of the first part shall secure 
 an extension or extensions of the term of its 
 chai-ter. 
 
 In Case s.iid party of the first part should fail 
 to take the necessary steps to obtain a renewal of 
 their charter, as provided herein, within six months 
 prior to the date of such expiration, they hereby Trustee 
 constitute and appoint said party of the second 
 part trustee to hold the possession and use of the 
 property hereby demised during the continuance 
 
 Renewal ot 
 Charter 
 
34 
 
 Maintenance 
 
 of this lease and the renewals herein provided for, 
 for the use of said party of the second part and to 
 preserve the right of the several stock holders of 
 the party of the first part therein. 
 
 . And in consideration of the premises, the parly 
 of the second part has covenanted and agreed and 
 doth by these presents covenant and agree, for it- 
 self, its successors and assigns, to and with the 
 party of the first part, its successors and assigns, 
 that it, the said party of the second part, at all 
 times- during the contihijance of the said term of 
 this lease, maintain, manage, use and operate and 
 keep in good and working order, condition and re- 
 pair at its own expense, the entire line of the said 
 demised railway, and all extensions and branches 
 thereof and keep the same supplied with motive 
 power, rolling stock and equipments, so that the 
 traffic and business of the road shall be encouraged 
 and developed, and reasonable accommodation given 
 to the public, and shall and will deliver up the said 
 railway and all its buildings, fixtures and appur- 
 tenances, at the expiration of said term, in good 
 order and repair. 
 
 S^id party of the second pgit further agrees as 
 rental, to pay all taxes and assessments at any 
 time hereafter imposed upon the party of the first 
 part, under authority of the United States, State, 
 County, City, Borough or Township Laws, or upon 
 the whole or any part of said road, its buildings. 
 
35 
 
 cars or appurtenances, or any property hereby 
 demised. 
 
 And as a further consideration of this lease the 
 party of the second part hereby covenants and 
 agrees that it will assume and pay all damages, 
 demands and liabilities which may arise or be in- 
 curred, or have arisen or have been incurred by 
 reason of any injury or damage to persons or per- 
 sonal property and all other damages whatsoever 
 resulting from or growing out of the maintenance, 
 repair or operation of said railway by the party of 
 the second part, and will pay any penalties which 
 may be imposed upon the railway of the party of 
 the first part, or upon said party of the.firstpart, by 
 reason of any neglect or omission of the party of 
 the second part to comply with any statute, or by 
 the commission of any act whith may be pro- 
 hibited by law in use of said railway, and the in- 
 terests hereby granted, and the said party of the 
 second part agrees to indemnify and save harmless 
 said pg,rty of the first part against all expense, 
 loss, damage- and cost by reason of any of the mat- 
 ters and things aforesaid, and against any and all 
 costs and expenses in any suit or proceedings 
 authorized in the name of or instituted against the 
 said party of the first part. 
 
 And in consideration of the premises the party 
 of the. first part, for itself, its successors and as- '^'^s°d?^°'^ 
 signs, covenants and agrees. to and with the party 
 of the second part, its successors and assigns. 
 
36 
 
 Reports 
 
 Subscriptions 
 to Stock 
 
 First. That the said party of the first part 
 and its successors shall and will whenever re- 
 quired by the party of the second part, or its 
 successors, during the continuance of this lease, 
 make all the reports required by the laws of 
 the State of New York, or the United States, and 
 do and perform any and every corporate act which 
 may be necessary, useful or appropriate, in the judg- 
 ment of the said party of the second part, to secure 
 to the said party of the second part or its success- 
 ors the full enjoyment of the premises hereby de- 
 mised, and of eyery franchise, right, easement, 
 power and privilege connected therewith or apper- 
 taining to the same, now possessed or which may 
 hereafter be possessed by the party of the first 
 part, or its successors, and hereby granted or in- 
 tended to be granted to the party of the second 
 part and its successors under this instrument; and 
 that it, the said party of the first part, will take 
 any and all action required for the purpose of ex- 
 tending its road to any point authorized by law 
 only when and as requested by said party of the 
 second part; and for the purpose of providing the 
 means for such extension, the party of the first 
 part agrees, upon the reqiiest of the party of the 
 second part in writing, to call in any unpaid sub- 
 scriptions to the capital stock or to increase its 
 capital stock to such an amount as may be neces- 
 sary for the purpose, or to issue such an amount 
 of bonds and secure the same by a mortgage, as 
 
Kxteuslons 
 
 37 
 
 shall be necessary for this purpose, and to do 
 either or all of such acts as requested by said party 
 of the second part. In case said party of the second 
 part shall elect to construct any or all such exten- 
 sions, then said party of the first part covenants and 
 agrees to issue to said party of the second part, 
 full paid, such an amount of stock of said party of 
 . the first part, or such an amount of bonds, to be 
 authorized, as shall, at the cash value thereof, pay 
 for the actual cost of such extension. And said 
 party of the first part further agrees that it will 
 maintain its corporate organization for these pur- 
 poses. All expenses incurred by the party of the 
 first part under this article to be borne by the 
 party of the second part. 
 
 It being expressly understood and agreed by 
 and between the parties hereunto that in case any Bo„dg 
 bonds should be issued by said party of the second 
 part for the purpose of building any extension or 
 improving said property, that the party of the 
 second part as a further rent or consideration of 
 this lease, shall guarantee the payment of the 
 principal and interest of any and all such bonds 
 in the same manner as the guaranty on the first 
 mortgage bonds hereinbefore provided for. 
 
 Second. That the said, party of the first part 
 will hereafter at any time, upon request of the further con- 
 party of the second part, give, make, execute and 
 deliver such further and other conveyances and 
 
38 
 
 Warranty 
 
 assurances, papers and instruments as may be 
 necessary or proper to call into full force and eflfect 
 all the objects and purposes of this Indenture ; and 
 further covenants to include by a lease to said 
 party of the second part, its successors and assigns, 
 such as counsel learned in the law shall advise, 
 all after-acquired property, rights and franchises 
 whatsoever as is contemplated hereinbefore in this 
 instrument. 
 
 Third. That it, the said party of the first part, 
 covenants that it is well and lawfully seized and 
 possessed of the premises hereby demised, and has 
 full power to convey the same as aforesaid, and 
 the same in the quiet enjoyment of the said party 
 of the second part, its successors and assigns, 
 shall warrant and defeud. 
 
 Management 
 
 Fourth. That the said party of the second part 
 shall at all times during said term have the full 
 and exclusive right to manage, use and control 
 said demised railway and premises and to regulate 
 and' determine the rates of tolls, freights and 
 charges of transportation over the whole or any 
 part of said demised railway and premises, and to 
 charge and collect the same and appropriate the 
 same to its own use, provided the same shall not 
 exceed the amount authorized by law ; and shall 
 have, use, exercise and enjoy all the rights, powers 
 and authority aforesaid, and all other corporate 
 powers and all rights, powers, easements and priv- 
 
39 
 
 ileges now possessed or which may hereafter be 
 acquired by the party of the first part, necessary 
 or convenient to the use, possession, enjoyment, 
 management, or operation of the road as herein 
 provided, which can or may be lawfully exercised 
 and enjoyed on or about or in connection with said 
 demised railway and premises, and the mainte- 
 nance and operation thereof. 
 
 Fifth. That the said party of the first part, its 
 successors and assigns, will not, without first hav- 
 ing obtained the consent in writing of the said 
 party of the second part thereto, create or author- 
 ize to be created by mortgage, trust, deed, or oth- 
 erwise, any lien or incumbrance upon said demised 
 premises or any part thereof during the contin- 
 uance of said lease. 
 
 And to enable the said party of the second part 
 to beneficially enjoy said property, rights, privi- power ot 
 leges and benefits herein demised and mentioned 
 and specified, the said party of the first part here- 
 by appoints the said party of the second part, its 
 successors and assigns^ its attorney irrevocably 
 with power of substitution, with full power and 
 right, at the expense of said party of the second 
 part, to use the name of said party of the first 
 part in and about the business, maintenance, 
 operation and use of said road, with power to make 
 any and all contracts in proper furtherance of the 
 objects hereinbefore set forth, and not otherwise. 
 
 Attorney 
 
40 
 
 Rolling Stock 
 
 Termination 
 
 with any person or corporation, in the name of the 
 said party of the first part, and generally to do all 
 other acts and things in and about the premises 
 which said party of the first part might lawfully 
 do at the expense of said party of the second part, 
 to use the name and seal of the said party of the 
 first part in and about anj?- legal proceedings and 
 suits, either at law or in equity, as the said party 
 of the second part may deem necessary and requi- 
 site in carrying out the objects and intentions of 
 this Indenture. All additioual rolling stock and 
 all other personal property which said party of the 
 second part shall purchase or obtain, for any pur- 
 pose in connection with the railroad, or other 
 property hereby demised, shall be and remain the 
 property of the party of the second part, and may, 
 as well as any rails, sleepers, cars, motors, ties, 
 poles or other property which it desires to remove 
 for the purpose of repair or improvement be re- 
 moved and disposed of by said party of the second 
 part for its own use; it being always understood 
 and agreed, however, that it shall keep and deliver 
 up said railway and rolling stock and other prop- 
 erty hereby demised, in as good repair and good 
 working order and condition, as hereinbefore 
 agreed. It being understood that the property so 
 to be delivered up shall only be required in equal 
 value with that hereby leased. 
 
 This I/ease is upon Condition that the fail- 
 ure of said party of the second part for a period of 
 
41 
 
 three months to perform the covenants in thig 
 lease shall'terminate the said lease if the party of 
 the first part so elect, and thfereupon said party of 
 the first part may re-enter and take possession of 
 said demised premises. 
 
 And it is mutually agreed that in case the party 
 of the second part shall be deprived of the posses- 
 sion of the premises hereby demised by legal pro- 
 ceedings under the mortgage or otherwise, this 
 lease shall thereupon be in all parts terminated. 
 
 This Lease is made and executed in duplicate 
 by virtue of a resolution of the Board of Directors 
 of each of said Companies, duly ratified, approved 
 and authorized by the stockholdors of said Com- 
 panies at separate meetings held after due legal 
 notice, 6n the 28'th day of June, A. D. 1894., 
 
 In witness whereof, the said parties hereto 
 
 , have caused thfese presents to be sighed by their 
 
 riespective Presidents and their corporate seal to 
 
 be hereto affixed, and the same to be duly attested. 
 
 THE CORTLAND AND HOMER RAILROAD CO. 
 By Chas. H. Garrison, Pres. [seal] 
 Attest : L. D. Garrison Secretary. 
 
 THE CORTLAND AND HOMER TRACTION CO. 
 By P. S. Page, V.-Pres. [seal] 
 Attest : Horace E. Hand, Secretary. 
 
 Authority 
 
Acknowledg- 
 ment 
 
 42 
 
 State of New York, | 
 County of Cortland, >ss.: 
 Village of Cortland, ) 
 
 On this sixth day of December, in the y^ar one 
 thousand eight hundred and ninety-four, before 
 me, the subscriber, personally appeared C. H. 
 Garrison, with whom I am personally acquainted, 
 and who being by nie duly sworn, did depose and 
 say that he resides at Troy, New York; that he is 
 President of The Cortland and Homer Railroad 
 Company, the corporation described in and which 
 executed the foregoing instrument; that he is ac- 
 quainted with the corporate seal of said corpora- 
 tion, and that the seal affixed to said instrument is 
 such seal, and was so affixed by authority of 
 said corporation, and that he subscribed his name 
 thereto as Presideiit, by like authortj'; that he 
 knows I/. D. Garrison is Secretary of said corpora- 
 tion; that he is acquainted with the hand-writing 
 of said L- D. Garrison and that the signature sub- 
 scribed to said instrument is the signature^of said 
 L. D. Garrison and was thereto subscribed by like 
 authority of said corporation. 
 
 [seal] H. L. BRONSON, Notary Public. 
 
 State of New York, | . 
 County of Cortland, >ss : 
 Village of Cortland, j 
 
 On this sixth day of December, in the year one 
 thousand eight hundred and ninety-four, before 
 me, the subscriber, personally appeared P. S. 
 
43 
 
 Page, with whom I am personally acquainted, and 
 who being by me duly sworn, did depose and say 
 that he resides at Scranton, Pennsylvania; that he 
 is Vice-President of The Cortland and Homer Trac- 
 tion Company, the corporation described in and 
 which executed the foregoing instrument; that he 
 is acquainted with the corporate seal of said corpo- 
 ration, and that the seal af&xed to said instrument 
 is such seal, and was so affixed by authority of said 
 corporation, and that he subscribed his name 
 thereto as Vice-President by like authority; that he 
 knows Horace B. Hand is Secretary of said corpo- 
 ration; that he is acquainted with the hand-writing 
 of said Horace E. Hand and that the signature 
 subscribed to said instrument is the signature of 
 said Horace E Hand and was thereto subscribed 
 by like authority of said corporation. 
 
 [seal] H. L. BRONSON, Notary Public. 
 
 We, the undersigned, L. D. Garrison as Secre- 
 tary of The Cortland and Homer Railroad Com- 
 pany, and Horace E. Hand as Secretary of The 
 Cortland and Homer Traction Company, do hereby 
 severally certify that the within lease has been ap- 
 proved by the unanimous vote of all of the stock- 
 holders of each of said Railway Companies at 
 meetings of each company called separately fojr 
 
 that purpose. 
 
 L,. D. GARRISON. 
 HORACE E. HAND. 
 
 Certificate 
 
44 
 
 Recorded in County Clerk's Office, in Book 91 
 of Deeds, p 563. 
 
 Filed in Office of Secretary of State, Jan. 2, 1^95. 
 
45 
 
 Consent of Bailroad Commissioners. 
 
 Before tlie Board of Railroad Commissioners of 
 the State of New York, at the capitol, Albany, 
 September 4th, 1894. 
 
 Present : Commissioner Samuel A. Beardsley, 
 Commissioner Michael Rickard, Commissioner 
 Alfred C. Chapin. 
 
 In the matter of the application of The Cortland 
 and Homer Railroad Company for permission to. 
 operate its railroads by the overhead electrical 
 trolley system of propulsion. 
 
 Application by the Cortland and Homer Railroad 
 Companj'^, having been duly made to this Board 
 on or about August 2.1st, 1894, for its approval of 
 the operation of its road by the overhead electrical 
 trolley system, and hearing having been had on 
 said application on September 4th, at the office of 
 the Board in Albany, D. F. Van Vleet, Esq., ap- 
 pearing as counsel for the Company, and no one 
 appearing in opposition thereto; now, after hearing 
 D. F. Van Vleet, Esq., for said application, and 
 after filing due proof of publication of notice of 
 hearing and after reading and filing the affidavit of 
 
46 
 
 J. Seaman Bull, and due proof of the consent of 
 the local authorities, and it appearing therefrom 
 that the owners of more than one-half in value of 
 the property bounded on that portion of the rail- 
 road with respect to which the use of the overhead 
 electrical trolley system is proposed, and the local 
 authorities have consented thereto, now, therefore, 
 it is 
 
 Consent OtdeTed, that said application be and hereby 
 
 is approved upon the following routes, to wit: 
 
 From a point near the Factory Creek bridge in 
 Homer Village southward over to Main street in 
 Homer and thence to Cortland and to the Blmira, 
 Cortland and Northern railroad depot via Main 
 Route street; on Main street in Cortland Village from the 
 
 B., C. & N. R. R. to Homer avenue; on Homer 
 avenue to the north corporation line of said vill- 
 age; on Clinton avenue from Main to Church 
 street; on Church street from Clinton avenue to 
 Railroad street; on Railroad street from Church to 
 Pendleton street; on Pendleton street from Rail- 
 road to Elm street; on Elm street from Pendleton 
 to Pouieroy street; on Pomeroy street from Elm to 
 Port Watson street; on Port Watson street from 
 Pomeroy street to the Tioughnioga river bridge; 
 on Groton avenue from Main street to Homer ave- 
 nue; on Homer avenue from Groton to Maple ave- 
 nue; on Maple avenue from Homer avenue to 
 Woodruff street; on Woodruff street from Maple 
 
47 
 
 avenue to Groton avenue; on Groton avenue from 
 Woodruff street to J. M. Milne's land; on Townley 
 street to Broadway and on the proposed street or 
 avenue, Broadway to Tompkins street; on Tompkins 
 street from Broadway to Frank street; on Frank 
 street from Tompkins to Squires street; on Squires 
 street from Frank to Owego street; on Owego 
 street from Squires street to Railway avenue; on 
 Railway avenue from Owego to Main street; on 
 Tompkins street from Frank to Main street; also 
 from Maple aven.ue at its intersection with Homer 
 avenue, on said Homer avenue northerly to the 
 line of said road as it now runs on Homer avenue or 
 North Main street at the intersection of Fitz ave- 
 nue, all in said village of Cortland; also in the 
 public highway leading from Port Watson street 
 bridge in the village of Cortland easterly oh said 
 highway to the village of McGrawville, by way of 
 Polkville, thence departing from . said highway 
 near William L. Bean's residence and running 
 southeasterly over said Bean's land and the lands 
 of other people to Blm street in the village of Mc- 
 Grawville; thence on Elm street from Bennett to 
 South street; thence on South street from Elm to 
 Main street; thence on Main street to the east 
 corporation line of McGrawville, With the follow- 
 ing conditions, which are hereby made a part of 
 this order : 
 
 ■ First. This application is granted and accepted 
 subject to the lawful regulations of the local 
 
 Conditions 
 
48 
 
 authorities and subject to such further regulation 
 as to speed or otherwise by this Board, as may 
 hereafter seem fit and proper. 
 
 Second. The poles from which the wires are to 
 be suspended shall be of such a construction a,nd 
 heighth as to conform to the requirements of the 
 local authorities. 
 
 Third. No car shall be run with less than two 
 men to operate it. 
 
 Fourth. Every car shall be equipped with gates 
 on both ends, which shall be closed on the side 
 next to the adjoining track. No person (except 
 a,n instructor, when necessary) shall be allowed to 
 ride on the platform with the motorman on any 
 ' electric car. 
 
 Fifth. On all open cars there shall be atta.ched 
 a guard on the side of the car next to the adjoining 
 track, running the entire length of the car, to pre- 
 vent passengers entering or leaving the car on that 
 side; this guard to be of sucM a nature that it may 
 be transferred from one side to the other. 
 
 Grade 
 Crossing 
 
 Sixth. Where the road crosses the railroad of 
 the Syracuse, Binghamton and New York and the 
 Elmira, Cortland and Northern Railroad companies, 
 all electric cars shall stop before crossing and 
 
49 
 
 shall cross only on the signal of the conductor 
 after he has seen that the way is clear. 
 
 By the Board^ 
 [seal] C. R. DE freest, Secretary. 
 
 Filed in County Clerk's Office. Record 
 
50 
 
 Franchise— Yillage of Cortland. 
 
 We, the undersigned, the Trustees of the village 
 of Cortland, Cortland county, New York — and 
 Commissioners of Highways of the said village, 
 by virtue of being such Trustees — do herebj- con- 
 sent that the Cortland and Homer Horse Railroad 
 Company have the right to construct its railroad 
 Route from the Utica, Ithaca and Blmira Depot in said 
 
 village through Main street to the north bounds 
 of said village. 
 
 Dated April 14, 1882. 
 
 HARRISON WELLS. (L. S.) 
 
 C. C. TAYLOR. (L. S.) 
 G. W. BRADFORD. (L. S.) 
 
 D. E. SMITH. (L. S.;) 
 
 Trustees of the Village of Cortland. 
 
 Record Duly acknowledged and recorded, in Book 75 of 
 
 Deeds, p 500. 
 
51 
 
 FraDchise for Electricity — Village 
 of Cortland. 
 
 '1 
 
 That consent is hereby given to said Cortland 
 and Homer Horse Railroad Company, its suc- 
 cessors and as -signs, to substitute electricity as a consent 
 motive power instead of horses on its present line 
 as now located, extending from the depot of the 
 K., C. & N. R. R. in Cortland, along Main street 
 and Homer avenue to the north corporate line 
 of the village. 
 
 Consent is hereby granted said Cortland and 
 Homer Horse Railroad Company, its successors 
 and assigns, to construct, maintain, extend and 
 operate its lines on the following streets in said 
 village of Cortland, with the necessary poles, 
 wires and fixtures and appurtenances for the safe 
 and proper operation thereof b3' electricity, 
 namely : 
 
 From the intersection of Main street and Tomp- 
 kins street upon and along Tompkins street to a Route 
 proposed street now called Broadwa}' ; thence on 
 either Delaware avenue, Frank street or Duane 
 street to Squires street ; thence upon and along 
 
52 
 
 Squires street to Owego street ; thence upon and 
 along Owego street to Railway avenue ; thence 
 upon and along Railway avenue to the present 
 terminus of said road near the E., C. & N. depot. 
 Also from the intersection of Main street and 
 Clinton avenue upon and along Clinton avenue to 
 Church street; thence upon and along Church 
 street to Railroad street ; thence upon and along 
 Railroad street to Pendleton street ; thence upon 
 and along Pendleton street to Elm street ; thence 
 upon and along Elm street to Pomeroy street ; 
 thence upon and along Pomeroy street to Port 
 Watson street ; thence upon and along Port Wat- 
 son street to the village of McGrawville. Also . 
 commence at the intersection of Poijieroy street 
 and Port Watson street upon and along Port Wat- 
 sou street going westerly to tlie intersection of 
 Port Watson street with Main street ; thence 
 across Main street to Tompkins street. Also 
 from the intersection of Groton avenue and Main 
 street upon and along Groton avenue to Homer 
 avenue ; thence upon- and along Homer avenue to 
 Maple avenue ; thence upon and along Maple 
 avenue to Woodruff street ; thence upon and along 
 Woodruff street going southerly to Groton avenue ; 
 thence upon and along Groton avenue going west- 
 erly to the west line of land now owned by J. M. 
 Samson lying on the south side of Groton avenue ; 
 thence going southerly over the proposed streets 
 and upon lands of Mrs. J. M. Milne, which ex- 
 
53 
 
 tended will intersect with the proposed street now 
 known as Broadway ; also going southerly upon 
 and along the proposed street now known as 
 Townley street and to its extension, passing along 
 southerly to intersect with the proposed street 
 now known as Broadway. Also the right to con- 
 struct said road upou and along any street or 
 avenue which shall hereafter be dedicated by said 
 Cortland village on the lands of J. M. Samson, 
 which street would extend southerly from Groton 
 avenue, and extended would intersect with said 
 proposed street now known as Broadway ; thence 
 upon and through Broadway to Tompkins street, 
 on the following conditions, viz. : 
 
 That the track shall be a single track with a 
 gauge of four feet eight and one-half inches, with 
 the necessary turnouts, switches and sidings. Track 
 But between the E., C. & N. depot and Otter 
 Creek bridge on Main street, no turnout, switches, 
 or sidings shall be permitted other than where 
 they now exist in said railway, except necessary 
 connections with other streets. 
 
 The track shall be laid in the centre of the 
 travelled part of the street, and the rails shall be Rails 
 the kind known as "T" rails, if authorized by 
 law, and upon all unpaved streets there shall be 
 placed on each side of each rail a plank chamfered 
 and laid tight to the rail. 
 
 Said plank to be not less than eight inches in 
 
54 
 
 width and not less than two inches thick. I In 
 case of relaying the track, where the streets are 
 
 piauk paved, the pavement shall be replaced and put in 
 
 good condition, in the space between the rails and 
 tracks, and for two feet outside of the track, and 
 in case of the macadamizing, paving or future im- 
 provement of said streets, the said railway com- 
 pany shall make, such improvements for the space 
 designated above, that is, between the rails and 
 
 Paving tracks, and for two feet outside the track ; the 
 
 same to be done simultaneously by said railway 
 coriipany at its expense, and to be of the same 
 kind of pavement that is laid upon either side of 
 the track ; or in case of default by said railway 
 company to do so, it shall be done by the village 
 at the expense of said railway company. ) 
 
 In laying said track, the said companj^ is to 
 retain the present street grade or such as may 
 hereafter be established, and the rails of said road 
 shall not be over one inch above the surface of the 
 Grade strcct aud the plank, on unpaved streets, and the 
 
 space between the rails of the track shall be prop- 
 erly filled and kept in repair for the easy and safe' 
 passage of vehicles, and on all paved streets, the 
 rails of said road shall not be above the surface 
 of the pavement. 
 
 Paving 
 
 When the streets shall be paved, the rails upon 
 such streets as are or may hereafter be paved, 
 
55 
 
 are to be supported by a chair or girder rail ap- 
 proved by tlie Board of Trustees of the village. 
 
 The work of constructing said railway shall be 
 done under the supervision of the Street Com- 
 missioner, to the extent of seeing that the said S"p="isioii 
 streets are left in as good condition as before com- 
 menciug the work, and that the company conform 
 to the grades given and that they comply with the 
 requirements and conditions of this franchise. 
 
 The construction of said railway is to be com- 
 menced in good faith within six months after hav- 
 
 Connnence- 
 
 ing obtained the consent of the municipal authori- "'^"' 
 ties and the property owners, and to be completed' 
 as far as the present horse line railway extends 
 and from Main street from its intersection with 
 
 Completion 
 
 Clinton avenue to Port Watson bridge within one 
 year thereafter. If said company shall fail and 
 make default in commencing the building of said 
 railway on any of the streets named in this fran- 
 chise within one year from obtaining consents as 
 mentioned above, arid complete the same within 
 two years from June i, 1894, then this franchise, 
 so far as the street or streets where such default 
 or failure shall occur shall alapse and be of no porieiture 
 force and effect, or if the consent mentioned above 
 shall not be obtained within two years from 'the 
 date of this franchise, then the same shall elapse 
 and be of no force or effect.. 
 
Repairs 
 
 Speed 
 
 56 
 
 This francliise is granted upon the condition 
 and subject to the right of the village to make 
 any repairs, crosswalks or gutters on any of the 
 streets on which said road may run and to change 
 the grade of the surface or direction of such 
 streets, and limit and regulate the speed of its 
 cars, as said village in its judgment may desire, 
 without recompense to said company. 
 
 And where said road is laid above or over any 
 sewer that may hereafter be constructed by said 
 village, the village shall have the right to build or 
 make any necessary repairs to said sewers with- 
 out being liable to said company for damage re- 
 sulting from suspension of travel on their road 
 during the building or repairing of any such 
 sewers. 
 
 Snow and Ice 
 
 Bond 
 
 The said company is also to remove from its 
 tracks all snow, ice and dirt that may accumulate 
 thereon, and transport the same from the streets 
 at its own expense. All of said railway, with 
 its switches, turnouts and turn-tables, is to be 
 built and repaired under the direction of the 
 Board of Trustees of the village of Cortland, and 
 in conformity with Chapter 565 of the Laws of 
 1890 and the acts amendatory thereof. Before 
 commencing work, said company shall give a bond 
 of indemnity against all damage that may result 
 to person or property from the construction, main- 
 tenance or operation of said railway, in form and 
 
57 
 
 amount, and with such sureties as shall be ap- 
 proved by the Board of Trustees ; which bond 
 shall from time to time be renewed, as the Board 
 of Trustees may require, and in case any action 
 shall be brought against the village of Cortland 
 to recover damages for injury to person or prop- 
 erty, or death of any person occasioned by said 
 company in the construction, maintenance or opera- 
 tion of said railway, said railway company shall 
 upon written notice given them by said village of 
 Cortland, of the pending of an action for injury to 
 person or property or death, be required to defend 
 said action at the expense of said railway com- 
 pany, and all damages and costs sustained by or 
 which said Cortland village shall be compelled to 
 pay or does pay for any injuries' or death oc- 
 casioned by said railway in its construction, main- 
 tenance or operation, to person or property, dur- 
 ing the continuance of this franchise shall be paid 
 by said railway company to said village of Cort- 
 land. 
 
 In approaching, crossing over or going upon 
 any of the bridges within the limits of the village 
 of Cortland, said railway company shall be limited B.idges 
 and shall be subject to such privileges, conditions 
 and restrictions as the Town Board of the town of 
 Cortlandville shall hereafter at any time give, re- 
 quire or Impose. 
 
 The poles used by said company along the 
 
58 
 
 Streets above specified shall be of uniform height 
 except as to poles which are also used for electric 
 light wires, six inches in diameter at the top 
 and eight inches in diameter at the bottom as 
 near as may be. Said poles shall .be straight 
 and shall be set inside and next to the curb line, 
 and shall be kept so. and so far as practicable, 
 shall be set upon the division lines between lots 
 and shall be wedge shape or pointed at the top, 
 and the bark shall be peeled from them, and they 
 shall be properly painted, and the village shall at 
 all times have the right to use any and all poles 
 free of charge for police and fire alarm wires and 
 fire alarm boxes. 
 
 Said company shall furnish transfers upon the 
 different lines in the village, so that one fare only 
 shall be charged and collected for a ride from any 
 part of the village to another place in the village 
 under such restrictions as shall be deemed proper. 
 
 All ties to be not less than 6% feet long, and 
 not further apart than 3 feet from center to center. 
 All stringers to be five inches by seven inches, 
 and both stringers and ties to be of a lasting 
 quality not less than of first-class white oak. 
 
 The minimum height of the trolley wire shall 
 be eighteen feet above the rails, and the said wire 
 shall be safely secured by lateral connections to 
 the poles. 
 
59 
 
 If said railway company shall cease to operate 
 said railwa}^ and sliall neglect to keep its cars run- 
 ning on said lines in good faith continuously, then 
 this franchise shall cease and determine and be Forfeiture 
 forfeited, and the same shall revert to the village 
 of Cortland. This franchise is therefore granted 
 to The Cortland and Homer Horse Railroad Com- 
 pany, its successors and assigns, upon the re- 
 quirements, restrictions and conditions above speci- 
 fied, and upon the express condition that the pro- 
 visions of Article 4, Chapter 565 of the Laws of 
 iSgiii, and tl.e acts amendatory and pertinent 
 thereto, shall be 'complied with. 
 
 I hereby certify the above and foregoing to be a 
 true copy of a franchise this day granted by the 
 Board of Trustees of the village of Cortland, N. 
 Y. to The Cortland and Homer Horse Railroad 
 Company and of the whole thereof. 
 
 Dated at Cortland, N. Y., May 7th, 1894. 
 
 FRED. HATCH, Clerk. 
 
 Filed in County Clerk's office, Aug. i, 1894. 
 
60 
 
 Recital 
 
 Franchise for Electricity — Village 
 of Cortland. 
 
 Whereas, The Cortland and Homer Railroad 
 Company (formerly The Cortland and Homer 
 Horse Railroad Company) have by petition 
 duly filed asked for certain extensions of the pres- 
 ent line of street railway in the village of Cortland 
 and for the substitution of electricity as a motive 
 power instead of horses; and 
 
 Whereas, public notice has been given of the 
 time and place where said petition shall be first 
 heard by advertisement as provided by law; and 
 
 Whereas, a public hearing thereon has been 
 given; and 
 
 Whereas, consent has been given said Railroad 
 Company to construct its roads on certain streets 
 and avenues in said village of Cortland. 
 
 Now therefore, be it resolved, ordained and 
 ordered by the President and Board of Trustees of 
 the village of Cortland, and it is hereby ordained 
 by the authority of the same as follows : 
 
61 
 
 That consent is hereby given to said Cortland 
 and Homer Railroad Company (formerly the Cort- 
 
 Consent 
 
 land and Homer Horse Railroad Company), its 
 successors and assigns, to construct, maintain, ex- 
 tend and operate its line of road on Homei avenue 
 in said village, commencing at its intersection with 
 Maple avenue and thence running northerly over *'°"'= 
 and upon said avenue to its intersection with its 
 main lineon Main street at Fitz avenue in said 
 village of Cortland, with the necessary poles, wires, 
 fixtures and appurtenance for the safe and proper 
 operation of the same by electricity. Said track Tract 
 shall be a single track with a gauge of four feet 
 eight and a half inches. 
 
 This consent and franchise is given subject to 
 the same restrictions and upon the same terms and 
 conditions as are contained in a- consent and fran- 
 chise granted by the President and 'Board of 
 Trustees of said village of Cortland to the Cort- 
 land and Homer Horse R. R. Company, dated 
 May 7, 1894; and also to the following conditions, 
 viz. : 
 
 That from Madison street to Main street near 
 Fitz avenue the Cortland and Homer Railroad 
 Company shall construct a good and sufficient 
 gravel carriage driveway on each side of its track 
 and also to pay one-half of the expense of widening 
 the three bridges on said Homer avenue so as to 
 cover the entire distance between the sidewalk as 
 
 Conditions 
 
Acceptance 
 
 62 
 
 they are now at, and opposite the bridges as they 
 now exist. 
 
 In witness whereof, the President and Board of 
 Trustees of the village of Cortland have hereunto 
 se.t their hands and seals this 13th day of August, 
 1894, at the village of Cortland, N. Y. 
 
 W. D. TISDALE, President. 
 THOMAvS C. SCUDDER, Trustee. 
 . HARRY SWAN, Trustee. 
 F. J. DOUBLEDAY, Trustee. 
 
 The Cortland and Homer Railroad Company 
 hereby accepts the conditions named in the fore- 
 going franchise and agree to the same. 
 
 Dated at Cortland, N. Y., August 13, 1894. 
 
 HORACE Iv. BRONSON, Trustee. 
 
 I hereby certify the above and foregoing to be a 
 true copy of a franchise this day granted by the 
 Board of Trustees of the village of Cortland, N. 
 Y., to the Cortland and Homer Railroad Company 
 and of the whole thereof 
 
 Dated at Cortland, N. Y., August 13, 1894. 
 
 F. J. DOUBLEDAY, Clerk, pro tern". 
 
 Filed in County Clerk's OflSce, August 14, 1894. 
 
63 
 
 Recital 
 
 Franchise — Village of Cortland. 
 
 Whereas, The Cortland and Homer Railroad 
 Company (formerly The Cortland and Homer 
 Horse Railroad Company) have by petition duly 
 filed asked for certain extensions of the present 
 line of street railway in the village of Cortland, 
 and for the substitution of electricity as a motive 
 power instead of horses ; 
 
 And whereas, public notice has been given of 
 the time and place where said petition shall be first 
 heard, by advertisement, as provided by law ; 
 
 And whereas, a public hearing thereon has been 
 given ; 
 
 And whereas, consent has been given said rail- 
 road company to construct its road on certain 
 streets and avenues in said village of Cortland ; 
 
 Now, therefore, be it resolved, ordained and or- 
 dered by the President and Board of Trustees of 
 the village of Cortland, and it is hereby ordained consent 
 by the authority of the same as follows : ~That 
 consent is hereby given to said Cortland and 
 Homer Railroad Company (formerly the Cortland 
 and Homer Horse Railroad Company), its sue- 
 
64 
 
 Conditions 
 
 Driveway 
 
 Bridges 
 
 cessors and assigns, to construct, maintain, extend 
 and operate its line of road on Homer avenue in 
 said village, commencing at its intersection with 
 Maple avenue and thence running northerly over 
 and upon said avenue to ita intersection with its 
 main line on Main street at Filz avenue in said 
 village of Cortland, with the necessary poles, 
 wires, fixtures and appurtenances for the safe and 
 proper operation of the same by electricity; said 
 track shall be a single track with a gauge of four 
 feet eight and a half inches. This consent and 
 franchise is given subject to the same restrictions 
 and upon the same terms and conditions as are 
 contained in a consent and franchise granted by 
 the President and Board of Trustees of said village 
 of Cortland to the Cortland and Homer Horse 
 Railroad Company, dated May 7, 1894, and also 
 to the following conditions, viz. : That from 
 Madison street to Main street near Fitz avenue 
 the Cortland and Homer Railroad Company shall 
 construct a good and suflEcient gravel carriage 
 driveway on each side of its track and also to pay 
 one-half of the expense of widening the three 
 bridges on said Homer avenue so as to cover 
 the entire distance between the sidewalks as they 
 are now at, and opposite the bridges as they now 
 exist. 
 
 In witness whereof, the President and Board of 
 Trustees of the village of Cortland have hereunto 
 
65 
 
 set their hands and seals this 13th day of August, 
 1894, at the. village of Cortland, N. Y. 
 
 W. D. TISDAI^R, President. 
 
 THOMAS C. SCUDDKR, Trustee, 
 
 HARRY SWAN, Trustee. 
 
 F. J. DOUBLED AY, Trustee. 
 
 The Cortland and Homer Railroad Company 
 hereby accept the conditions named in the fore- 
 going franchise and agree to the same. 
 
 Dated at Cortland, N. Y., August 13, 1894. 
 
 HORACE L. BRONSON, Trustee-. 
 
 I hereby certify the above and foregoing to be 
 a true copy of a franchise this day .granted by the 
 Board of Trustees of the village of Cortland, N. 
 Y., to the Cortland and Homer Railroad Company, 
 and of the whole thereof. 
 
 Dated at Cortland, N. Y., August 13, 1894. 
 
 F. J. DOUBLEDAY, Clerk pro tern. 
 
 (endorsed) 
 Cortland County, s.s.: 
 
 Recorded December 4, 1895, at 12:15 o'clock p. 
 m. in book B of Misc. Records, at page 182. 
 
 E. C. PAIvMER, Clerk, 
 
 Filed Aug. 14, 1894, 
 
 S"; K. JONES, Clerk. 
 
 Acceptance 
 
 Record 
 
66 
 
 Franchise — Town of Cortlandville. 
 
 We, as the Commissioners of Highways in and 
 for the town of Cortlandville in the County of 
 
 Consent Cortlaud, Ncw York, hereby consent and release to 
 
 the company formed February 25, 1882, known as 
 the Cortland and Homer Horserail Company, all 
 right and interest we have in the highway between 
 
 ^^^j^ the village of Cortland and the village of Homer, 
 
 being a continuation of Main street from the 
 
 . village of Cortland to Main street in the village of 
 
 Bridges Homer, also the right to cross all bridges under 
 
 our control from the Utica, Ithaca and Elmira 
 Depot in the village of Cortland, through Main 
 street in the village of Homer; and hereby release 
 
 Release ^^-^ tight to auy damage for the use of said high- 
 
 way for the purpose of said Horse Railroad. 
 Dated Cortland, March 28, 1882. 
 
 J. D. CAI.KINS. (L. S.) 
 
 CHARLES D. GREENMAN. (I^ S.) 
 FREDERICK CONABl^E. (L. S.) 
 
 Commissioners of Highways of the town of Cort- 
 landville. 
 
 Record 
 
 Duly acknowledged and recorded, in Deed Book 
 75. P- 500- 
 
67 
 
 Franchise — Town of Cortlandville, 
 
 Whereas, The Cortland and Homer Horse Rail- 
 road Company have, by petition duly filed, asked 
 for certain extensions of the present line of street 
 railway as it exists. at the present time in the 
 town of Cortlandville, and also for the substitu- 
 tion of electricity as a motive power for the opera- 
 tion of said road instead of horses as heretofore ; 
 and 
 
 Whereas, public notice has been given of the 
 time and place; where said petition shall be first 
 heard as provided by law, by advertisement in the 
 Cortland Standard, a newspaper published in 
 Cortland village, N. Y.; and 
 
 Whereas, the Town Board of the town of Cort- 
 landville have heard parties in reference to such 
 application and are of opinion that it is for the 
 best interests of public that the same should be 
 granted ; now, therefore, be it 
 
 Resolved, ordained and ordered by the said 
 Town Board of the town of Cortlandville, Cort- 
 land county, vState of New York, and it is hereby 
 
68 
 
 ordained and ordered by authority of the same, as 
 • follows : 
 
 Section i. Consent is hereby given and granted 
 to said Cortland and Homer Horse Railroad Com- 
 
 consent P^-HY) its successors and assigns, to construct, 
 
 maintain, extend aud operate its said road and 
 lines in, upon and through the following streets 
 upon the surface of the ground in the town of 
 Cortlandville in said couuty and state, with the 
 necessary poles, wires and fixtures and appur- 
 tenances for the safe and proper construction and 
 operation thereof by electricity, viz. : The high- 
 way leading from Cortland to McGrawville, it be- 
 ing intended to cover said highway as extended 
 
 Route easterly on Port Watson street in Cortland village 
 
 to the foot of the hill near the residence of Lyman 
 Watrous and the highway leading directly over 
 the hill to McGrawville which meets Main street 
 in McGrawville ; also that portion of the highway 
 running southeasterly near aud past the house of 
 Lyman Watrous to what is known as Polkville, 
 thence running easterly and northeasterly to its 
 intersection with the Cortland and McGrawville 
 road. Also the highway known as Homer avenue 
 which runs from Cortland village to Homer village, 
 and it being on the line, of the Cortland and 
 Homer Horse Railroad Company, now constructed, 
 and extending from the corporation line of Cort- 
 land village northerly to the south boundary line 
 of the village of Homer, Cortland couuty, N. Y., 
 
69 
 
 for and during the term and period of ninety-nine 
 years from the date hereof, upon the following 
 terms and conditions : The track shall be a conditions 
 single track with a gauge of four feet eight and 
 one-half inches, with the necessary turnouts, 
 switches and sidings. Between the village of Track 
 Cortland and the village of McGrawville, the 
 same shall be laid upon the south side of 
 the highway, and where said road is not of 
 suflEcient width for vehicles and teams to tiass 
 each other on the north side of said railroad 
 track said highway shall be widened so as to per- 
 mit them to pass at the expense of said company, 
 and said highway where so widened shall be done 
 under the supervision and direction of the High- 
 way Commissioner of the town of Gortlandville. 
 Between the village of Cortland arid Homer said 
 track shall be laid in the same place in which it is 
 now laid. The rails of such track shall be of the 
 kind known as "T" rails, and in weight not less 
 than forty-five pounds to the yard, if authorized by Rails 
 law, and at all street and highway intersections 
 and wagon entrances to private lands the same 
 shall be guarded by plank on both sides of each 
 rail, which plank shall be laid to grade as fur- ^^^"^ 
 nished by the Highway Commissioner of the 
 town of Cortlandville and shall be laid under his 
 supervision. Between the village of Cortland and 
 the village of Homer the rails shall be planked in 
 the same manner as the rails on unpaved streets 
 
Paving 
 
 Poles 
 
 ?6 
 
 in the village of Cortland, provided the Town 
 Board of Cortlaudville require the same to be done 
 at any time hereafter. The track shall be prop- 
 erly filled and kept in repair for the easy and safe 
 passage of vehicles, and whenever the rest of the 
 street is paved the company shall pave between 
 its tracks and twenty-four inches outside of each 
 rail the same as said company is required to do in 
 the village of Cortland. If unplanked the rails of 
 said road shall not be over one inch above the sur- 
 face of said street and the said company shall keep 
 the spaces between the rails and on each side for 
 the distance of two feet in proper order and repair. 
 All ties to be not less than 6^4 feet long, and not 
 further apart than 3 feet from center to center. 
 All stringers to be five inches by seven inches, 
 and both stringers and ties to be of a lasting 
 quality not less than of first-class white oak. 
 
 Section 2. All trolley wires shall have a clear- 
 ance of at least 18 feet above the rails. The poles 
 used by said company for stringing its wires shall 
 be not less than six inches in diameter at the top 
 and not less than eight inches in diameter at the 
 bottom, said poles shall be straight, the bark shall 
 be peeled from them and they shall be kept prop- 
 erly painted. Said poles shall be so placed as not 
 to interfere with public travel upon the roadway 
 nor with the sidewalks, and where brackets are 
 used shall be set on the side of the track opposite 
 the traveled part of the road and the location of 
 
71 
 
 such poles shall be under the supervision and sub- 
 ject to the approval of the Highway Commissioner 
 of the town of Cortlandville. 
 
 Section 3. The company shall remove all snow 
 and ice from its tracks so as not to interfere with snow and ice 
 public travel on said highway. 
 
 Section 4. The company shall at all times be 
 subject to all such proper regulations as to speed gpee^ 
 in running its cars as shall be determined upon 
 by the Town Board. The track of said company 
 between the village of Cortland and the village of 
 McGrawville shall be laid in such a manner as 
 not to interfere with the efficiency of the gutters 
 and .shall be constructed in such a manner as 
 shall provide for the proper drainage of such 
 highways, and the said track shall be laid at such 
 a grade that the top of the rails shall not be more 
 than three inches higher than the grade of such 
 highways at the same point. It shall be the duty 
 of said company to keep the highway between its Repair 
 tracks and for two feet each side thereof in suit- 
 able and proper repair at all times. 
 
 Section 5. Permission is given to said com- 
 pany to lay its track over the bridge known as 
 Port Watson bridge and also upon the bridge? ^"^^^^ 
 upon the streets in the villages of Cortland and 
 McGrawville over which the said villages have 
 granted or are about to grant said company per- 
 mission to lay said track, to be laid upon the south 
 
72 
 
 track of Port Watsou bridge and over the center of 
 tlie other of said bridges. The style of rail and 
 the manner in which the same shall be laid upon 
 the bridges shall be such as shall be approved by 
 the Highway Commissioner of the town of Cort- 
 landville, and shall be at least as well adapted for 
 convenience of other vehicles as used upon the 
 bridges of the electric road of Ithaca, N. Y. It is 
 expressly understood and agreed that the said 
 town assumes no other or different duty towards 
 the said company than it does to the general pub- 
 lic, in regard to maintaining, repairing or rebuild- 
 ing said bridges, and in case the said company 
 shall at any time be interrupted in the use of said 
 bridges or either of them by reason of said bridges 
 being removed or becoming out of repair or by 
 reason of the repair or rebuilding of the same, that 
 said company shall have no right or claim for 
 damages by reason of the same. In case said 
 bridges or either of them shall be replanked at 
 any time hereafter the said company shall be to 
 one-half of the expense thereof In case Port 
 Watson bridge is at any time rebuilt by the town, 
 the said company shall pay one-half (J^) of the 
 expense of rebuilding the same provided they de- 
 sire to use such bridge after it is rebuilt. That 
 before taking any of said bridges for the use of 
 said company's track the said bridges shall be 
 examined by a competent engineer to be furnished 
 by the said company and approved by the Highway 
 
73 
 
 Comraissiouer of the town of Cortlaudville, and if 
 it shall hz necessary to strengthen said bridges or 
 any of them, in order to make them safe under 
 the additional burden imposed upon them by said 
 company, they shall be properly strengthened by 
 said company at its own expense in a manner ap- 
 proved by the Highway Commissioner of the 
 town of Cortlaudville. 
 
 Section 6. The work of constructing, said rail- 
 way shall be done under the supervision of the 
 Highway Commissioner to the extent of seeing ^"p^"'""" 
 that the said streets are left in as good, condition as 
 before commencing the work, and that the company 
 conform to the grades given and that they comply 
 with the requirements and conditions of this fran- 
 chise. The construction of said railway is to be '^"^eur''^" 
 commenced in good faith within six months after 
 having obtained the consent of the municipal 
 authorities and the property owners, and to be 
 completed within one year and a half thereafter. Completion 
 If the said Company shall fail and make default 
 in bxiilding said railway or any of the highways or 
 bridges named in this franchise within the time 
 above stated, then this franchise shall lapse as to 
 such highways and bridges and be of no force and Foneiture 
 effect, and if the consent of the property owners 
 mentioned above shall not be obtained within one 
 year from the date of this franchise, then the same 
 shall lapse and be of no force or effect. This fran- 
 
 Conditioii 
 
 chise is granted upon the condition and subject 
 
74 
 
 the right of the town to make any repairs on any 
 of the highways or bridges on which said road may 
 run and to change the grade or alignment of said 
 highways and bridges as said town in its judgment 
 may desire, without recompense to said company. 
 Before commencing work said company shall give 
 
 Bond ^ bond of indemnity against all damage that may 
 
 result to person or property from the construction, 
 maintenance or operation of said railway, in form 
 and amount, a,ud with such sureties as shall be ap- 
 proved by the Town Board; which bond shall from 
 time to time be renewed, as the Town Board may 
 require, and in case any action shall be brought 
 against the Town of Cortlandville to recover dam- 
 age for injury to person or property, or death of 
 any person occasioned by said company in the 
 construction, maintenance or operation of said 
 railway, said Railway Company shall upon written 
 notice given them by said town of Cortlandville, of 
 the pending of any action for injury to person or 
 property or death, be required to defend said ac- 
 tion at the expense of said Railway Company, and 
 all damages and costs sustained by or which said 
 Town of Cortlandville shall be compelled to pay 
 or does pay for any injuries or deaths occasioned 
 by said railway in its construction, maintenance 
 or operation, to person or property, during the 
 continuance of this franchise, shall be paid by said 
 Railway Company to said town of Cortlandville. 
 
 Bridges jn tije manner of approaching, crossing over or 
 
75 
 
 going upon any of^the bridges within the town of 
 Cortlandville, said Railway Company shall be 
 limited and shall be subject to such privileges, 
 conditions and restrictions as the Town Board of 
 the town of Cortlandville shall hereafter at any 
 time give, require or impose. If said Railroad 
 Company shall cease to operate said railway and Forfeiture. 
 shall neglect' to keep its cars running on said lines 
 in good faith continually, then this franchise shall 
 cease and determine and be forfeited, and the same 
 shall revert to the town of Cortlandville. This 
 franchise is therefore granted to the Cortland and 
 Homer Horse R. R. Company upon the require- 
 ments, restrictions and conditions above specified, 
 and upon the express condition that the provisions 
 of Article 4, Chapter 565, of the Laws of 1890, and 
 the acts amendatory thereof and pertinent thereto 
 shall be complied with. 
 
 R. BRUCE SMITH,. Supervisor. 
 
 EDMOND C. ALGER, Town Clerk. 
 
 EUSTACE C. PARKER, ) 
 
 DORR C. SMITH, [ Justices of the Peace. 
 
 W. R. BIGGAR, ) 
 
 The above was duly adopted on the seventh day 
 of May, 1894, at a meeting of the Town Board of 
 the town of Cortlandville. 
 
 EDMOND C. ALGER, Town Clerk. 
 
76 
 
 (endorsed) 
 Cortlaud Couuty, s.s.: 
 
 Recorded December 4th, 1895, at 12:15 o'clock, p. 
 Record m. jn Book B of Misc. Records, at page 172, &c., 
 
 and examined. ' 
 
 E. C. PAI^MER, Clerk. 
 
 Filed August i, 1894. 
 
 S. K. JONES, Clerk. 
 
77 
 
 Franchise — Town of Cortlandville. 
 
 Whereas, The Cortland and Homer Traction 
 Company, the successors to The Cortland and 
 Homer Railroad Company, have, by petition duly 
 filed, asked for certain extensions of the present 
 line of street railway in the Town of Cortlandville, 
 Cortland county, N. Y. 
 
 And whereas, public notice has been duly given 
 of the time and place where such petition shall be 
 first heard by advertisement, as provided by law. 
 
 And whereas, E. C. Ringe, the Highway Com- 
 missioner of the Town of Cortlandville, has duly 
 entertained said petition, and has duly published 
 a notice of hearing thereon, and has heard all in- 
 terested parties in reference to such application, 
 at the time and place designated by him. 
 
 And whereas, said Commissioner is of the opinion 
 that it is for the best interests of the public and 
 for the people of said town that the same shall be 
 granted. 
 
 Now therefore, be it resolved, ordained, ordered 
 and adjudged by the said E. C. Ringe, the sole 
 
 Recital 
 
78 
 
 Highway Commissioner of said town, and it is 
 hereby resolved, ordained, ordered and adjudged 
 by the authority vested in him, as follows : 
 
 That consent is hereby given to said Cortland 
 and Homer Traction Company, its successors and 
 assigns, to extend, construct, maintain, equip and 
 operate upon the surface of'the ground, and lay 
 its railway tracks and the' appurtenances thereto 
 necessary to construct, equip and operate the same 
 upon the following lands, premises and highway, 
 as follows, it being a highway which has been re- 
 cently laid out by due course of law, and bounded 
 and described as follows : 
 
 The following lands, real estate and premises, 
 commencing at or near a stake in the highway, a 
 few rods southeasterly of the house of Lyman 
 Watrous, on the highway leading from Cortland 
 to Polkville and Blodgett's mills; thence running 
 easterly, as indicated by the stakes which have 
 been set and numbered ; it being a strip of land 
 66 feet wide, running easterly from said place of 
 beginning, across the lands of said Lyman Wat- 
 rous, and bounded on the south by the north right 
 of way of the Erie and Central New York Railway 
 Co. ; beginning at the east line of the highway at 
 stake 8, plus 65, and ending at stake 11, plus 31, 
 at the west line of land owned by Mrs. Lewis A. 
 Brooks, containing 0.40 acres of land ; also a strip 
 of land 66 feet wide, running easterly along the 
 
79 
 
 lands now occupied by Mrs. Lewis A. Brooks, 
 bounded as follows : 
 
 A strip of land, 66 feet wide, bounded on the 
 south by the north right of way of the Erie and 
 Central New York Railway, beginning at a stake. 
 It, plus '31, and ending at stake 24, plus 8, at the 
 west line of land owned James K. Greenwood, con- 
 taining 1.93 acres of land ; also a strip of land, 66 
 feet wide, continued from the last mentioned point, 
 easterly across the lands of James K. Greenwood, 
 and bounded as follows : 
 
 A strip of land, 66 feet wide, bounded on the 
 south by the north right of way line of the Brie 
 and Central New York Railway Company, from 
 stake 24, plus 8, to stake 27, plus 30, a distance of 
 322 feet; thence a strip, 66 feet wide, i6}4 feet 
 being south, and 49^ feet being north of the rail- 
 way line, which runs as follows : 
 
 On the survey to the left, with a radius of 477.5 
 ft. for a distance of 200 ft. ; thence on a curve, north 
 79 degrees 30 minutes east magnetic, for a distance 
 of 710 feet ; thence on a curve to the right, with a 
 radius of 573 feet for a distance of 60 feet, to stake 
 37 on the east line of land owned by A. A. Wel- 
 lington. That the said lands and pnemises are the 
 same as have been recently laid out by Highway 
 Commissioners, and duly confirmed by the Court 
 as a public highway around Greenwood Hill; and 
 said railroad is to run upon the surface of said new 
 
Paving 
 
 80 
 
 highway, and within the boundaries thereof, with 
 the necessary switches, turnouts, poles, wiring, etc., 
 as herein stated; and also to construct, maintain, 
 extend and operate its line on said lands and said 
 highway from the intersection thereof with the 
 highway leading from Lyman Watrous' to Polk- 
 ville, and at its east intersection with the highway 
 leading from Polkville to the highway near Wel- 
 lington's, with the necessary poles, wires, fixtures, 
 turnouts, switches and appurtenances for the safe 
 and proper construction and operation of the same 
 by electricity, or by such other power as said cor- 
 poration may hereafter adopt. This consent is 
 granted upon the following conditions, viz.: 
 
 That it shall be a track with a gauge of four feet 
 eight and one-half inches, with the necessary turn- 
 outs, switches and sidings. The track shall be 
 laid at or near the south side of said highway, and 
 the rails shall be of the kind known as " T " rails, 
 weighing not less than 56 pounds to the yard. 
 Whenever the highway occupied by said railway 
 is paved, the company shall pave between the rails 
 and track, and for two feet outside thereof on each 
 side, with the same material as used on the rest of 
 the street, unless otherwise allowed . by the High- 
 way Com-missioner or other authority having au- 
 thority in the premises, said paving to be done 
 simultaneously by said railway company at its ex- 
 pense, and in default thereof it shall be done by 
 the town at the expense of said railway company. 
 
Grade 
 
 81 
 
 111 laying said track, the said railway company is 
 to retain as near as possible the present highway 
 grade, or such as may hereafter be established, and 
 the space between the rails of the track shall be 
 properly filled and kept in repair. The work of 
 constructing the said railroad shall be done under 
 the supervision of the Highway Commissioner, or 
 other person having authority in the premises to 
 the extent of seeing that the said highway is left 
 in as good condition as before commencing the 
 work, and that the company conform to the grades 
 given, and that it comply with the r-equirements 
 and conditions of this franchise. 
 
 The construction of said railroad is to be com- 
 menced in good faith within one year after having ^°^^ 
 obtained the franchise therefor, and the consent of 
 the town and other proper authorities and the prop- 
 erty owners, and if not completed within two years 
 from May i, 1895, then this franchise, so far as Completion 
 the highway above described where such default 
 or failure shall occur, shall lapse and be of no force 
 or effect ; or if the consent mentioned above shall 
 not be obtained within two years from the date of 
 this franchise, then the same shall lapse and be of 
 no force or effect. 
 
 This franchise is granted upon the condition, 
 
 ° '^ ' Couditiou 
 
 and subject to the right of the Town of Cortland- 
 ville, to make any repairs, crosswalks or gutters 
 on any part of said highway on which said road 
 
 mence- 
 eut 
 
speed 
 
 Snow and Ice 
 
 Boud 
 
 Damages 
 
 82 
 
 may be run, and to change the grade of the sur- 
 face of direction of said highway, and to limit and 
 regulate the speed of its cars within such reason- 
 able limit as is consistent with the proper and legal 
 operation of said railroad and its cars. 
 
 Whatever snow, ice or dirt may be removed and 
 transported from said railway company's tracks 
 and laud, it shall be done so at its own expense. 
 
 All of said railway, with its switches, turnouts, 
 and turntables is to be built and repaired under 
 the direction of the Highway Commissioner 
 of the Town of Cortlandville, or other person 
 having authority in the premises, but in conform- 
 ity with Chap. 565 of the Laws of 18.90, and acts 
 amendatory thereof. Said company has already 
 given a bond of indemnity against all damages 
 that may result to person or property from the 
 construction, maintenance or oparation of said 
 railway, which bond is to apply to this franchise, 
 and which bond shall from time to time be re- 
 newed as shall be required. 
 
 In case any action shall be brought against the 
 Town of Cortlandville to recover damages for in- 
 jury to person or property, or death of any person 
 occasioned by said company in the construction, 
 maintenance or operation of said railway, said rail- 
 way company shall, upon written notice given by 
 said town of the pending of an action for injury 
 
63 
 
 to person, or property or death, be required to de- 
 fend said action at tlie expense of said railway 
 company ; and all damages and costs sustained by, 
 or which said town shall be compelled to pay, or 
 does pay, for any damages or death occasioned by 
 said railwaj;^ company in its construction, main- 
 tenance or operation to person or property during 
 the continuance of this franchise, shall be paid by 
 said railway company to said Town of Cortland- 
 ville on demand. 
 
 The poles used by said railway company along 
 the highway specified shall be of uniform height, poies 
 except as to poles which are also used for electric 
 light wires, about six inches iu diameter at the 
 top and about eight inches in diameter at the 
 bottom as nearly as may be; said poles shall be 
 set inside and next to the highway fence, and 
 shall be kept so as far as practicable. The bark 
 shall be peeled from them and they shall be kept in 
 proper condition and repaired so as not to interfere 
 with the public in the use of said highway, more 
 than is necessary when properly constructed and 
 used. All ties to be not less than six and 
 one-half feet long and no further apart than three 
 and one-half feet from center to center. 
 
 The minimum height of the trolley wires shall 
 be eighteen feet above the rails, and the said wires 
 shall be safely secured to the poles. If said rail- 
 way company shall cease to operate said railway 
 
Forfeiture 
 
 84 
 
 and shall neglect to keep its cars running on said 
 rails in good faith, continuously for a sufficient 
 length of time, then this franchise shall cease and 
 determine and be forfeited, and the same shall re- 
 vert to the town of Cortlandville. This franchise 
 is therefore granted to the Coilland and Homer 
 Traction Company, its successors and assigns, 
 upon the requirements, restrictions and conditions 
 above specified, and upon the express condition 
 that the provision of Article 4, Chapter 565 of the 
 Laws of 1890, and the acts amendatory thereof and 
 appurtenant thereto, shall be complied with. 
 
 Consents 
 
 The consent hereby granted shall not be valid 
 until the company have obtained the consents of 
 the owners of one-half of the property fronting on 
 said highway in the manner provided by law. 
 
 Port Watson 
 Bridge 
 
 The foregoing franchise is granted, ordered and 
 ordained for the term of ninety-nine years 
 from May 27, 1895. It is further ordered that the 
 said Cortland and Homer Traction Company are 
 granted this franchise unconditionally in case it 
 does not lay its tracks upon and use Port Watson 
 street bridge for railroad purposes and the run- 
 ning of cars thereon, except as heretofore men- 
 tioned, but in case said corporation does so track 
 and use Port Watson street bridge as aforesaid, 
 then it shall within three mouths from the time 
 said road is completed, pay over to said town of 
 
8S 
 
 Cbrtlandville, or its legal representative entitled 
 to receive the same, the sum of $500.00. 
 
 Signed in presence of and witnessed by 
 
 EDWIN C. RINDGE, (L- S.) 
 Sole Commissioner of Highways of the town of 
 Cortlandville. 
 
 I hereby certify the above and foregoing to be a 
 true copy of a franchise this day granted by E. C. 
 Ringe, sole Commissioner of Highways of the 
 town of Cortlandville, to The Cortland and Homer 
 Traction Company, and of the whole thereof 
 
 Dated at town of Cortlandville, June 13th, 1895. 
 EDWIN C. RINDGE, (ly. S.) 
 
 State of New York, , 
 
 Payment 
 
 Certificate 
 
 
 County of Cortland, 
 
 On the 13th day of June, in the year eighteen 
 hundred and ninety-five, before me personally 
 came E. C. Ringe, to me known and known to ^^°°j^'^^^" 
 me to be the individual described in and who ex- 
 ecuted the foregoing instrument, and he thereupon 
 duly acknowledged to me that he executed the 
 
 same. 
 
 E. A. FISH, Notary Public. 
 
 (endorsed) 
 Cortland County, ss.: 
 
 Recorded December 4th, 1895. at 12:15 o'clock. 
 
p. m., in Book B of Misc. Records, at page 183, 
 ^^'°'^ etc., and examined. 
 
 E C. PALMER, Clerk. 
 
 Filed June 14, 1895. 
 
 E. C. PALMER, aetk. 
 
87 
 
 Franchise —Village of Homer. 
 
 The Trustees of the village of Homer, N. Y., 
 hereby give cousent for The Cortland and Homer ^^^^^^ 
 Horse Railroad Company to construct and lay a 
 single track upon and through Main street in said 
 village upon the following conditions : 
 
 First. The track is to be laid in the centre of 
 Main street from the south line of the corporation ^rack 
 to the north line thereof, using the flat rail such 
 as is usually used in cities and villages; the space ^^" 
 between the rails and for a distance of at least 
 eighteen inches outside the rails on each side to ^^^^ 
 be paved either with stone or wood in a good sub- 
 stantial manner and to be kept in good repair. 
 
 Second. The present grade of the streets is to, be 
 maintained except from about Warren street to 
 the north line of the corporation, when the same 
 shall be raised to conform to the grade south of Grade 
 Warren street, and such other grading as may be 
 necessary along said street south of Warren street, 
 to establish a uniform grade, shall be done by said 
 company and the rails laid upon a level with the 
 grade. 
 
Driveway 
 
 88 
 
 Third. A good driveway of at least twelve feet 
 in width on each side of the rails should be made 
 corresponding to the present grade of the street, 
 widening the present road bed when necessary; the 
 surface of the street, cross walks, ditches and cul- 
 verts to be left in as good condition as at present 
 and to the satisfaction of said Trustees. 
 
 That in case it becomes necessary to scrape or 
 shovel the snow from said track, said company 
 shall deposit the snow at least twelve feet from the 
 outside of said tracks, and in such manner as not 
 to obstruct the travel on streets that cross or lead 
 froin Main street or prevent the free crossing on 
 the tracks. 
 
 Dated Homer, N. Y., March 31, 1883. 
 
 C. HITCHCOCK, Pres. (L. S.) 
 
 PHILI.IP ZIMMERY. (I.. S.) 
 
 F. J. NEWCOMBE. (L. S.) 
 
 A. SHERMAN. (L. S.) 
 
 Trustees of Village of Homer. 
 .Recorded in County Clerk's ofl&ce. 
 
89 
 
 Franchise — Village of Homer. 
 
 The President and Trustees of the village of 
 Homer, N. Y., composing the Board of Trustees of 
 said village, hereby consent, that The Cortland and 
 Homer Horse Railroad Company may lay and 
 construct a single track of their road with a 
 necessary turnout and switch, along and through 
 Main street in said village from- the south 
 boundary line of said village to a point at or near 
 the northern boundary of said village, upon the 
 following conditions : 
 
 First. The track is to be laid along the center 
 of said street. 
 
 Second. The turnout shall be south of the 
 northeast wagon entrance to the village green or 
 park, and so located as not to come' at the intersec- 
 tion of either Cayuga street, Albany street or Cope- 
 land avenue with Main street. 
 
 Third. The rails used shall be flat rails, so 
 called, such as are commonly used in cities and 
 villages; and shall be so laid as to bring them at or 
 near the present surface grade of the street, in 
 
 Track 
 
 Rail 
 
90 
 
 proper manner, having in view the convenience of 
 the traveling public as well as of the said railroad 
 company. 
 
 Fourth. The railroad company to have the 
 privilege during construction of necessary and 
 proper use of street for depositing timb2r and 
 iron along its extent, and of all proper uses of the 
 same incident to the work of excavating and con- 
 structing. But said railroad company shall be 
 responsible for all accidents resulting therefrom 
 through its negligence; and when the party in- 
 jured shall be free from negligence, aud shall give 
 Bond a bond to said village of Homer, indemnifying it 
 
 from damage resulting from said company's neg- 
 ligence while constructing said road; said bond to 
 be approved by said village Trustees. 
 
 Fifth. The said railroad company to restore 
 the highway or street along the line of its track to 
 street jj^g original usefulness as required by statute, and 
 
 leave a good carriage track at least twelve feet 
 wide along and iipon each side of the railroad 
 track. 
 
 Sixth. The railroad company shall at its own 
 expense keep the beaten track between rails prop- 
 Grade erly graded, in keeping with the grading with the 
 street outside the track. And whenever the said 
 village shall pave said street, during the time said 
 railroad company shall use its said track, the 
 said railroad company shall properly pave the 
 
91 
 
 space between its tracks, along such such portions 
 of said street as shall be paved by said village. 
 
 Seventh. The railroad company shall not in 
 shoveling and relieving the track from snow, so 
 pile or distribute the same as to interfere with the 
 traveling public in their use and enjoyment of the 
 road upon both sides of the track. 
 
 Dated May 5, 1885. 
 
 GEO. N. COPEI.AND, Pres. (L. S.) 
 H. C. PIERCE, (L. S.) 
 
 H. D. HAZARD, (L. S.) 
 
 A. S. GAGE, (I,. S.) 
 
 B. G. GRIFFIN, (L. S.) 
 Trustees of the village of Homer, N. Y. 
 
 The Cortland and Homer Horse Railroad Com- 
 pany hereby accepts the foregoing consent and Accepta 
 agrees to all its conditions and provisions. 
 
 Dated May 5th, 1885. 
 
 S. E. WELCH. 
 
 Treasurer of The Cortland and Homer Horse Rail- 
 road Company.. 
 
 Dulyacknowledged and recorded in Book 75 of 
 
 1 Record 
 
 Deeds, p. 501. 
 
92 
 
 Release 
 
 Kxceptiou 
 
 Modification of Franchise — Village 
 of Homer. 
 
 In consideration of the sum of two hundred 
 dollars paid to the corporation of the village of 
 Homer, N. Y., by the Cortland and Homer Horse 
 Railroad Company, the said corporation of the 
 village agree to and do release the said Cortland and 
 Homer Horse Railroad Company from all obliga- 
 tions to grade and keep in repair Main street in the 
 village of Homer on either side of the tracks of 
 said Horse Railroad Company, the meaning of this 
 agreement being that the village of Homer will 
 hereafter keep said Main street in repair (except) 
 between the rails of said company's road, and that 
 the village in grading said street will place the 
 dirt so as not to interfere with the travel of the 
 Horse Railroad Company (the consideration of 
 this contract shall not apply to any extension of 
 said railroad). But this is not to apply to the 
 removal of snow in winter. 
 
 In witness whereof, the Trustees of said village 
 have hereunto set their hands this 29th day of 
 August, 1885. 
 
 G. W. COPELAND, President. 
 H. C. PIERCE, 
 A. S. GAGE. 
 •B. G. GRIFFIN, 
 
 Trustees of the village of Homer. 
 
93 
 
 Franchise for Electricity — Village 
 of Homer. 
 
 Whereas, The Cortland and Homer Horse Rail- 
 road Company have, by petition duly filed, asked Preamble 
 for certain extensions of the present line of street 
 railway in the village of Homer, and for the sub- 
 stitution of electricity as a motive power instead of 
 horses; and 
 
 , Whereas, public notice has been given of the 
 time and place where such petition shall be first 
 heard by advertisement as provided by law; and 
 
 Whereas, The President and Board of Trustees 
 of the village of Homer have, heard parties in ref- 
 erence to such application, and are of opinion that 
 it is for the best interests of the public that the 
 sam'e shall be granted. 
 
 Now be it resolved, ordained and ordered by the 
 President and Board of Trustees of the village of 
 Homer, and it is hereby ordered, resolved and or- 
 dained by the authority of the same, as follows : 
 
 That consent is hereby given to said Cortland 
 
Consent 
 
 Conditions 
 
 Track 
 
 94 
 
 and Homer Horse Railroad Company, its success- 
 ors and assigns, to substitute electricity as a motive 
 power instead of horses on its present line as now 
 located on Main street in'Homer ; and also to con- 
 struct, maintain, extend and operate its line on 
 said Main street in Homer to the north corpora- 
 tion line of said village with the necessary poles, 
 ■wires, fixtures and appurtenances for the safe and 
 proper operation of the same by electricity. 
 
 This consent is granted upon the following con- 
 ditions, viz.: 
 
 That the track shall be a single track, with a 
 gauge of four feet eight and one-half inches, with 
 the necessary turnouts, switches and sidings, but 
 no turnouts, switches or sidings shall be permitted 
 other than they now exist in said railway, except 
 necessary connection with other streets. 
 
 The track shall be laid in that part of the 
 traveled street where the road now runs, aud any 
 extension of the road on Main street shall be built 
 as nearly as possible in the centre of the traveled 
 highway, and the rails shall be the kind known 
 as " T " rails, weighing not less than fifty-six 
 pounds to the yard. There shall be placed on each 
 side of each -rail a plank chamfered and laid tight 
 to the rail. Said plank to be not less than ten 
 inches in width and not less than two inches 
 thick. 
 
95 
 
 Whenever the streets occupied by said railway- 
 are paved, the company shall pave between the 
 rails and track, and for two feet outside of the 
 track on each side with the same material as used 
 on the rest of the street, unless otherwise allowed 
 by the Board of Trustees ; such paving to be done 
 simultaneously by said railway company at its ex- 
 pense ; or in case of default by said railway com- 
 pany to do so, it shall be done by the village at 
 the expense of said railway company. 
 
 In laying said track the said company is to re- 
 tain the present street grade or such as may here- 
 after be established, and the rails of said road 
 shall not be over one inch above the surface of the 
 street, and the plank on unpaved streets, and the 
 space between the rails of the track shall be prop- 
 erly filled with gravel and kept in repair for the 
 easy and safe passage of vehicles, and on all un- 
 paved streets the rails of said road shall not be 
 above the surface of the pavement. When the 
 streets shall be paved, the rails upon such streets 
 shall be a girder rail or supported by chairs as ap- 
 proved by the Board of Trustees of the village. 
 
 The work of constructing said railway shall be 
 done under the supervision of the Board of Trus- 
 tees, to the extent of seeing that the said streets 
 are left in a good and substantial condition, that the 
 company conform to the grades given and that 
 
 Pave 
 
 Grade 
 
 Supervision 
 
Construction 
 
 Completion 
 
 Repairs 
 
 Speed 
 
 Buildings 
 
 96 
 
 they comply with the requirements and conditions 
 of this franchise. 
 
 The construction of said railway is to be com- 
 menced in good faith within six months after 
 having obtained the conseut of the municipal 
 authorities and the property owners, and if not 
 completed within two years from June i, 1894, then 
 this franchise, so far as the street or. streets where 
 such default or failure shall occur shall lapse and 
 be of no force and effect, or if the consent men- 
 tioned above shall not be obtained within two years 
 from the date of this franchise, then the same shall 
 lapse and be of no force or effect. 
 
 This franchise is granted upon the condition and 
 subject to the right of the village to make any 
 repairs, crosswalks, sewers or gutters on any of 
 the streets on which said road may run and to 
 change the grade of the surface or direction of such 
 streets, and limit and regulate the speed of its cars, 
 as said village in its judgment may desire with- 
 out recompense to said company. 
 
 In case any buildings shall be moved upon or 
 across any of the streets occupied by said rail- 
 way company under authority of the Board of 
 Trustees, the said railw^ay company shall make 
 such temporary arrangements with reference to 
 their wires as shall permit such moving to be done 
 without injury thereto, 
 
97 
 
 The said company is also to remove from its 
 tracks all snow, ice and dirt that may accumulate 
 
 Snow and Ice 
 
 thereon, and transport the same from the streets 
 at its own expense. All of said railway, with its 
 switches, turnouts and turn-tables, is to be built 
 and repaired under the direction of the Board of 
 Trustees of the village of Homer, and in conform- ^^p^'"''' 
 ity with Chapter 565 of the Laws of i8go, and the 
 acts amendatory thereof. 
 
 Before commencing work, said company shall 
 give a bond of indemnity against all damage that 
 may result to person or property from the con- 
 struction, . maintenance or operation of said rail- 
 way, in form and amount and with such sureties 
 as shall be approved by the Board of Trustees ; 
 which bond shall from time to time be renewed, as 
 the Board of Trustees may require, and in case 
 any action shall be brought against the village of 
 Homer to recover damages for injury to person or 
 property, or death of any person occasioned by 
 said company in the construction, maintenance or 
 operation of said railway, said railway company 
 shall upon written notice given them by said vil- 
 lage of Homer, of the pending of an action for 
 injury to person or property or death, be required 
 to defend said action at the expense of said rail- 
 way company and all damages and costs sustained 
 by or which said Homer village shall be com- 
 pelled to pay or does pay for any injuries or 
 death occasioned by said railway in its construc- 
 
 Bpnd 
 
 Damages 
 
98 
 
 tion; maintenance or operation, to person or prop- 
 erty, during the continuance of this franchise, 
 shall be paid by said railway company to said 
 village of Homer. 
 
 Itshall.be the duty of said railway company at 
 Bridges its own expeusc, at the time of the construction of 
 
 its road, to widen the bridge used by it across the 
 branch of the Tioughnioga river so as to permit 
 of the easy passing of vehicles thereupon on two 
 sides of its railroad ; also to do the filling in of the 
 approaches on both sides of said bridge. 
 
 The poles used by said company along the 
 street above specified shall be of uniform height 
 except as to poles which are also used for electric 
 light wires, six inches in diameter at the top and 
 eight inches in diameter at the bottom as near as 
 may be. Said poles shall be straight and shall be 
 set inside and next to the curb line, and shall be 
 kept so, and so far as practicable, shall be set upon 
 the division line between lots and shall be wedge 
 shape or pointed at the top, and the bark shall be 
 peeled from them, and they shall be properly 
 painted, and the village shall at all times have the 
 right to use any and all poles free of charge for 
 police and fire alarm wires and fire alarm boxes, 
 except for one mile of road commencing at the 
 Tioughnioga branch bridge running southerly on 
 the line of the road, only sawed poles shall be 
 
 Use of Poles 
 
99 
 
 used. Said poles shall be sawed square and be of 
 uniform size and height and well painted. 
 
 All ties to be not less than 6 yi feet long, and 
 not further apart than 3 feet from center to center, ^j^^ 
 All stringers to be five inches by seven inches, 
 and both stringers and ties to be of a lasting 
 quality not less than of first-class white oak. 
 
 The minimum height of the trolley wire shall 
 be eighteen feet above the rails, and the said wire 
 shall be safely secured by lateral connections to 
 the poles. 
 
 If said railway company shall cease to operate 
 said railway and shall neglect to keep its cars 
 running on said lines in good faith continuously, 
 then this franchise shall cease and determine and forfeiture 
 be forfeited, and the same shall revert to the vil- 
 lage of Homer. This franchise is therefore granted 
 to The Cortland and Homer Horse Railroad Com- 
 pany, its successors and assigns, upon the require- 
 ments, restrictions and conditions above specified, 
 and upon the express condition that the provisions 
 of Article 4, Chapter 565 of the Laws of 1890, and 
 the acts amendatory and pertinent thereto, shall 
 be complied with. 
 
 The consent hereby granted shall not be valid 
 until the company have obtained the consents of *^°own°ers°o'f 
 the owners of one half the property fronting on 
 said street in the manner prescribed by law. 
 
100 
 
 In witness whereof, th,e undersigned, the Presi- 
 dent and Trustees and Clerk of the village of 
 Homer have hereunto subscribed their names and 
 affixed corporate seal of said village this 2d day of 
 July, A. D. 1894. 
 
 p:DWIN J. BOCKES, President. 
 
 O. B. ANDREWS, ) 
 
 (SEAI.) WILLIAM J. WATSON, I ^„,^.^^^ 
 
 C. C. WAKEFIELD, f ^"^"^i^^^s. 
 
 C. H. DANES, J 
 
 E. W. HYATT, Clerk of the Board. 
 
 Recorded in County Clerk's office. 
 
101 
 
 ^^H£i^ 
 
 Franchise for Electric Light- 
 lage of Homer. 
 
 -Til- 
 
 This agreement, made December lotli, 189I, 
 between The Hitchcock Manufacturing Com- 
 pany oi Cortland, N. Y. (a corporation), party of 
 the first part, and the village of Homer, party of 
 the second part. 
 
 Witnesseth as follows : 
 
 The party of the first part in consideration of 
 the rights and privileges hereinafter granted by 
 the party of the second part, does hereby agree to 
 and with the said village of Homer, party of the 
 "Second part, to furnish to said village during the 
 period of about seven years from and after Jan- 
 uary I, 1892, and until April i, 1898, or for such 
 portion of said period as the said village of Homer 
 may desire the same, twenty-five electric arc lights 
 for lighting the streets of said village, and as 
 many more in addition thereto as the said party 
 of the second part by its present or any future 
 Board of Trustees may choose to employ for 
 lighting the streets of said village, at the rate and 
 price of thirty cents each per night for each light 
 
 Agreement 
 
 Term 
 
 No. of lyights 
 
102 
 
 when they shall be desired by the said village of 
 Homer or its Board of Trustees ; and said lights 
 and each of them shall run and be used for light- 
 ing the streets of said village from the time of 
 twilight at evening until the hour of 12 o'clock 
 of each night. And each light so furnished by 
 the party of the first part shall be of two thousand 
 candle power, and the said lights shall be good 
 and suitable in all things. 
 
 The party of the first part hereto further agrees 
 that during the said period of time it will not 
 charge for commercial purposes nor to private 
 Charges consumcrs of incandescent lights or other light 
 
 furnished by it, more than the average charges to 
 the private citizens of other various cities and 
 villages in this State where the system of electric 
 lighting has been or shall be established. 
 
 The said party of the first part further agrees 
 that it will at all times provide all applicants de- 
 siring light with service anywhere on the lines of 
 their wires, provided they pay said reasonable 
 price aforesaid therefor, as soon as there shall be 
 demand for at least two hundred incandescent 
 lights. 
 
 Said party of the first part hereto agrees and 
 
 Indemnity biuds itsclf to savc the village of Homer free and 
 
 harmless of and from the payment of any sum of 
 
 money or from any damages which may arise or 
 
103 
 
 result from injury or accident to persons or prop- 
 erty by reason of said poles or wires being erected 
 or strung; over the streets of said village, either in 
 process of placing them therein or in maintaining 
 them in said streets and highways after they are 
 so placed. And the party of the second part shall ^'poies""'^ 
 have the right in all cases to choose and designate 
 the location of said poles and wires in and over 
 said streets and highways. 
 
 The party of the first part further agrees to 
 save the said village of Homer harmless of and 
 from any cost and expenses or damages from or 
 in consequence of any suit at law or in equity 
 arising from the infringement or alleged infringe- 
 ment of any letters patent resulting from the 
 use of their system or any part thereof 
 
 The party of the first part further waives and 
 releases any and all personal liability which they 
 may have or claim against any trustee or the 
 president of the party of the second part by rea- 
 son or in consequence of the making of this con- 
 tract or the ordinance or resolution of the Board 
 of Trustees creating or granting the same or in 
 consequence of any vote of any such ofl&cer in 
 favor thereof, or in consequence of any act con- 
 nected with the granting of this contract or any 
 part thereof. 
 
 The party of the first part further agrees that 
 for and during said term, and so long as the poles 
 
 Release 
 
104 
 
 Fire Alarm 
 
 Exclusive 
 Right 
 
 Payments 
 
 of the party of the first part to be erected in any 
 street of said village shall continue or remain 
 therein, the party of the second part shall have 
 the right and privilage of using said poles or any 
 of them for the purpose of placing thereon wires 
 for an electric fire alarm system. 
 
 In consideration of one dollar and of the fore- 
 going covenants, the party of the second party 
 hereby grants and gives to the party of the first 
 part (it successors or assigns) the exclusive right, 
 leave and license to place and erect poles within 
 any of the streets of said village of Homer, and to 
 stretch wires thereon over any of the streets of the 
 said village of Homer (which poles are to be located 
 from time to time by the Board of Trustees of the 
 village of Homer), for the purpose of supplying 
 electric light, motive power or heat by electricity, 
 and of using the same during the time and term 
 from January first, 1892, until April first, 1898, 
 subject, however, to the rights in any case of prop- 
 erty holders owning the title and fee of the lauds 
 to the center of the street, and not in any way 
 guaranteeing or creating any license or right in 
 conflict with the rights or titles of such owners. 
 It is further understood and agreed that all pay- 
 ments provided to be paid said fi-rst party under 
 this contract shall be conditioned upon the faithful 
 performance by said first party of all the terms 
 and conditions of this contract; and if the party of 
 the, first part shall fail to fulfill or perform any of 
 
105 
 
 the terms of this contract, or shall fail to properly 
 supply the lights hereinbefore contracted for, then 
 this contract may be declared void, all rights of 
 said first party hereunder shall cease, and the 
 franchise hereby granted shall terminate and be of 
 no effect. 
 
 In witness whereof, the parties hereto have here- 
 unto set their hands and seal the day and year 
 first above written. 
 
 THE VILlvAGE OF HOMER, (L- S.) 
 
 By. J. J. Murray, Pres. 
 
 HITCHCOCK MANUFACTURING CO. {h S.) 
 Per H. L. Glkason, See'y. 
 
 (assignment) 
 For value received, we hereby sell, assign and 
 deliver all our right, title and interest in and to 
 the within contract to The Cortland and Homer 
 Electric Company, subject to the terms and condi- 
 tions therein contained. 
 
 Witness our hands and seal this i6th day of 
 August, 1894. 
 
 HITCHCOCK MANUFACTURING CO. (I,. S ) 
 
 C. B. Hitchcock, Pres. 
 
 Forfeiture 
 
 Assign nieut 
 
X06 
 
 Franchise for Electric Light — Vil- 
 lage of Cortland. 
 
 Consideration- 
 
 Use of Streets 
 
 Exclusive 
 Right 
 
 This Agreement, made this seventh day of May, 
 1888, by and between The Hitchcock Manufactur- 
 ing Company, of Cortland, N. Y., a body corporate, 
 party of the first part, and the Village of Cortland, 
 party of the second part. 
 
 Witnessetb, the party of the first part, The 
 Hitchcock Manufacturing Company, in considera- 
 tion of the right to use the streets and highways of 
 the party of the second part, for the purpose of 
 erecting and maintaining therein electric light 
 poles, and stretching and maintaining thereon elec- 
 tric light wire for the purpose of supplying electric 
 light, motive power or heat by electricity. 
 
 And in consideration of the exclusive right, to 
 so use as aforesaid said streets and highways for 
 and during the period of ten years from and after 
 the first day of April, 1888, hereby agree to and 
 with the village of Cortland, to furnish to said 
 village during the period of ten years from and 
 after April ist, 1888, and until the first day of 
 
107 
 
 April, 1898, the forty-three electric arc lights now 
 in use by said village of Cortland, for lighting ^°°fwghts 
 the streets of said village, and as many in additioii' 
 thereto as the village of Cortland by its present 
 or any future Board of Trustees (as by them shall 
 be located from time to time) shall choose to em- 
 ploy for lighting the streets of said village, at the 
 irate and price of thirty cents each per light, for 
 each night when they shall be desired by the said 
 village of Cortland; or its Board of Trustees, to be 
 used for lighting the streets of said village, and 
 said lights and each of them shall run and be 
 used for lighting the streets of said village, from 
 the time of twilight at evening, until the hour of 
 12 o'clock at midnight of each night, and each 
 light so furnished by the party of the first part, to 
 the party of the second part hereto shall be of 
 2,000 candle power, and the said light shall be 
 good and suitable in all things. 
 
 And the party of the first part hereto further 
 agrees that during said period of time (said ten charge 
 years) it will not charge for commercial purposes 
 nor to private consumers of said village for incand- 
 escent lights or other lights furnished by it, more 
 than the average charges to the private citizens of 
 other various cities and villages in this State 
 where the system of electric lighting has been or 
 shall be established. 
 
 And said party of the first part, said Hitchcock 
 
Indemnity 
 
 108 
 
 Manufacturing Company, shall at all times pro- 
 vide all applicants desiring light with service any- 
 where on the lines of their wires, provided they 
 pay said reasonable prices aforesaid therefor. And 
 the said party of the first part hereto agrees and 
 binds itself to save the village of Cortland free 
 and harmless of and from the payment of any sum 
 of money or from any damages which may arise 
 or result from injury or accident to any person by 
 reason of said poles, or wire, being erected or 
 strung over the streets of said village, either in 
 process of placing them therein or in maintaining 
 them in said streets and highways after they are 
 so placed, and the party of the second part sha,ll 
 have the right in all cases to choose and designate 
 the location of said poles and wire in and over said 
 streets and highways. 
 
 And the party of the first part further agrees to 
 save said village of Cortland harmless of and from 
 any cost and expenses or damages from or in con- 
 sequence of any suit at law or in equity arising 
 from the infringement or alleged infringement of 
 any letters patent resulting from the use of their 
 system or any part thereof. 
 
 And the party of the first part further waives 
 and releases any and all personal liability which 
 they may have or claim against any Trustee or 
 the President of the party of the second part, by 
 reason or in consequence of the making of this 
 
109 
 
 contract or the ordinance or resolution of the Board 
 of Trustees creating or granting the same, or in 
 consequence of any vote of any such ofl&cer in favor 
 thereof, and waives and releases any and all per- 
 sonal liability of any Trustee or President of said 
 village for any act in or connected with the grant- 
 ing of this contract or right, or any part thereof. 
 
 And the party of the first part further agrees 
 that for and during the said term often years from 
 and after April ist, 1888, and so long as the poles 
 of the party of the first part, now erected, or to be 
 hereafter erected in any street of said village, shall 
 continue or remain therein, the party of the second 
 part shall have the right to use and privilege of 
 using said poles or any of them for the purpose of 
 placing thereon and using thereon the wire for 
 their electric fire alarm system. 
 
 And the party of the second part, in considera- 
 tion of the foregoing, hereby grants and gives to 
 the party of the first part the right, leave and li- 
 cense to place and erect poles within any of the 
 streets of said village and to stretch wire thereon 
 over any of the streets of said village, to be located 
 from time to time as by the Board of Trustees di- 
 rected, for the purpose of supplying electric light, 
 motive power or heat by electricity and of using the 
 same during the time and term of ten years from 
 and after April ist, 1888, and granting and giving 
 hereby the exclusive right and privilege to the 
 
 Fire Alarm 
 
 Poles 
 
no 
 
 party of the first part hereto during said time and 
 term of ten years aforesaid of so erecting said 
 poles within, and stretching wire there^on ovfef the 
 streets or highways of said village for the purpose 
 of supplying electric light, motive power or heat 
 by electricity, subject to the rights in any case of 
 property holders owning the title and fee of the 
 lands to the center of any street, and not in an}?^ 
 way guaranteeing or creating any license or right 
 in conflict with the rights or titles of such owners. 
 
 In witness whereof, the parties hereto have 
 hereunto set their hands aiid seals the day and 
 year first above written. 
 
 THE HITCHCOCK MANUFAtTURING CO. (L. S.) 
 
 By C. B. Hitchcock, Pres. 
 
 THE VILLAGE OF CORTLAND, (L- S.) 
 
 By F. H. CoBB, Pres. 
 
 (assignment) 
 
 For a go'od and valuable considei'ation, to us in 
 hand paid, we hereby sell, assign and deliver all 
 our right, title and interest in and to the within 
 contract to The Cortland and Homer Electric Co., 
 subject to the terms and- conditions therein con- 
 tained. 
 
 Witness our hands and seals this i6th day of 
 August, 1894. 
 
 HITCHCOCK MANUFACTURING CO. (L. S ) 
 
 C. B. Hitchcock, Pres. 
 
Ill 
 
 Franchise for Electricity — ^yil][;age 
 of ^M^cGrawviJle. 
 
 Whereas, The Cortland and Homer Horse Rail- 
 road Company, .have by petition duly filed asked Recital 
 for certain extensions of the present line of street 
 railway and for the substitution of electricity as a 
 -motive power inste,ad of horses ; and 
 
 Whereas, public notice has been given of the 
 time aiid place where such petition should be first 
 heard as provided by law by advertiseipent in the 
 Cortland County Sentinel, a newspaper published 
 in McG-rawviJle ; and 
 
 Whereas, said company have obtained the con- 
 sents of owners of more than one-half the assessed 
 valuation of property along the routes of the ex- 
 tensions as, asked for ; and 
 
 • Whereas, the P'resident and Board of Trustees 
 of the village of McGrawville have heard parties 
 in reference to such application and are of opinion 
 that it is for the best interests of the public that 
 the^sarne should be granted. 
 
112 
 
 Cousent 
 
 Now, be it resolved, ordained and ordered by 
 the President and Board of Trustees of the village 
 of McGrawville and it is hereby ordained by au- 
 thority of the same, as follows : 
 
 Section i. Consent is hereby granted said 
 Cortland and Homer Horse Railroad Company, 
 its successors and assigns, to construct, maintain, 
 extend and operate its lines on the following 
 streets in said village of McGrawville, with the 
 necessary poles, wires and fixtures and appur- 
 tenances for the safe and proper operation thereof 
 by electricity, namely : Main street. South street, 
 Elm street, and any extension thereof leading to 
 the highway from McGrawville to Cortland, and 
 Bennett street. Said road being extended on 
 Main street from South street' as far east as 
 Corev's block. 
 
 Section 2. The track shall be a single track 
 Track with the necessary turnouts, switches and sidings 
 
 and shall be laid in the center of the street except 
 where otherwise directed by the Trustees of said 
 village, and the rails shall be of the kind known 
 as " T " rails and at all streets intersections the 
 
 Rails 
 
 same shall be guarded by planks on both sides 
 and shall be laid to grade as furnished by the 
 Street Commissioner of the village. 
 
 Section 3. The track shall be properly filled 
 and kept in repair for the easy and safe passage 
 
of vehicles, and whenever the rest of the street is 
 paved the company shall pave between its tracks 
 and twenty-four inches outside of each rail. 
 Wherever the tracks cross any bridges owned by 
 the village of McGrawville they shall be left in as 
 good condition and repair as before tracks were 
 laid, and the company shall keep and maintain 
 the portion thereof between the rails in good 
 condition and repair. 
 
 Section 4. The poles shall be erected inside 
 the curb Hues and so far as practicable shall be 
 upon the division lines between lots and shall be 
 neatly painted, and the village shall at all times 
 have the right to use any and all poles free of 
 charge for police and fire alarm wires. All trolley 
 wires shall have a clearance above the grade of 
 the street at least sixteen feet. 
 
 Section 5. The company shall remove all snow 
 from its tracks so as not to interfere with public 
 travel on such streets. 
 
 Section 6. Said company shall furnish trans- 
 fers upon different lines in the village, so that 
 one fare only shall be charged and collected for a 
 ride from one part of the village to another, under 
 such restrictions as shall be deemed by it proper. 
 
 Section 7. The company shall at all times be 
 subject to all proper regulations as to speed as 
 
 Paving 
 
 Poles 
 
 Suow 
 
 Transfers 
 
 Speed 
 
114 
 
 Conimeuce- 
 ment 
 
 Completion 
 
 Couditiou 
 
 ' Record 
 
 shall- be determined upon by the village authori- 
 ties. 
 
 Section 8. On any streets where the work of 
 construction shall not be commenced within one 
 year or completed within two years from the ap- 
 proval hereof the consent hereby given shall be 
 null and void unless an extension of time shall be 
 hereafter granted. 
 
 ■a 
 
 Section 9. The consent hereby granted is 
 granted upon the express condition that the pro- 
 visions of Chapter 565 of the Laws of New York, 
 1892, and the laws amendatory thereto, which 
 are pertinent hereto, shall be complied with by 
 said company. 
 
 Section 10. Said company shall in no case 
 charge or cause to be charged to exceed fifteen 
 cents for one fare over its road from any point in 
 the village of McGrawville to any point in the 
 village of Cortland, or between said points in 
 either direction, or over any part of said portion 
 of its road. 
 
 Dated at McGrawville, N. Y., April 6th, 1894. 
 
 WILIvIAM J. BUCHAMAN, President. 
 J. J. BURGRKN, Clerk. . 
 SAMUEL DUELL. 
 
 F. C. TOPPING. 
 H. C. JOHNSON. 
 
 G. H. MARICLK, Treasurer. 
 
 Filed in County Clerk's office, August i, 1894. 
 
115 
 
 Statement of Route. 
 
 The Cortland and Homer Traction Company, 
 in accordance with the provisions of Section 90, 
 Article 4, of the Railroad Law of the State of New 
 York, files the follov/ing statement of the names 
 and description of the streets, roads and highways 
 in or upon which it is proposed to construct, main- 
 tain or operate its extensions or branches, viz. : 
 
 Beginning on Main street, in the village of 
 Cortland, at the Blmira, Cortland and Northern Route 
 Railroad depot ; thence on Main street to Homer 
 avenue, and thence along said avenue through the 
 town of Cortland, and on Main street in the vil- 
 lage of Homer, to the north corporation line of 
 said village of Homer. And also from the inter- 
 section of Main street and Clinton avenue in the 
 village of Cortland ; thence on Clinton avenue, 
 Church street, Railroad street, Pendleton street. 
 Elm street, Pomeroy street and Port Watson 
 street, through the town of Cortlandville, and on 
 Main, Elm and South streets in the village of 
 McGrawville ; and also from the intersection of 
 Main street and Groton avenue ; and thence on 
 
Record 
 
 116 
 
 Groton avenue, Homer avenue, Maple 
 Woodruff street and Broadway to Tompkins 
 street. And also from the intersection of Main 
 street and Tompkins street in Cortland, along 
 Tompkins street. Park street, Frank street, Duane 
 street, Owego street and Railway avenue. 
 
 In witness whereof the said The Cortland and 
 Homer Traction Company has caused its corporate 
 seal to be hereto affixed, and this certificate to be 
 signed by its ofl&cers, this 31st day of July, A. D. 
 1894. 
 
 THE CORTI^AND AND HOMER TRACTION CO. 
 
 By P. S. Page, Vice-Presideut. 
 
 Attest : HORACE E. HAND, Secretar3^ 
 
 Filed in County Clerk's office, August i, 1894. 
 
117 
 
 Order for Change of Name. 
 
 At a special term of Supreme Court held at 
 the court house in the village of Watkins, in 
 Schuyler county, N. Y., commencing on the rgth 
 day of June, 1894. 
 
 Present: Hon. Walter Lloyd Smith, Justice, 
 presiding. 
 
 In the matter of the application of The Cortland 
 and Homer Horse Railroad Company to change 
 its name to The Cortland and Homer Railroad 
 Company. 
 
 On reading and filing the verified petition of 
 The Cortland and Homer Horse Railroad . Com- 
 pany and the resolution of said company dated 
 March 8, 1894, and the afiidavit of publication 
 made by Benton B. Jones, June 14, 1894, and the 
 affidavit of Mr. Dolan, sworn to June 15, 1894, and 
 annexed to said petition, and on the approval and 
 order of the Board of Railroad Commissioners made 
 March 19, 1894, and on motion of Horace L. Bron- 
 son, of counsel for said Cortland-and Homer Horse 
 
118 
 
 Order 
 
 Filing 
 
 Publication 
 
 Railroad Company, no one opposing, and the Court 
 having deliberated thereon. 
 
 It is therefore ordered that the prayer of 
 the petition be granted and that The Cortland and 
 Homer Horse Railroad Company have leave to 
 assume another name, to wit : " The Cortland and 
 Homer Railroad Company," and said company is 
 authorized to assume said name, The Cortland and 
 Homer Railroad Company, on or after the loth 
 day of August, A. D. 1894. 
 
 It is farther ordered that this order and the 
 papers herein enumerated and upon which this 
 motion is made shall be entered and filed within 
 ten days hereafter in the Clerk's office of the 
 Clerk of Albany county, the county in which 
 said company's certificate of incorporation is filed 
 and a certified copy in the office of the Clerk of 
 Cortland county in which its principal office is 
 located, and a certified copy of said order shall be 
 filed within ten days after entry herefrom in the 
 office of the Secretary of State, and also in the 
 office of the Board of Railroad Commissioners. 
 
 Said order shall also be published by a copy 
 in the Cortland Standard of Cortland, N. Y., once 
 in each week for four successive weeks and for 
 the same length of time in the Argus, a news- 
 paper printed and published in the City of Al- 
 bany, N. Y., said publication to be commenced 
 
119 
 
 within ten days after the entry thereof, and as 
 provided by statute. 
 
 W. Iv. S. 
 
 (endorsed) 
 
 Granted at the within term and ordered en- 
 tered in Albany county. 
 
 Dated June 19, 1894. 
 
 P. HALSEY HAWES, Clerk. 
 
 ' ^ss.: 
 
 State of New York, 
 City and County of Albany, Clerk's Office, 
 
 I, James D. Walsh, clerk of said city and 
 county, and also clerk of the supreme and county 
 courts, being courts of record held therein, do 
 hereby certify, that I have compared the annexed 
 copy order with the original thereof, filed in this 
 office on the 22d day of June, 1894, at 2:35 p. ni., 
 and that the same is a correct transcript therefrom 
 and of the whole of said original. 
 
 In testimony whereof, I have hereunto set my 
 hand and affixed my official seal this 2 2d day 
 of June, 1894. 
 
 JAMES D. WAIvSH, Clerk. (I,, S.) 
 
 Filed and entered June 29, 1894. 
 
 S. K. JONES, Clerk. 
 
 Certificate 
 
Certificate 
 
 120 
 
 State of New York, 
 Cortland County Clerk's Office, ^ ^^■• 
 
 I, Ephraim C. Palmer, Clerk of said County, and 
 of the Supreme and County Courts therein, which 
 are Courts of Record, do hereby certify that I have 
 compared the foregoing with the original now on 
 file and entered in said office, and that it is a cor- 
 rect transcript therefrom and of the whole of said 
 original order, as entered in Book G, at page 340. 
 
 In Testimony Whereof, I have hereunto set my 
 hand and affixed the seal of said County Courts, 
 at Cortland, this 24th day of July, 1896. 
 
 E. C. PAI^MKR, Clerk. 
 
121 
 
 Consents of Property Owners 
 
 The consents of property owners were filed in 
 County Clerk's office, August 21, 1894, and are 
 all bound in a special book. 
 
122 
 
 . Recital 
 
 Agreement for Grade Crossing. 
 
 This contract made and entered into at the city 
 of Syracuse, N. Y., this 21st day of August, 1894, 
 by and between The Syracuse, Binghamton and 
 New York Railroad Company, party of the first 
 part, and The Cortland and Homer Traction Com- 
 pany, party of the second part. 
 
 Witnesseth, that whereas, said party of the 
 first part owns aud operates a railroad through the 
 town of Cprtlandville and the villages of Cortland 
 and Homer in said town ; and 
 
 Whereas, said party of the second part has 
 recently become incorporated, and its purpose is to 
 operate a trolley electric street car line in and 
 between said villages of Cortland and Homer ; and 
 
 . Whereas, heretofore there has existed the corpo- 
 ration The Cortland and Homer Horse Railroad 
 Company, which company has operated a horse 
 car line between said villages, and in certain streets 
 of each of said villages and across the tracks of 
 the party of the first part between said villages ; 
 and 
 
123 
 
 Whereas, the said party of the second part has 
 acquired all the rights and franchises of said Cort- 
 land and Homer Horse Railroad Company and 
 purposes to avail itself of the same in the opera- 
 tion of its trolley road ; and 
 
 Whereas, said party of the second part desires 
 rights and privileges as to' crossing the tracks of 
 said party of the first part, additional to those 
 which it has acquired from said Cortland and 
 Homer Horse Railroad Company, which said party 
 of the first part is willing to concede under con- 
 ditions which shall best assure the safe operation 
 of both of said railroads. 
 
 Now, therefore, in consideration of said prem- 
 ises and of other considerations by each party ac- 
 knowledged to have been received from the other 
 and to be sufficient. It is contracted between said 
 parties as follows : 
 
 First. The certain suit in the Supreme Court 
 in Onondaga county now pending, commenced by 
 said first party against said second party, to re- 
 strain its crossing said first party's tracks, etc., 
 shall be discontinued immediately after the ex- 
 ecution of this contract, and said first party shall 
 cause proper orders to that effect to be duly 
 entered. 
 
 All disbursements and lawyers' charges incurred 
 by said first party in said suit and in effecting dis- 
 
 Suit 
 
124 
 
 Rights 
 
 Crossing 
 Abandoned 
 
 continuance of the same shall be paid by said 
 second party. 
 
 Second. All of the rights which have hereto- 
 fore been owned and exercised by said Cortland 
 and Homer Horse Railroad Company shall be 
 owned and exercised by said party of the 
 second part, excepting as hereinafter enlarged or 
 modified. 
 
 Third. The crossing of the tracks of said first 
 party by the tracks of said Cortland and Homer 
 Horse Railroad Company between said villages 
 which has heretofore existed is forever abandoned. 
 
 Crossing 
 
 Fourth, Said crossing so abandoned shall be 
 made by said second party upon the highway be- 
 tween said villages and upon the same conditions 
 and requirements as have heretofore existed with 
 reference to said abandoned crossing, excepting as 
 herein otherwise agreed. 
 
 Upon said highway and near, but not upon, the 
 lands or right of way of said first party, said 
 second party may erect poles for sustaining its 
 trolley and feed wires and m.ay extend its said 
 trolley and feed wires over the tracks of said first 
 party, provided, and upon the express condition, 
 that such wires shall be, and always maintaiined 
 to be, not less than twenty-one feet above the top 
 of the rails of said first party's tracks. Such cross- 
 ing, as to grade, rails, ties and mechanical struc- 
 
125 
 
 ture, in every detail, shall be made in exact con- 
 formity with written plans and specifications to be 
 furnished by the acting superintendent of said 
 first party, and shall not be used until said acting 
 superintendent shall, in writing, approve such 
 construction. 
 
 Such construction shall be made wholly at the 
 expense of said second party and shall thereafter Maintenance 
 be maintained at its expense and without change, 
 excepting by approval of the then acting superin- 
 tendent of said first party. 
 
 Fifth. It is mutually agreed that the crossings 
 contemplated by this contract will be inconvenient 
 and often dangerous, however prudently cars may 
 be moved thereon'. 
 
 Therefore, said second party will endeavor to so ^cro"°^g 
 operate its railroad as to make but one other cross- 
 ing over said first party's tracks. 
 
 Such other crossing may be made at Railroad 
 street in the village of Cortland. 
 
 No other crossing shall be constructed or oper- 
 ated without the further consent and contract of 
 said 'first party. 
 
 Such crossing, as to location of poles and wires, 
 as to grade, rails, and all details of mechanical 
 structure shall be constructed as provided in the 
 preceding paragraph (4) hereof; that is to say, 
 the poles shall not be erected upon the lands or 
 rights of way of said first party, the wires shall be 
 and be maintained at least twenty-one feet above 
 
Maintetinace 
 
 Grade 
 
 126 
 
 the tops of the rails of said first party's tracks and 
 said crossing shall be constructed and maintained, 
 in accordance with written plans and specifications 
 to be furnished by the acting superintendent of 
 said; party of the first part and not used until his 
 approval of such construction, and shall be con- 
 structed and maintained at the expense of said 
 second party. 
 
 Sixth. AH of the grants hereof by said first 
 party to said second party are made and accepted 
 upon the express condition that between Cortland 
 and Homer the cars of said second party shall be 
 used only for the transportation of persons and in 
 no case for the transportation of freight, excepting 
 merchandise carried by passengers, and in no case 
 shall cars of other corporations or persons be 
 moved over either of said crossings. 
 
 Seventh. Said second party shall maintain the 
 highway between its tracks "Upon said crossing and 
 for the space of eighteen inches upon each side 
 thereof, in accordance with any lawful require- 
 ment of said town or either of said villages, so faf 
 as shall be necessary to relieve said first party 
 from any chaxge or liability therefor. 
 
 Eighth. Itj case said first party shall at any 
 time change the grade of its tracks said second 
 party shall, at said crossings, at its own expense 
 change its grade to conform thereto. And in case 
 
127 
 
 said first party shall put down additional track or 
 tracks at said crossings, said second party sHall 
 cause proper crossings to be constructed, as per 
 section 4 hereof. 
 
 Ninth. Every car which shall be operated by 
 said party of the second part at either of said 
 crossings shall be provided with a conductor and a 
 driver, motor man or other operator (two em- 
 ployees), and no car of said second party shall 
 pass upon the lands or rights of way of said first 
 party unless such car is so provided with two em- 
 ployees, one of whom shall be capable of properly 
 moving, stopping and controlling the movements 
 of said car. 
 
 Tenth. Every car of said party of the isecOud 
 part which shall be run upon or over either of said 
 crossings in either direction shall be brbiight to a 
 full stop in each instance before it shall reach the 
 lands or rights of way of said party of the first 
 part. Thereupon the conductor or other employee 
 of said party of the second pai-t thereon, but not 
 the employee thereon entrusted with the Operation 
 of isaid car, shall ^c> foirward thereof to the tricks 
 of said party of the first part and lobk up and 
 down the same in both directiohs and shall assure 
 himself that no train or engine of said party Of the 
 first part i& approaching said crossing. Until this 
 shall be done,and until such employee shall by such 
 observation ascertain that no train Or engitife is 
 
 Men on Cars 
 
 Stops 
 
128 
 
 approaching upon the tracks of said party of the 
 first part in either direction, such car of said sec- 
 ond party shall not move upon the lands or rights 
 of way of said first party. When such employee 
 shall have ascertained that no train or engine of 
 said first party is approaching said crossing, he 
 may cause said car of said second party to be 
 moved over said crossing, it being expressly ageed 
 Right of Way an^ understood that all trains, cars and locomotives 
 of the party of the first part shall, at all times, have 
 the right of way over the cars of the party of the 
 second part. 
 
 Eleventh. Whenever, at either of said crossings, 
 said first party shall determine to build or main- 
 Gates tain crossing gates or employ or maintain gate-, 
 
 tenders or flagmen by day or by night said second 
 party shall, upon demand, pay to said party of the 
 first part one-half of the expense of the erection 
 and maintenance of such gate and of the wages of 
 such gatemen and flagmen. 
 
 Such gates at either of said crossings shall be 
 constructed by said party of the first part, if it 
 shall decide so to do, and after such construction 
 said second party shall, upon demand, pay one- 
 half of the cost thereof. 
 
 Not more than two persons (one day and one 
 nightman), shall be employed to work at the same 
 time at either of said crossings. Such persons 
 shall be employed by said first party, and said 
 second party shall, upon demand, if said first 
 
Damages 
 
 129 
 
 party shall employ such persons, pay one-half of 
 the wages paid to them by said first party. 
 
 Said party of the first part shall, however, upon 
 the written request of the superintendent of said 
 second party, discharge any person so employed. 
 
 Twelfth. Said party of the second part coven- 
 ants and agrees to assume. the responsibility and 
 liability for any and all injuries and damages to 
 persons and property which may happen or arise 
 or be caused by the construction, operation and 
 maintenance of its railway tracks crossing the 
 tracks of the said party of the first part as herein 
 provided, provided that such damage or injury 
 shall result from or by reason of any neglect, fail- 
 ure or omission on the part of the said party of 
 the second part, its agents or employees, to do or 
 perform anything herein agreed to be done by the 
 party of the second part, or from any default or 
 negligence of the party of the second part, its ser- 
 vants or agents. 
 
 Said party of the second part further covenants 
 and agrees to indemnify and save harmless the 
 party of the first part from all claims, damages, i^-^^^'y 
 recoveries, and judgments which may arise by 
 reason of any such injuries or damages resulting 
 as aforesaid; provided, always that in case such in- 
 juries or damages shall result from the concurrent 
 negligence of the parties hereto, or their em- 
 ployees or servants, the payment of any recover- 
 
IdO 
 
 ies, claims, demands or judgments shall be borne 
 equally and jointly by said parties. 
 
 In case gates shall be constructed or main' 
 tained at either of said crossings and any liability 
 jofnt Liability ^o cithcr party or another person shall be claimed 
 in consequence of any alleged defect in such 
 structure or its maintenance, such structure and 
 its maintenance shall be the joint structure of said 
 parties, and no liability shall exist by either party 
 to the other in consequence of such defect in con- 
 struction or maintenance ; and any liability to 
 another shall be a joint liability of the parties 
 hereto. In case any liability shall occur 
 by the reason of the incapacity, default or negli- 
 gence ofgatemen or flagmen so employed, no cause 
 of action shall accrue to either party against the 
 other therefor, and any liability to other parties 
 arising therefrom shall be jointly sustained by 
 the parties hereto. 
 
 Thirteenth. It is agreed that in case said party 
 of the second part, its successors or assigns, shall 
 Forfeiture fail to obscrve and keep either of the covenants 
 and agreements therein contained, the rights 
 hereby granted by the party of the first part shall 
 at its option terminate. 
 
 All of the agreements hereof shall be binding 
 upon the successors and assigns of the respective 
 parties. 
 
131 
 
 In witness whereof the party of the first 
 part has caused its corporate seal to be hereto 
 affixed and attested by its Secretary and signed by 
 its General Manager, and the party of the second 
 part has caused its corporate seal to be hereto 
 afiixed and attested by its President and by its 
 Treasurer, the day and year first above written. 
 
 THE SYRACUSE, BINGHAMTON AND 
 NEW YORK RAILROAD COMPANY, 
 
 By W. F. Hali^stead, Gen. Manager. 
 
 Attest : Fred T. Chambers, Secretarj'. (Seal.) 
 
 THE CORTLAND AND HOMER TRAC- 
 TION COMPANY, 
 
 By C. D. Simpson, President. 
 
 Attest : Horace E- Hand, Treasurer. (Seai<) 
 
 [ENDORSEMENT.] 
 
 The consent of the Board of Railroad Commis- 
 sioners is hereby given to the proposed crossing 
 upon the terms and conditions contained in the 
 within contract in accordance with Section 2, of 
 Chapter 239, of the laws of 1893. 
 
 CHARLES R. DeFREEST, 
 Secretary Board of Railroad Commissioners. 
 
132 
 
 Agreement for Grade Crossing. 
 
 This Agreement, made and entered into this 
 1 8th day of October, A. D. 1894, by and between 
 The Mlniira, Cortland and Northern Railroad 
 Company, party of the first part, and The Cort- 
 land and Homer Traction Company, party of 
 the second part. 
 
 Witnesseth, whereas . said party of the first 
 part owns and operates a railroad through the 
 town of Cortlandville, in the village of Cortland, 
 in said town, and 
 
 Whereas said party of the second part has ac- 
 quired the rights and franchises of the Cortland 
 and Homer Horse Railroad Company in said vil- 
 lage, and propose under the powers granted by 
 its charter to extend its Street Railway lines in 
 said village and town, and 
 
 Whereas said party of the second part desire to 
 cross the tracks of said party of the first part in 
 said village of Cortland, 
 
 Now therefore in consideration of the premises 
 and other considerations, all of which are ac- 
 
133 
 
 knowledged to have been received from the other 
 and to be sufficient, it is contracted between the 
 parties as follows: 
 
 First. Said party of the second part may cross 
 the tracks of said party of the first part in said crossing 
 village of Cortland at either Elm street or Port 
 Watson street as they may hereafter decide, and 
 may erect poles for sustaining its trolley and feed 
 wires and may extend its trolley and feed wires 
 over the tracks of said party of the first part at 
 said point, provided and upon the express condi- 
 tion that such wires shall be erected and main- 
 tained not less than twenty-one feet above the top ^.^^^ 
 of the rails of the tracks of said party of the first 
 part. The grade, rails, ties and mechanical struc- 
 ture shall be made in accordance with the plans 
 and specifications to be furnished by said party of ^'^°^ 
 the second part and approved by the General 
 Manager or Superintendent of said party of the 
 first part. Such construction shall be made by 
 said party of the second part at its own cost and 
 expense. The location of any and all poles nec- 
 cessary for the construction of the wires of said 
 party of the second part, shall be located at such 
 points, as shall be approved by the General Man- 
 ager of said party of the first part. 
 
 Second. Said party of the second part shall 
 maintain the highway between its tracks, upon 
 such crossing and for the space of eighteen inches 
 
 Maiutenance 
 
134 
 
 Right of Way 
 
 upon each side thereof in accordance with any 
 lawful requirement of said town or village, so far 
 as the same shall be necessary to relieve said party 
 of the first part of any charge or liability therefor. 
 
 Third. In case said party of the first part shall 
 change the grade of its tracks, said party of the 
 second part shall at such crossing, at its own ex- 
 pense, change its grade to conform thereto, arid in 
 case said party of the first part shall put down ad- 
 ditional track or tracks, at said crossing, said 
 party of the second part shall cause proper cross- 
 ings to be constructed as hereinbefore provided. 
 
 Fourth. Every car which shall be operated by 
 said party of the second part at said crossing shall 
 be provided with a conductor and a inotorman or 
 other operator (two employees) and no car of said 
 party of the second part shall pass upon land or 
 rights of way of said party of the first part unless 
 such car is so provided with two employees, one of 
 whom shall be capable of propelling, moving, 
 stopping and controlling said car. 
 
 Fifth. Every car of said party of the second 
 part which shall be run upon said crossing in 
 either direction shall be brought to a full stop in 
 each instance before it shall reach the right of way 
 of said party of the first part, and thereupon the 
 conductor or other employee of said party of the 
 second part, but not the employee intrusted with 
 
135 
 
 the care of said ca:r, shall go forward to the tracks 
 of said party of the first part, look up and down 
 the same in both directions for the purpose of as- 
 suring himself that no train -or engine of said party 
 of the first part is approaching said crossing. 
 Until this is done such car of said party of the 
 second part shall not move upon the lands or 
 rights of way of said party of the first part across 
 said tracks, and when such employee shall have 
 ascertained that no train or engine of said party 
 of the first part is approaching said crossing, he 
 may cause said car of said party of the second 
 part to be moved over said crossing. It is ex- 
 pressly understood and agreed that all trains, cars 
 and locomotives of said party of the first part shall 
 at all times have the right of way over the cars of 
 said party of the second part. 
 
 Sixth. Whenever said party of the first part 
 shall be required by the municipal authorities of 
 said town or village to build or maintain crossing 
 gates, or employ gate-tenders, or flagmen, by day 
 or by night, at said crossing, said party of the 
 second part shall and hereby agrees to pay one- 
 half of the wages of such gatemen or flagmen. 
 Not more than two persons shall be employed to 
 work at the same time at either of said crossings 
 (one day man and one night man). Such persons 
 shall be employed by said party of the first part, 
 but said party of the first part shall, upon the 
 
136 
 
 written request of said party of the second part, 
 discharge any person so employed. 
 
 Seventh. The party of the second part coven- 
 ants and agrees to assume the responsibility and 
 Liability liability for any and all injuries and damages to 
 
 persons and property which may arise or be in- 
 curred by the construction, operation and main- 
 tenance of its street railway tracks crossing the 
 tracks of said party of the second part as herein 
 provided, if such damage or injury shall result 
 from or by reason of any neglect, violation or 
 omission on the part of said party of the second 
 part, its agents or employees, to do or perform any 
 act herein agreed to be done by said party of the 
 second part, or from any default or negligence of 
 said party of the second part, its servants or 
 agents. In case any injury shall result from the 
 carelessness or neglect of both of the parties hereto 
 or their employees, any recoveries, claims and 
 judgments shall be borne equally and jointly by 
 said parties. 
 
 Eighth. It is agreed that in case said party of 
 the second part, its successors or assigns shall fail 
 Forieitiire or ncglcct to perform or keep any of the covenants 
 and agreements contained herein, including the 
 prompt payment of any money due to be paid 
 under this agreement, this agreement may be 
 terminated by said party of the first part by notice 
 in writing, and all rails and wires and other ob- 
 
137 
 
 structions may be removed from the right of ^ay 
 of the party of the first part. 
 
 Ninth. All of the agreements hereof shall be 
 binding upon the successors and assigns of the 
 respective parties. 
 
 In Witness Whereof, the parties have hereuto 
 caused this agreement to be duly executed in dup- 
 licate, the day and year above writted. 
 
 THE ELMIRA, CORTI.AND & NORTH- 
 ERN R. R. CO., 
 
 By G. W. S. Edgei,l, Pies. 
 
 THE CORTLAND &, HOMER TRACTION 
 COMPANY, 
 
 By P. S. Page, Vice-Pres. 
 
 Attest : HORACE E. HANDrSecretary. (Seai^) 
 
138 
 
 First Mortgage. 
 
 The Cortland and Homer Traction Com- 
 pany to The Farmers' Itoan and Trust Com- 
 pany. 
 
 This Indenture, made the second day of April, 
 in the year of our Lord one thousand eight hund- 
 red and ninety- four, between The Cortland and 
 Homer Traction Company, a corporation duly 
 organized under the laws of the State of New 
 Yorki party of the first part, and The Parmers' 
 Loan and Trust Company, a corporation duly 
 organized under the laws of New York, Trustee, 
 party of the second part. 
 
 Whereas, the said party of the first part is the 
 owner and in possession of certain lines of street 
 railway and their appurtenances in the village of 
 Cortland and the village of Homer, and the town 
 of Cortlandville, in the county of Cortland, and 
 State of New York, and of certain real property 
 there situate, and of certain valuable rights and 
 franchises, including rights and franchises to con- 
 struct, operate and maintain certain lines of street 
 railway ; and 
 
139 
 
 Whereas, it is necessary to provide moneys to 
 enable said party of the first part to construct, 
 extend, equip and operate its said lines of railway; 
 and 
 
 Whereas, in pursuance of the powers granted 
 by the several acts of the Legislature of New 
 York, the following resolution has been adopted 
 by the said company : 
 
 "Resolved, that for the purposes of extending 
 and equipping the road of this company, and re- 
 paring ai^d relaying such portions of the same as 
 may be needful, and for the purpose of paying off 
 the present indebtedness, and other purposes of 
 said company, the sum of three hundred thousand 
 dollars be borrowed ; that coupon bonds of the 
 company be issued for the same, bearing six per 
 cent interest, payable thirty years from April ist, 
 1894, and the same be secured by a mortgage 
 upon all the franchises and property of this com- 
 pany, whether now owned or hereafter to be ac- 
 quired." And 
 
 Whereas, the said company, in pursuance of said 
 resolution, has issued under its corporate seal three 
 hundred bonds, with interest coupons attached, 
 numbered from "one" to "three hundred" in- 
 clusive to the aggregate amount of three hundred 
 thousand dollars, bearing date the second of April, 
 A. D. 1894, by each of which bonds the party of 
 the first part promises to pay bearer pr registered 
 
Form of Bond 
 
 140 
 
 holder thereof on the first day of April, A. D. 1924, 
 in the city of New York, one thousand dollars, in 
 United States gold coin of the present standard 
 of weight and fineness, and to pay interest thereon 
 at the rate of six per cent, per annum, semi- 
 annually, on the first days of April and October 
 in each year until maturity, on the presentation 
 and delivery of the coupons attached thereto; and 
 
 Whereas, such bonds and coupons annexed 
 thereto, and the Trustee's certificate to be endorsed 
 thereon by the Trustee of this mortgage, are in 
 form or substantially the form following, that is to 
 say : 
 
 STATE OF NEW YORK. 
 
 THE CORTLA.ND & HOMER TRACTION COMPANY. 
 
 $1000. No. 
 
 FIRST MORTGAGE SIX PER CENT. GOLD BOND. 
 
 Due Aprii, ist, 1924. 
 
 Know all Men by These Present^, that The 
 Cortland and Homer Traction Company, for value 
 received, promises to pay The Farmers' Loan and 
 Trust Company, trustee, or bearer, at the office of 
 said trust company, in the city of New York, the 
 sum of one thousand dollars, in gold coin of the 
 United States of the present standard of weight 
 and fineness, on the first day of April, A. D. 1924, 
 and to pay interest on such principal sum semi- 
 
141 
 
 annually at the office of The Farmers' Loan and 
 Trust Company, in like gold coin, at the rate of 
 six per cent, per annum, from the first day of 
 April, 1894, on the first days of April and October 
 in each year, until the payment of such principal 
 sum (the first payment of interest to be made on 
 the first day of October, A. D. 1894), on the pre- 
 sentation and surrender of the annexed interest 
 coupons, or when this bond is registered and with- 
 out coupons, to the registered owner hereof on 
 demand. 
 
 This bond is one of a series of three hundred 
 bonds of the said traction company of like tenor 
 and date, amounting in the aggregate to three 
 hundred thousand dollars, tbe payment of the 
 principal and interest of which is secured by a 
 mortgage duly executed and delivered by said 
 tractiou company to Tne Farmers' Loan and Trust 
 Company as trustee, bearing date the second day 
 of April, A. D. 1894, upon the property of said 
 traction company, real and personal, situate in 
 the county of Cortland and the state of New York, 
 with the franchises of said company as therein 
 more fully described. 
 
 This bond shall pass by delivery, unless it has 
 been registered on the books of the company, but 
 after registration of ownership, duly certified 
 hereon, no transfer except upon the books of the 
 company shall be valid, unless the last registra- 
 
142 
 
 tion shail have been to bearer, and this bond shall 
 continue subject to successive registration, and to 
 transfer to bearer at the option of the holder. All 
 payments of principal and interest shall be made 
 free from United States or state taxes. In case 
 default is made in the payment of principal or 
 interest of said bond, the said trustee named in 
 said mortgage is authorized to foreclose the same 
 as is recited therein, according to law. This bond 
 shall not be valid until the certificate endorsed 
 hereon is signed by the trustee. 
 
 In Witness Whereof, the said The Cortland 
 and Homer Traction Company has caused this 
 bond to be signed by its president and treasurer, 
 and its corporate seal to be hereunto affixed, and 
 the engraved fac-simile of the signature of its 
 treasurer to be affixed to the said coupous. 
 
 Dated this second day of April, A. D. 1894. 
 
 , President. 
 
 Treasurer. 
 
 [Form of Coupon.] 
 $30- 
 
 The Cortland and Homer Traction Company 
 Coupon ^jij pj^y ^Q bearer at the office of the Farmers' Loan 
 
 & Trust Company, in the City of New York, thirty 
 dollars in gold coin, on the first daj' of 
 being the semi-annual interest due that day on 
 their bond No. 
 
 :, Treasurer. 
 
143 
 
 [Form of Trustee's Certificate.] 
 The Farmers' Loan and Trust Company, 
 Trustee, hereby certifies that the within bond is 
 one of those issued under and described in the 
 mortgage dated April 2tid, A. D. 1894, herein 
 referred to. 
 
 THE FARMERS' I.OAN AND TRUST 
 COMPANY, Trustee, 
 
 By Vice-President. 
 
 And Whereas, The said coupons are issued with 
 the engraved fac-simile of the signature of the 
 treasurer of the party of the first part, it being, 
 however, agreed by it that when .thus issued such 
 engraved signature shall be as binding as if the 
 signature of the treasurer were affixed to such 
 coupons by him in his own proper handwriting. 
 
 Now this Indenture Witnessetb, That The 
 Cortland and Homer Traction Company, as well 
 in consideration of the premises, and for the bet- 
 ter securing the payment of the said bonds, with 
 the interest which may accrue thereon, as the sum 
 of one dollar, lawful money of the United States 
 untp them well and truly paid by the said The 
 Farmers' Loan and Trust Company, at the time of 
 the execution hereof, the receipt whereof is hereby 
 acknowledged, have, granted, bargained, sold, 
 aliened and enfeoffed, released and confirmed, as- 
 signed, transferred and set over, and by these 
 
 Certificate 
 
 Recital 
 
144 
 
 presents, in pursuance of and in execution of the 
 power and authority in them vested by all or any 
 of the several Acts of the Legislature of New York, 
 and of all and every power and authority in them 
 in any wise invested' in this behalf enabling, do 
 graut, bargain, transfer, and set over unto the said 
 The Farmers' Loan and Trust Company, its suc- 
 cessors and assigns, all that certain piece or par- 
 cel of land situated in the town of Cortlandville, 
 county of Cortland, and State of New York, being 
 i,and P^'^t of lot uumbcr fifty-four of said town, described 
 
 as follows : Commencing in the center of the 
 road leading from Cortland to Homer, one hundred 
 feet north of the northeast corner of the Cort- 
 land County Agricultural Society's land; thence 
 north along the center of the said Cortland and 
 Homer road one hundred and eighty feet and 
 eight inches, to a point in the center of said high- 
 way; thence west along the center of a proposed 
 street, eight hundred and ninety-one feet; thence 
 south two hundred and sixty-five feet and four- 
 tenths of a foot to the north line of the Agricul- 
 tural Society's land; thence east along the line of 
 the Agricultural Society's land one hundred feet 
 to the southwest corner of the Hayes lot; thence 
 north along the west line of the Hayes lot ninety- 
 four feet and four-tenths of a foot to the southwest 
 corner of said Hayes lot; thence east along the 
 north line of the Hayes lot seven hundred and 
 forty-one feet to the center of the Cortlaiid and 
 
145 
 
 Homer road, being the place of beginning; con- 
 taining about three and one-half acres of land, 
 more or less; reserving a strip of land on the north 
 side twenty-five feet wide for the purpose of a pub- 
 lic street or highway. 
 
 The laud hereby conveyed being lots 7, 8, 9, 10, 
 II, 12, 13, 14, 15, 16 and 17, and part of lot num- 
 ber 6, of block number 7, as laid down on a map 
 of sub-divisions on great lot number fifty-four, of 
 the town of Cortlandville, made by F. E. Knight for 
 Josephine R. Holmes, November, 1883, on file in 
 Cortland County Clerk's office. 
 
 Together with all and singular the estate 
 and property, real, personal and mixed, and all 
 fixtures, rights, privileges, fran,chises, rights of 
 way, easements, rights under lease, terms and 
 parts of terms, agreements, covenants, and all con- 
 tracts of all and any kind held and owned or oc- 
 cupied by or belonging to or which shall or may 
 at any time hereafter be acquired, or held or owned 
 or occupied by, or belong to the said party of the 
 first part; including all and singular their lines of 
 street railway in the village of Cortland and the ^^""''y 
 village of Homer, and the village of McGrawville, 
 and the town of Cortlandville, in the county of 
 Cortland, State of New York, and all extensions 
 thereto, whether now owned or hereafter to be ac- 
 quired. 
 
146 
 
 Xo^ether with all and singular tlie lands, road- 
 ways, tracks, superstructure, rails, sidings, turn- 
 properiy outs, bridges, rights of way, depots, stables, car 
 houses, shops, buildings, improvements, lea,ses, 
 and leasehold interests, contracts, choses in action, 
 easements and privileges; and also all cars and 
 rolling stock, machinery, tools, implements, fur- 
 niture, rails, chairs, and spikes, motors, wires, 
 poles, dynamos, fixtures and other material what- 
 soever now owned or possessed by said party of 
 the first part or which at any time hereafter shall 
 be acquired, owned or possessed, for the uses and 
 purposes of operating, maintaining or repairing, 
 ■ of their said railway, whether horse, cable or 
 electric railways, or any part thereof; expressly 
 excepting and reserving, however, the right to 
 change or exchange, alter or renew all cars, and 
 rollingstock, ties, rails, poles, dynamos and fixtures 
 used in operating said road, when and as the 
 directors may see fit; the object of this clause be- 
 ing to enable the said directors to adopt any im- 
 provements or changes which may from time to 
 time be deemed for the best iuterests of the com- 
 pany. Provided, however, that any such changes 
 or alterations shall not thereby diminish the value 
 of the property of said company. And in case 
 any such change or alteration shall be made, all 
 new appliances and property shall be covered by 
 the lien of this mortgage, as if specially described 
 herein, 
 
Franchises 
 
 Habeudum 
 
 147 
 
 And also all the rights, privileges and corporate 
 franchises as the same are granted and held by 
 virtue of the several Acts of the Legislature of 
 New. York. Together with all and singular the 
 tenements, hereditaments and appurtenances, or 
 any .part thereof, and the reversions, rents, issues 
 and profits thereof, and all the estate, right, title, 
 and interest, property, claim and demand, whatso- 
 ever, as well in law as in equity, of the said party 
 of the first part, of, in and to the same, and every 
 part and parcel thereof. 
 
 To Have and to Hold all and singular the 
 franchises, rights, property, hereditaments and 
 premises, hereby granted or mentioned and in- 
 tended so to be, with the easements, incidents and 
 appurtenances unto the- said The Farmers' Loan 
 and Trust Company, its successors and assigns, 
 forever. In Trust nevertheless, for the use, bene- 
 fit and security of such person or persons, body or 
 bodies, politic or corporate, as shall become the 
 owners or lawful holders of said bonds, or any of 
 them, and without priority or preference to any 
 holder of au}' such bond or bonds. 
 
 Provided Always, nevertheless, that if the 
 said The Cortland and Homer Traction Company, 
 or its successors or assigns, do and shall well and '"toTaymtnt 
 truly pay or cause to be paid, unto the respective 
 holders of said bonds, their executors, administra- 
 tors, successors or sssigns, the interest on said-re- 
 
Default 
 
 148 
 
 spective bonds, as the same shall become due and 
 payable, and do and shall well and truly pay or 
 cause to be paid to the respective holders of said 
 bonds, the amounts of debt or principal sum se- 
 cured by such bonds respectively on the day and 
 year hereinbefore mentioned and appointed for the 
 payment of the same with interest as aforesaid, 
 without any fraud or further delay, and wi*^hout 
 defalcation, deduction or abatement to be made of 
 anything for or in respect of any taxes, charges or 
 assessments whatsoever, then and from thence- 
 forth as well this present indenture, and the es- 
 tate hereby granted, as the said recited bond shall 
 cease determine and become void, anything here- 
 inbefore contained to the contrary notwithstand- 
 ing. 
 
 Provided Also, nevertheless, and it is hereby 
 expressly understood and agreed by and between 
 the parties hereto, that if at any time hereafter 
 the interest on said respective bonds or any of 
 them shall remiiu unpaid for the space of six 
 months after the same shall become due and be 
 demanded, or if at the expiration of the period in 
 said bonds limited for the payment of the prin- 
 cipal hereof, default shall be made in the payment 
 of the sums thereby secured, then, and in either 
 such case, the whole principal sum aforesaid shall 
 become forthwith due, and payable and recover- 
 able ; and it shall be lawful for the trustee, and 
 upon the request of the holder or holders of said 
 
149 
 
 bonds, to the amount of at least ten thousand dol- 
 lars of principal, it shall be its duty to proceed to 
 foreclose this mortgage by proper proceedings in 
 any coyrt of competent jurisdiction, anything 
 herein contained to the contrary notwithstand- 
 ing. 
 
 And if the said party of the secona part in the 
 event of default as aforesaid, and continuance 
 thereof for six months be requested in writing as 
 aforesaid, to foreclose this mortgage, and sell the 
 mortgaged property; then it shall and my enter 
 upon and into all and singular the railways and 
 premises aforesaid, and after such entry or with- 
 out entry shall by itself or by its agents or attor- 
 neys thereto duly authorized, proceed to sell and 
 depose of the said railways and all and singular 
 the property, franchises and rights hereinbefore 
 conveyed and intended so to be, and which sball 
 then be subject to the lien of these presents, at 
 public auction in the manner prescribed by law. 
 
 The Above Provision, respecting default and 
 measures to be taken by the trustee, are cumula- 
 tive, and in addition to the ordinary rights of the 
 trustee to foreclose this mortgage by bill in equity 
 or any proceeding in any court of competent jur- 
 isdiction. 
 
 In the Mvent that any sale shall be held under 
 any of tbe provisions of this instrument by said 
 trustee, the trustee shall make, execute and de- 
 
 Right of Entry 
 
 Deed 
 
Payment 
 in Bonds 
 
 150 
 
 liver to the purctaser or purchasers at such sale 
 good and suf&cient deed or deeds, to convey the 
 property so sold, and any such sale shall be a per- 
 petual bar both in law and in equity against the 
 party of the first part hereto, its successors and 
 assigns, and all persons claiming by, through or 
 under them. 
 
 In Case of such sale, whether under the power 
 of sale herein contained, or under the decree of 
 the court, the purchaser or purchasers at such 
 sale shall be entitled, in making settlement for 
 the payment of the purchase money bidden at 
 such sale, to turn or use towards the payment of 
 the purchase money bonds held by such purchaser 
 or purchasers to or toward the payment whereof 
 the net proceeds of such sale shall be legally ap- 
 plicable, reckoning such bonds or the amounts as 
 turned in or xxsed of the same for such purposes 
 at such Isum as shall be payable out of the net 
 proceeds of such sale to such purchaser or pur- 
 chasers as holder or holders of such bonds for his 
 or their part, share or proportion of such net pro- 
 ceeds of sale upon due apportionment of or con- 
 cerning such net proceeds, due receipts and ac- 
 knowledgments being thereupon given by the 
 holders of such bonds for the amounts thus 
 realized thereon by reason of turning in or using 
 the same as aforesaid. 
 
151 
 
 In Case of any sale of the premises embraced 
 in this mortgage, under a decree of any court hav- 
 
 Trustee May 
 
 ing jurisdiction thereof, based on the foreclosure Purchase 
 of this mortgage, or in pursuance of advertise- 
 meut without such decree as aforesaid, the trustee 
 may in its discretion purchase, and it is hereby 
 fully authorized and empowered to purchase the 
 premises, property and franchises embraced herein, 
 for the use and benefit of the holders of the then 
 outstanding bonds secured by this mortgage ; and 
 on such purchase being made, the right and title 
 to such premises, property and franchises, shall 
 vest in the trustee, and no bondholder shall have 
 any claim thereto, or to the proceeds thereof, except 
 for his pro rata share of the proceeds of such pur- 
 chased premises, property and franchises as repre- 
 sented in a new company or corporation,- to be 
 formed for the use and benefit of the holders of the 
 bonds secured hereby and then outstanding; a.nd 
 the trustee may take such lawful measures as it 
 may deem for the interests of the bondholders to 
 organize or procure the organization of a new 
 company or corporation for the benefit of the hold- 
 ers of the bonds secured by this indenture, and then 
 outstanding. The said new company or corpor- 
 ation shall be organized upon such terms, con- 
 ditions and limitations and in such manner as the 
 holders of a majority of the then outstanding 
 bonds secured by this mortgage shall in writing 
 request or direct ; and the provisigns may, if such 
 
Distribution 
 
 J*ew Trustee 
 
 152 
 
 majority shall so elect, but not otherwise, be made 
 in the organization of such new company or cor- 
 poration for the interests of any or all the holders 
 of junior obligations of the party of the first part, 
 and for its stockholders and simple contract credit- 
 ors, or any of them ; and the trustee so purchas- 
 ing shall thereupon convey the premises, property 
 and franchises so purchased by it, to such new 
 company or corporation. 
 
 Moneys arising from any sale of said premises 
 by virtue of proceedings hereon shall be applied 
 in accordance with the terras of the decree, if such 
 sale be made by order of court in accordance with 
 the provisions of any decree of said court ; but if 
 such sale be made without decree; and under the 
 powers of sale herein contained, then as follows, 
 namely : 
 
 First, to the payment of the costs and expenses 
 of such sale, including all necessary disburse- 
 ments for attorneys' and counsel fees and other- 
 wise, and a proper compensation for the trustee 
 for its services as such. 
 
 Secondly, to the payment of the interest due on 
 the said bonds, and then to the principal of said 
 bonds pro rata until the whole sum of each of said 
 bonds is fully paid. 
 
 Should the party of the second part hereto 
 resign or be relieved from its trust under this in- 
 
153 
 
 strument, or for any reason become unable to exe- 
 cute the sane, a successor or successors in said 
 trust may, within ninety days from such resigna- 
 tion or disability, be chosen by a majority in 
 interest of the holders of the bonds then, outstand- 
 ing, at a meeting to be held either in the village 
 of Cortjand or in the city of New York, upon 
 notice advertised at least twice a week for three 
 week in at least one daily newspaper in said 
 village of Cortland and one in the city of New 
 York, and a record cf the choice of such meeting 
 recorded as this instrument is by law required to 
 be, shall be evidence of the succession in trust; 
 the party of the first part shall call such meet- 
 ing, if thereto requested by any bondholder; 
 should no successor in trust be chosen by the 
 bondholders, the party of the first part shall have 
 the right to appoint such successors, and when- 
 ever there shall be a change in the trustee, the 
 party of the first part shall make, execute and de- 
 liver to the successor in trust such deeds, convey- 
 ances and instruments as shall be necessary and 
 sufficient to vest in and confer upon such succes- 
 sor all the rights and powers conferred by this 
 instrument or intended so to be; 
 
 In Case at any time it shall be deemed advis- 
 able by the directors of said traction company to 
 sell any real estate covered by the lien of this ''*"* 
 mortgage, they may do so for such price as shall 
 in the judginent of the trustee be the fair market 
 
 Release of 
 
154 
 
 value thereof, and the assent of said trustee to such 
 sale shall be evidenced by its joining in the deed 
 therefor, and the money received therefor shall be 
 reitained by said trustee for the purchase of other 
 land as directed by said Board of Directors, in the 
 name and for the use of said traction company, 
 which shall then be covered by the lien hpreof, or 
 if such purchase is not desired by said directors, 
 then the amount received therefor shall be retain- 
 ed by said trustee to be applied to the payment of 
 said bonds when due. 
 
 The word " Xrastee" when used in this in- 
 strument shall be construed to mean the party 
 authorized and empowered for the time being to 
 act as such. 
 
 The Trustee shall certify and deliver to the 
 party of the first part, or upon its order, the bonds 
 of the issue hereby authorized. 
 
 The Party of the second part, as trustee, or 
 ^TntLe otherwise, shall be under no obligations to recog- 
 nize any person or persons, firm or corporation, as 
 holder or holders, owner or owners of one or more 
 bonds secured thereby, or to do or refrain from 
 doing any act pursuant to the request or demand 
 of any person or persons, firm or corporation, pro- 
 fessing or claiming to be such holder or holders, 
 until such supposed holder or holders shall pro- 
 duce the said bond and deposit the same with the 
 
155 
 
 trustee, and shall indemnify and save harmless 
 the trustee to its full satisfaction from any and all 
 costs and expenses, outlays and counsel fees, and 
 other reasonable disbursements for which it may 
 become liable or responsible on proceedings to 
 carry out such requeist or demand. 
 
 Xbe Right of action under this indenture is 
 vested exclusively in the trustee, and under no RightofActio 
 circumstances shall any bondholder or any num- 
 ber of bondholders have any right to institute an 
 action or other proceedings on or under this 
 instrument for the purpose of enforcing any 
 remedy herein and hereby provided, or of foreclos- 
 ing this mortgage, except incaseof refusal on the 
 part of the trustee to perform any duty imposed on it 
 by this agreement; and all actions and proceedings 
 for the purpose of enforcing the provisions of this 
 indenture shall be instituted and conducted by the 
 trustee according to its sound discretion; but the 
 trustee shall be under no obligations to institute 
 any such suit or take any proceedings under this in- 
 strument until it shall be indemnified to its satis- 
 faction for all expenses and costs of every kind, 
 and for all possible claims for damages, should any 
 suit or other proceedings be brought against the 
 trustee by reason of any matter or thing- con- 
 nected with the trust hereby created, or by reason 
 of its being such trustee, shall be under no obliga- 
 tion to enter any appearance by counsel or in any 
 
Investigation 
 
 156 
 
 way to appear in and defend the said suit or other 
 proceeding until indemnified to its satisfaction for 
 so doing, but it ma}'^, nevertheless, appear and de- 
 fend the same without indemnity if it shall elect 
 so to do, and in such' case it shall be compensated 
 therefor from the trust fund. 
 
 In Case, at any time, it shall be necessary and 
 proper for the trustee to make any investigation 
 respecting any facts purporting to taking or not 
 taking of any action, or doing or not doing any- 
 thing as such trustee, the certificate of the party 
 of the first part under its corporate seal, attested 
 by the signature of its President and affidavit of 
 one or more directors, shall be conclusive evidence 
 of such fact to protect the trustee in any action 
 that it may take by reason of the supposed exis- 
 tence of such fact. It shall be no part of the duty 
 of the party of the second part to record this inden- 
 ture as a mortgage, or conveyance of real estate, 
 or to file the same as a chattel mortgage, or renew 
 such mortgage or procure any further, other or 
 additional instrument, or further assurance, or to 
 do any other act which may be suita.ble and proper 
 to be done for the continuance of the lien of this 
 indenture or for giving notice of the existence of 
 such lien sought to be effected by this indenture, 
 uor shall it be any part of its duty to affect insur- 
 ance against fire or other damage on any portion 
 of the mortgaged property, or renew any policies 
 of insurance, or to keep itself informed or advised 
 
157 
 
 as to the payment of any taxes or assessments 
 that may be imposed upon the property, real and 
 personal sought to be effected by this mortgage, or 
 to require the payment of such taxes or assess- 
 ments, but the p3.rty of the second part may, in its 
 discretion, do any or all of the matters and things 
 in this paragraph set forth, or require the same to 
 be done. The trustee shall only be responsible for 
 reasonable diligence in the performance of the 
 trust, and shall not be answerable in any case for 
 the act or default of any agent, attorney, or em- 
 ploye selected with reasonable discretion. 
 
 The Trustee shall be entitled to be reimbursed 
 for all proper outlays of every sort or nature by it 
 incurred in the discharge of its trust, and receive compensation 
 a reasonable and proper compensation for any ser- 
 vices that it may at any time perform in the dis- 
 charge of the same, and all such fees, commissions, 
 compensations and disbursements shall constitute 
 a lien on the mortgaged property and premises. 
 The party of the second part is not to be under- 
 stood as making any representations as to the 
 character, extent or value of the property, real or 
 personal, sought to be effected by this mortgage, 
 nor as to the title thereto, neither the party of the 
 second part nor its agents or ofl&cers purporting to 
 have any knowledge in respect to any such mat- 
 ters, and the description of said property as here- 
 inbefore set forth, and any and all statements in 
 respect to all the matters aforesaid having been 
 
158 
 
 furnished by the party of the first part or some 
 person or persons purporting to act on behalf of 
 the party df the first part. All recitals, statements 
 of fact and representations herein contained are 
 made on behalf of the party of the first part, and 
 the party of the second part assumes no respon- 
 sibility as to the correctness of |any recital, state- 
 ment or representation herein contained. 
 
 Further Deeds 
 
 Xhe Said party of the first part covenants and 
 agrees to execute and deliver to the trustee from 
 time to time all such deeds, conveyances and in- 
 struments as shall in the judgment of said trustee 
 be necessary or sufficient to include within the 
 terms of this indenture any and all property which . 
 may be acquired by said party of the first part 
 subsequent to the execution and delivery hereof. 
 
 Acceptance 
 
 Xbe Party of the second^ part hereby accepts 
 the aforesaid conveyance and agrees to and with 
 the party of the first part to execute the same upon 
 the terms and conditions hereinbefore mentioned 
 and provided, which said terms and conditions 
 are agreed upon by the several parties hereto. 
 
 In Witness Whereof, the parties hereto have 
 caused their respective corporate seals to be here- 
 unto affixed and. attested by their respective sec- 
 retaries, and these presents to be signed by their 
 respective presidents. 
 
159 
 Dated the day and year first above written. 
 
 THE CORTLAND AND HOMER TRAC- 
 TION COMPANY, 
 
 By C. D. Simpson, President. 
 
 Attest : Horace E. Hand, Secretary. (Seal) 
 
 THE FARMERS' LOAN AND TRUST 
 COMPANY, 
 
 By R. G. RoLSTON, President. 
 
 Attest : E. S. Marston, Secretary. (Seal.) 
 
 State of Pennsylvania, V 
 County of Lackawanna, ) 
 
 On this 2 1 St day of May, A. D. 1894, before me 
 personally appeared C. D. Simpson, with whom I 
 am personally acquainted, and who, being by me '"™' 
 duly sworn, did depose and say, that he resided at 
 Scranton, Pennsylvania, that he is President of 
 The Cortland and Homer Traction Company, the 
 corporation described in and which executed the 
 foregoing instrument; that he is acquainted with 
 the corporate seal of said corporation, and that the 
 seal affixed to said instrument is such seat, and 
 was so affixed by the authority of said corpor- 
 ation, and that he subscribed his name thereto as 
 President by a like authority ; that Horace E. 
 Hand is Secretary of said corporation ; that he is 
 acquainted with the handwriting of said Horace 
 E. Hand, and that the signature subscribed to 
 said instrument, is the signature of said Horace 
 
160 
 
 E. Hand, and was tlierto subscribed by like 
 authority. 
 
 (Signed.) ROSCOR DAI,E, 
 
 (Seal.) Notary Public. 
 
 State of Pennsylvania, ) 
 County of Lackawanna, J 
 
 I, Clarence E. Pryor, Prothonotary of the Court 
 of Common Pleas, in and for said county, do hereby 
 Certificate Certify that Roscoe Dale, whose name is signed to 
 the foregoing certificate of acknowledgment, was 
 at the time of taking such acknowledgment a 
 Notary Public in and for said county, duly com- 
 missioned and sworn, and residing in said county 
 and was at the time oftaking such acknowledgment 
 duly authorized to take the same, and authorized 
 by the laws of said state to take the proof and ac- 
 knowledgment of deeds, and administer oaths gen- 
 erally, and other instruments, and that I am well 
 acquainted with the handwriting of said Roscoe 
 Dale, and verily believe that the above signature 
 to said certificate of acknowledgment is genuine. 
 
 In testimony whereof, I have herunto subscribed 
 
 my name and aflExed my oflEcial seal, at Scranton, 
 
 in said county, this 21st day of May, A. D. 1894. 
 
 (Signed.) C. E. PRYOR 
 
 (SviAl,.) Prothonotary. 
 
City and County of New York '' ^ 
 
 161 
 
 State of New York, 
 
 York, 
 
 On this 23d day of May, A. D. 1894, before me 
 personally appeared Roswell G. Rolston,with whom 
 I am personally acquainted, and who being by me 
 duly sworn, did depose and say, that he resides at 
 Babylon, Suffolk county, N. Y., that he is Presi- 
 dent of The Farmers' Loan and Trust Company, 
 the corporation described in and which executed 
 the foregoing instrument ; that he is acquainted 
 with the corporate seal of said corporation, and 
 that the seal affixed to said instrument is such 
 seal, and was so affixed by authority of said cor- 
 poration, and that he subscribed his name thereto 
 as President, by like authority ; that he knows 
 Edwin, S. Marston is Secretary of said corpora- 
 tion ; that he is acquainted with the handwriting of 
 said Edwin S. Marston, and that the signature 
 subscribed to said instrument is the signature of 
 said secretary, and was thereto subscribed by like 
 authority of said corporation. 
 
 (Signed.) C. A. SEARLS. 
 
 Notary Public, 
 (Seai,.) N w York Count}-. 
 
 Acknowledg- 
 ment 
 
 :}''■-■ 
 
 State of New York, 
 City and County of New York, 
 
 I, Henry D. Purroy,' Clerk of the City and 
 County of New York, and also Clerk of the Su- 
 
 ■^ _' Certificate 
 
 preme Court for the city and county, the same be- 
 
Conseut 
 
 162 
 
 ing a court of record, do hereby certify that C. A. 
 Searls, whose name is subscribed to the certificate 
 of the proof of acknowledgment of the annexed 
 instrument, and thereon written, was, at the time 
 of taking such proof or acknowledgment, a Notary 
 Public in and for said city and county of New 
 York, dwelling in said city, commissioned and 
 sworn, and duly authorized to take the same. And 
 further, that I am well acquainted with the hand- 
 writing of such notary, and verily believe that the 
 signature to the said certificate of proof or acknowl- 
 edgment is genuine. 
 
 In testimony whereof, I have hereunto set my 
 hand, and afiixed the seal of the said court and 
 county, the 24th day of May, 1894. 
 
 (Signed.) HENRY D. PURROY, 
 (Seal.) Clerk. 
 
 State of New York, . 
 County of Cortland, J 
 
 We, the undersigned stockholders of The Cort- 
 land and Homer Traction Company, owning more 
 than two-thirds of all the stock of the corporation, 
 hereby consent that the foregoing mortgage, dated 
 April 2nd, 1894, and executed by The Cortland 
 and Homer Traction Company, party of the first 
 part and The Farmers' Loan and Trust Company, 
 trustee, party of the second part issued. 
 
163 
 
 Witness our hands and seals the iQth day of 
 May, A. D. 1894. 
 
 C. D. SIMPSON, (Seal) 748 Shares. 
 P. S. PAGE, (Seal) 747 Shares. 
 
 HORACE E HAND, (Seal) 747 Shares. 
 In the presence of 
 
 H. E. HAND. 
 
 State of Pennsylvania, ^^ . 
 
 County ©f Lackawanna, 
 
 On this 19th day of May, 1894, before me per- 
 sonally came Horace E. Hand, the subscribing 
 witness to the above instrument, with whom I am 
 personally acquainted and he, being by me duly 
 sworn, says he resides at Scranton, Pennsylvania, 
 and that he is personally acquainted with C. D. 
 Simpson, P. S. Page and Horace E. Hand, and 
 knows them severally to be the persons de- 
 scribed in and who executed the said instrument, 
 that he saw them severally execute and deliver the 
 same, and that they severally acknowledged to 
 him, the said Horace E. Hand, that they executed 
 and delivered the same as their free act and deed; 
 that he, the said Horace E- Hand, thereupon sub- 
 scribed his name thereto, that he is secretar}'' of 
 the Cortland and Homer Traction Company, and 
 is familiar with the stock books of said company 
 and knows that at the time of the execution and 
 delivery of said instrument, the said C. D. Simp- 
 son, P. S. Page and Horace E. Hand were and are 
 
164 
 
 the owners of more than two-thirds of the capital 
 stock of said company. 
 
 Witness my hand and seal of office the day and 
 year above written. 
 
 (Signed) W. H. JESSUP, JR. 
 
 Recorded in County Clerk's office, in liber 35 of 
 mortgages, page 320, etc. 
 
165 
 
 Supplemental Mortgage. 
 
 This Indenture, made this 12th day of Novem- 
 ber, A. D. 1895, by and between The Cortland 
 and Homer Traction Company, a corporation 
 organized under the laws of the state of New York, 
 party of the first part, and The Farmers' Loan 
 and Trust Company, a corporation duly organ- 
 ized under the laws of the state of New York, 
 Trustee, party of the second part ; 
 
 Whereas, said party of the first part has here- 
 tofore executed and delivered to the party of the Recital 
 second part a certain deed of trust or mortgage 
 upon its franchises and property in the vil- 
 lage of Cortland and the village of Homer 
 and the town of Cortlandville, and the village 
 of McGrawville, in county of Cortland, and 
 the state of New York, which mortgage is dated 
 the second day of April in the year of our Lord, 
 1894, and was acknowledged and delivered by said 
 trustee, on the 23d day of May, A. D. 1894, and is 
 recorded in the clerk's office, of Cortland county, 
 in liber 35 of mortgages, on page 320, etc.; and / / 
 
Land 
 
 166 
 
 Whereas, by the provisions of said mortgage it 
 was intended that any property, real or personal, 
 which might be acquired aft^r the execution of 
 said mortgage should be bound by the lien hereof; 
 and 
 
 Whereas, the said The Cortland and Homer 
 Traction Company have acquired certain real es- 
 tate since the execution of said mortgage, now 
 this indenture witnesseth, that The Cortland 
 and Homer Traction. Company, in consideration of 
 the promises, and the sum of one dollar, lawful 
 money of the United States, unto it well and truly 
 paid by The Farmers' Loan and Trust Company 
 at the time of the execution hereof, the receipt 
 whereof is hereby acknowledged, have granted, bar- 
 gained, sold, aliened and enfeoffed, released and con- 
 firmed, assigned, transferred and set over, and by 
 these presents doth grant, bargain, sell, alien, en- 
 feoff, release and confirm, assign, transfer and set 
 over unto The Farmers' Loan and Trust Company, 
 its successors and assigns, the following described 
 pieces or parcels of land, to wit : 
 
 The first thereof being all that tract or par- 
 cel of land situate in the village of Cortland, 
 county of Cortland, and state of New York, 
 bounded and described as follows, viz.: Village 
 lots No. 45, 46, 47, 48, 49, 50, 74, 75, 76, 77, 78, 
 and 79 as shown on map of lands known as 
 "Waverly Place," v/hich map was made by J. D. F. 
 
167 
 
 Wbolston, September i2, 1889, and the same is 
 filed ill the ofiEce of the clerk of Cortland county 
 and to which reference is hereby made. Also all 
 that tract or parcel of land situate east of and ad- Land 
 joining lots No. 74, 75, 76, 77, 78 and 79 (as 
 shown on said map) and marked on said map as 
 Thomas street, but west of the Syracuse, Bingham- 
 ton and New York Railroad tracks and west of 
 Tioughnioga river. Also all land lying east of 
 Thomas street and extending into the Tioughnioga 
 river, but west of the said railroad tracks; it being 
 intended to convey all the land and interest there- 
 in of parties of the first part lying east or easterly 
 of said lots Nos. 74,. 75, 76, 77, 78 and 79, except- 
 ing and reserving to parties of the first part a 
 three- cornered piece of land lying between the 
 railroad and river and each of said railroad tracks 
 as shown on said map. Also for street purposes 
 and for the purpose of building, constructing and 
 maintaining railroad tracks and all necessary 
 tracks, switches, turntables, poles, wiring and all 
 and any appurtenances thereto for the proper con- 
 struction, equipment, maintaining and operating 
 an electric railroad and electric light through and 
 upon the following named streets and lands shown 
 on the map of " Waverly Place " made by J. D. F. 
 Woolston and filed in the Cortland County Clerk's 
 ofiice, viz. : Morris avenue, Lewis street and 
 Thomas street as shown on said map and also the 
 land necessary and privilege, to build a coal trestle 
 
I^aud 
 
 168 
 
 and raised tracks on fourteen feet of the entire 
 east side of Thomas street and so much land and 
 so much of said street as may be necessary to 
 rea:ch and connect the lands herein described and 
 connect the lands, power house and buildings of 
 said railroad company, with the lands and tracks 
 of the Syracuse, Biughamton and New York Rail- 
 road Company and said Cortland and Homer Rail- 
 road Company shall have fourteen feet in width oif 
 from the entire east side of said Thomas street for 
 such purposes as aforeskid. 
 
 Being the same premises conveyed to the said 
 Cortland and Homer Traction Company, by The 
 Cortland and Homer Railroad Company, by deed 
 dated the 6th day of December, A. D. 1894, and 
 recorded in the clerk's office, of Cortland county, 
 in Book 91, of Deeds, page 546, and on which is 
 now erected the power station of said Cortland and 
 Homer Traction Company. 
 
 The second thereof being all that tract or par- 
 cel of land, situate in the village of Cortland, 
 county of Cortland, and the state of New York, 
 bounded and described as follows: viz., commencing 
 at a point in the center of Miller street, one hun- 
 dred and ten feet (no), north of the south line of 
 lot 64, on Map of Waverly Place, as surveyed by 
 J. D. F. Woolston, September 12th, 1889. Thence 
 southerly on the west line of village lots 62 and 63 
 twenty feet to an iron pin; thence easterly on a 
 
169 
 
 line to be drawn parallel to the north line of lands 
 of Patrick DempSey to the center of Lewis street,, 
 twenty feet; thence westerly on a line parallel to 
 said Dempsey's north line to the place of begin- 
 ning, containing more or less of land. Parties of 
 first part also grant to party of the second part, 
 the use and occupation of any part of Miller street 
 so as to connect and join the highway, and rail- 
 road to be laid and built from Homer avenue to 
 Miller street. This transfer is made for highway 
 and railroad purposes only, and is to be used, not 
 only by second party, but by any and all other 
 persons who desire to travel upon the same. 
 Party of second part agrees to build and maintain 
 a fence on the north side of said road between Mil- 
 ler ana Lewis streets, being the same premises 
 conveyed to said Cortland and Homer Traction 
 Company by Mary S. Alexander, et al., by deed 
 dated January 25, 1895, and recorded in the clerk's Recital 
 office of Cortland county in book 94 of deeds, at 
 page 187. 
 
 The third thereof being all that tract' or parcel of 
 land situate in the village of Cortland, county of 
 Cortland and state of New York, bounded and de- 
 scribed as follows, viz.: Commencing at an iron 
 pin at the northwest corner of lands of B. H. 
 Wheeler and fronting on Homer avenue; running 
 thence southerly ten feet on the west line of the 
 lot; thence running easterly on a line parrallel 
 
 i<aiid 
 
170 - 
 
 with the north line of lands of Patrick Dempsey 
 to the center of Miller street; thence northerly in 
 the center of Miller street ten feet; thence westerly 
 on the line between lands formerly owned by 
 C. D. Killey and lands of B. H. Wheeler to the 
 place of beginning, containing more or less of land. 
 This conveyance is made for highway and railroad 
 purposes only, with a right to parties of second 
 part to travel upon and over said land, their agents, 
 servants, and any and all persons for street and 
 highway purposes. Party of the second part has 
 the right to construct and lay street surface rail- 
 road tracks thereon, and to run cars thereon and to 
 erect poles and wiring and any and all a.cts what- 
 soever necessary to properly construct said road, 
 poles and wiring and any and all appurtenances 
 thereunto appertaining. 
 
 Party of the second part has the privilege to the 
 use of said lands for said purposes forever, except 
 if first party elects to deed and convey to second 
 party another strip of land ten feet in width and 
 running from Homer avenue to the center of Mil- 
 ler street on said lot, he may do so on giving sixty 
 days notice thereof, and after said deed is executed 
 and delivered, transferring said second strip of 
 land to second party it shall cease using the first 
 described land and thereafter use the second strip 
 of land from Homer avenue to Miller street, and 
 in such event all the right, title, and interest of 
 
second party iu and to the first described strip of 
 land shall cease and be extinguished. 
 
 In case the location of the road is changed, as 
 above provided the title to the land surrendered 
 and hereby transferred is to revert back to the 
 grantor and his assigns, and the party of the 
 second part will in such event, on demand, deed 
 back said lands to the grantors or their grantees. 
 
 Being the same premises conveyed to said 
 Cortland and Homer Traction Company, by B. H. RecUai 
 Wheeler and wife, by, deed dated 17th of January, 
 1895, ^^^ recorded in the clerk's office, of Cortland 
 county, in book 94, of deeds, page 186. 
 
 Xbe fourth thereof being a part of Great Lot 
 Sixty-six, in the town of Cortlandville, N. Y., 
 bounded and described as follows : Beginning at 
 a point situated eleven chains and seventy links 
 (11.70), and bearing north 21^ degrees east from 
 a stone monument, surrounded by bricks, standing 
 in the center of the highway, running northerly 
 and southerly past the former residence of Nathan 
 P. Salisbury, and nearly in front of the same. 
 Thence following the center of the highway bear- 
 ing north ,27^ degrees east for a distance of 
 twenty-two chains and twenty-four links (22.24); 
 thence bearing north 33^ degrees, east for a dis- 
 tance of four chains and thirty-two links (4.32). 
 Thence leaving the highway and bearing north 
 84^ degrees, west for a distance of eleven chains 
 
m 
 
 and thirty-eiglit links (11.38), to the center of the 
 Tiougnioga river, thence following the center of 
 the river bearing south 37 degrees, vpest for a dis- 
 tance of three chains and forty-nine links (349); 
 thence bearing north 74 5^ degrees, west for a dis- 
 tance of one chain and eighty-five links (1.85); 
 thence bearing south 31^^ degrees, west for a dis- 
 tance of eight chains and forty-four links (8.44); 
 thence bearing south 11 degrees, east for a dis- 
 tance of six chains and twenty-six links (6.26); 
 thence bearing south 26^ degrees, west for a dis- 
 tance of six chains and twenty links (6.20)- From 
 thence leaving the river and bearing south 68^ 
 degrees for a distance of eight chains and ninety- 
 eight links (8.98), to a place of beginning, con- 
 taining twenty-seven and two-tenth acres (27.2), 
 be the same more or less, surveyed by I. D. F. 
 Woolston, August 17, 1895. 
 
 Being the same premises conveyed to The Cort- 
 
 '^^"'"^ land and Homer Traction Company, by C. D. 
 
 Simpson and wife, by deed dated 31st of August, 
 
 A. D. 1895, and intended to be duly recorded in the 
 
 clerk's office, in Cortland county. 
 
 i^and The fifth thereof being situated in the town of 
 
 Cortlahdville in the County and State aforesaid, 
 described as follows : 
 
 Commencing at the center of the Tioughnioga 
 river at the eastern extremity of Elm street, being 
 
173 
 
 on the eastern boundary of the village of Cortland, 
 and running from thence through lands situated 
 upon the eastern bank of said river owned by C. 
 D. Simpson. The said right of way having a uni- 
 form width of one rod, and bearing as follows : 
 Bearing south 85 degrees east for 117 feet; thence 
 curving to the right at a radius of 157.6 feet 
 for 244^^ feet; thence bearing south 5 degrees 19' 
 west for 2)7 /^ feti; thence curving to the left at a 
 radius of 1146 feet for 120 feet; thence bearing 
 south 45' east for 822 feet; thence curving to the 
 left at a radius of 88.15 feet for zjo}^ feet; 
 thence bearing north 5° 13' east for 213.4 feet; 
 thence curving to the left at a radius of 637 feet 
 for 190 feet; thence bearing north 11" 52' west for 
 384.3 feet; thence curving to the right at a 
 radius of 955.4 feet for 194.8 feet; then 
 bearing north 18' west for 191. 2 feet^ thence 
 curving to the right at a radius of 559.4 
 feet for 347 feet; thence bearing north 19° 37' east 
 for I48.-3 feet; thence curving to the right at a 
 radius of 1146 feet for 95 feet; thence bearing north 
 24° 13' east for 236 feet; thence bearing (about) 
 north 20° east for 1089 feet to the south boundary 
 of Cortland Park. Also a strip of one rod in width 
 commencing at a point upon 30^^ feet from the 
 northwest beginning of the beforementioned curve 
 of 88.15 feet radius; and bearing south 28° 45' 
 east for 220 feet to the south boundary of said 
 lands at the McGrawville highway. The whole 
 
Recital 
 
 l74 
 
 having a length of 6490 feet and containing 2.456 
 acres, 2 A. I rod, 33 perches. 
 
 Being the same premises conveyed to said Cort- 
 land and Homer Traction Company by deed dated 
 the 22nd day of October, A. D. 1895, intended to 
 be duly recorded in the Clerk's office in the county 
 of Cortland. 
 
 Together with all and singular the heredita" 
 ments and premises hereby granted or mentioned 
 and intended so to be; with the easements, steam 
 and water plants and appurtenances; to have and to 
 hold the same to the said Farmers' Loan & Trust 
 Company, its successors and assigns forever in 
 trust, nevertheless, upon the same terms and condi- 
 tions, and uses as are contained in the said mortgage 
 or deed of trust, dated the 2nd day of April, A. D. 
 1895, recorded in the clerk's office of Cortland 
 county, in liber 35, page 320, hereinbefore recited, 
 for the purpose of securing the principal and 
 interest of the same bonds as are mentioned in 
 said mortgage, with the right upon foreclosure of 
 said mortgage or deed of trust, in any suit at law 
 or in equity or sale thereunder to include the 
 premises herein described for the payment of said 
 bonds and their interest so as aforesaid secured, 
 subject to the same equity of redemption in favor 
 of said Cortland and Homer Traction Company as 
 is contained in said recited mortgage. 
 
175 
 
 In Witness Whereof, the parties hereto have 
 caused their respective corporate seals to be here- 
 unto affixed and attested by their respective sec- 
 retaries, and these presents to be signed by their 
 respective presidents, dated the day and year first 
 above written. 
 
 THE CORTLAND & HOMER TRACTION 
 COMPANY, 
 
 By C. D. Simpson, President. 
 
 Attest : HORACE E. HAND, Secretary. 
 
 (CoRPORATK Seal.) 
 
 THE FARMERS' LOAN AND TRUST 
 COMPANY, 
 
 By W. D. Searls, Vice-Pres. 
 
 Attest : E. S. MarsTon, Secretary. 
 
 (Corporate Seal,.) 
 
 State of Pennsylvania, 
 County of Lackawanna, j 
 
 On this I2th day of November, A. D. 1895, be- 
 fore me personally appeared G. D. Simpson, with 
 whom I am personally acquainted, and who being 
 by me duly sworn, did depose and say, that he re- 
 sided at Scraiiton, Pennsylvania, that he is presi- 
 dent of The Cortland and Homer Traction Com- 
 pany, the corporation described in and who exe- 
 cuted the foregoing instrument, that he is ac- 
 quainted with the corporate seal of said corpor- 
 
 Acknowledg- 
 ment 
 
176 
 
 ation, that the seal aiExed to said instrument is 
 such seal, and was so aflS.xed by the authority of 
 said corporation, that he subscribed his name 
 thereto as president by like authority; that Horace 
 E. Hand is secretary of said corporation; that he 
 is acquainted with the handwriting of said Horace 
 E. Hand, and that the signature subscribed to said 
 instrument is the signature of said Horace E. 
 Hand, and was thereto subscribed by like 
 authority. 
 
 C. D. SIMPSON. 
 
 Sworn and subscribed before me this 12th day of 
 November, 1895. 
 
 W. H. JESSUP, Jr. 
 (Seal.) Notary Public. 
 
 State of New York, 
 City and County of New York, J ^^' 
 
 On this 15th day of November, A. D. 1895, be- 
 fore me personally appeared W. D. Searls, with 
 whom I am personally acquainted, and who being 
 ^menT^ ^" by hie duly sworn, did depose and say, that he 
 resides at New York city, N. Y., that he is vice- 
 president of the Farmers' Loan and Trust Com- 
 pany, the corporation described in -and which 
 executed the foregoing instrument; that he is 
 acquainted with the corporate seal of said corpora- 
 tion, and that the seal aflSxed to said instrument is 
 such seal, and was so affixed by authority of said 
 
177 
 
 corporation, and that he subscribed his name 
 thereto as vice-president, by like authority; that 
 he knows Edwin S. Marston is secretary of said 
 corporation; that he is acquainted with the hand- 
 writing of said Edwin S. Marston, and that the 
 signature subscribed to said instrument is the 
 signature of said secretary, and was thereto sub- 
 scribed by like authority of said corporation. 
 
 G. W. CARDOZA, 
 (Seal) Notary Public, No. 141, 
 
 New York Count3'. 
 
 Becorded in County Clerk's office, in liber 37, of 
 mortgages p. 90, &c. 
 
178 
 
 Right of Way. 
 
 This Indenture, made this nth day of July, 
 in the year of our Lord, one thousand, eight hun- 
 dred and ninety-five, between R. D. Brown and 
 Laura J5. Brown, his wife, of the town of Cort- 
 landville, county of Cortland, and +he state of 
 New York, parties of the first part, and Xbe 
 Cortland and Homer Traction Company, a 
 domestic corporation, v/ith its principal ofiEce and 
 place of business at Cortland, N. Y., party of the 
 second part ; 
 
 Witnesseth, that the parties of the first part, 
 in consideration of the sum of $500.00, to them 
 in hand paid, the receipt whereof is hereby ac- 
 '^Right"^ knowledged and confessed, and in further consider- 
 ation of the prospective and enhanced value of their 
 premises and of the public improvement which will 
 result from the construction aud operation of an 
 electric railroad over and upon the land herein- 
 after described, have sold and by these presents do 
 grant and convey to the said The Cortland and 
 Homer Traction Company, party of the second 
 part, a perpetual easement and property in and a 
 
179 
 
 perpetual and exclusive right to the use and en- 
 joyment of the land hereinafter described, and a 
 perpetual right upon, over, in and to said lands 
 and premise?, and the right to build, construct, 
 lay and equip on said lands a street surface rail- 
 road, with all tracks, turnouts, switches, poles, wir- 
 ing and other lappurtenances thereto appertain- 
 ing or necessary to construct and operate the said 
 railroad by the electric power 6r otherwise, and 
 also the exclusive right forever to operate said 
 railway and to cai-ry passengers, freight, express 
 and mail matter, and all other property and traffic 
 thereon, and the parties of the first part do, in con- 
 sideration of the premises, hereby grant and con- 
 vey to the said party of the second part, the lands 
 and premises hereinafter described, to be used and 
 enjoyed exclusively by said party of the second 
 part for railroad purposes. The premises and 
 lands hereinafter referred to are bounded and 
 described as follows : 
 
 All that tract or parcel of land situate in the 
 town of Cortlandville, Cortland county, and state 
 of New York, on the farm of R. D. Brown, lying 
 between Cortland and McGrawville and bounded 
 as follows : A strip of land forty feet wide, twelve 
 feet being south, and twenty-eight feet being 
 north of the center line of the said street railway, 
 which runs as follows : Beginning at stake No. 
 47 + 29 ; thence bearing south 85 degrees and 30 
 
 Description 
 
Restriction 
 
 180 
 
 minutes, east magnetic for 1029 f^^' ^'~> stake No. 
 57 + 58 ; on the west line of land owned by Frank 
 Welch containing .94 acres, more or less, and be- 
 ing the same lands and premises, a portion of 
 which is now being graded by said railway com- 
 pany for railroad purposes ; together with all and 
 singular the hereditaments and appurtenances 
 thereunto belonging, or in any wise appertaining, 
 and reversion or reversions, remainder or remain- 
 ders, rents, issues and profits thereof, and all the 
 estate, right, title, interest, claim and demand 
 whatsoever of the said party of the first part, 
 either in law or equity of, in or to the above bar- 
 gained premises, with the said hereditaments and 
 appurtenances, to have and to hold the said 
 described lauds and premises to the party of the 
 second part, its successors find assigns to the sole 
 and only proper benefit and behoof of the said 
 party of the second part, its successors and as- 
 signs forever; but this grant is made for railroad 
 purposes only. 
 
 In witness whereof, the parties of the first part 
 have hereunto set their hands and seals the days 
 and years first above written. This grant shall' 
 not interfere with any street or highway which 
 may hereafter be laid over said land, but said 
 street or highway shall not interfere with the use 
 and occupation thereof, of said raih'oad company. 
 
181 
 
 Sealed and delivered in the presence of" 
 
 REUBEN D. BROWN, (I.. S.) 
 LAURA E. BROWN, (L. S.) 
 
 State of New York, . 
 Cortland County, 
 
 On this 17th day of July, in the year of our 
 Lord, one thousand eight hundred and ninety-five, 
 before me, the subscriber personally appeared R. 
 D. Brown and Laura E. Brown, his wife, to me Acknowiedg- 
 known and personally known to be the same per- 
 sons described in and who executed the foregoing ' 
 instrument, and they severally acknowledged to 
 me that they executed the same. 
 
 E. A. FISH, 
 Notary Public. 
 
 Recorded in county clerk's ofi&ce, in book 94 of 
 deeds, page 218. 
 
182 
 
 Right of Way 
 
 Eight of Way. 
 
 This indenture, made this 25th day of June, 
 in the year of our Lefrd, one thousand, eight 
 hundred and ninety-five, between Lyman A. Wat- 
 rous and Esther C. Watrous, his wife, of the town of 
 Cortlandville, county of Cortland and state of New 
 York, of the first part, and The Cortland and 
 Homer Traction Company, a domestic corporation, 
 with its principal office and place of business at 
 Cortland, N. Y., party of the second part; 
 
 Witnessetb, That the parties of the first part, 
 in consideration of the sum of three hundred and 
 seventy-five dollars to them in hand paid, the re- 
 ceipt whereof is hereby acknowledge and con- 
 fessed, and in further consideration of the pro- 
 spective and enhanced value of their premises, and 
 of the public improvement which will result from 
 the construction and operation of an electric rail- 
 road over and iipon the land hereinafter described, 
 have sold, and by these presents do grant and con- 
 vey to the said The Cortland and Homer Traction 
 Compnay, party of the second part, a perpetual 
 
IBS 
 
 easement and property in, and a perpetual and 
 exclusive right to the use and enjoyment of the 
 land hereinafter described, and a perpetual right 
 upon, over in and to said lands and premises, and 
 the right to build, construct, lay and equip on said 
 lands a street surface railroad, with all tracks, 
 turn-outs, switches, poles, wiring and other appur- 
 tenances thereto appertaining or necessary to con- 
 struct and operate the said railroad by electric 
 power, or otherwise, and also the exclusive right • 
 forever to operate said railway, and to carry 
 passengers, freight, express and mail matter and all 
 other property and trafic thereon. And the parties 
 of the first part do, in consideration of the prem- 
 ises, hereby grant and convey to the said party of 
 the second part, the lands and premises hereinafter 
 described, to be used and enjoyed exclusively by 
 said party of the second part for railroad purposes. 
 The premises and lands herein conveyed and 
 referred to are bounded and described as follows : 
 
 It being a parcel of land situated in the town of 
 Cortlandville in the county of Cortland and state 
 of New York, bounded as follows : On the north 
 by the south line of the McGrawville road ; °^^"'p''°° 
 on the east by the west line of the Polkville 
 road ; on the south by land of Lyman Wat- 
 rous, and on the west by laud supposed to 
 • be owned by Nancy J. Stevens, Elizabeth Cowan, 
 Hannah H. Greeuman, Ksther A. Story and Alex- 
 
184 
 
 ander Story, being what is familiarly known as 
 the Stevens farm, and now occupied by one George 
 Stevens, and Nancy J. Stevens, his wife; the said 
 strip of land being twenty feet in width north 
 and south, and 458 feet in length east and west, 
 containing .21 of an acre of land be, the same 
 more or less. 
 
 Also all that other tract or parcel of land situ- 
 ated in said town, county and state, bounded and 
 described as follows : Commencing at a point sit- 
 uated upon the south line of the road leading from 
 Cortland and McGrawville, and being fifty feet 
 easterly of the intersection of the said south line 
 of said McGrawville road, with the eastern line of 
 the Polkville road, thence running easterly upon- 
 the said south line of the McGrawville road for a 
 distance of no feet, thence bearing south 44 de- 
 grees and five minutes east magnetic for 950 feet 
 to the north line of the new highway around Green- 
 wood Hill ; thence running westerly upon said 
 north line of the new highway for a distance of 
 fifty feet; thence bearing north 44 degree and five 
 minutes, west magnetic for 960 feet to the place of 
 beginning, the whole containing .54 of an acre, 
 more or less. And being the same lauds and 
 premises portrayed and described on the map 
 made by R. E. Dunston, civil engineer, in June, 
 1895, and filed in Cortland county clerk's ofl&ce, 
 together with all and singular the hereditaments 
 
185- 
 
 and appurtenances thereto belonging or in any 
 wise appertaining, and reversion and reversions, 
 remainder and remainders, rents, issues and 
 profits thereof, and all the estates, right, title, in- 
 terest, claim and demand whatsoever of the said 
 party of the first part, either in law or equity, of, 
 in, or to the above bargained premises, with the said 
 hereditaments and appurtenances, to have and to 
 hold the said described lands and premises to the 
 party of the second part, its heirs, and assigns, to 
 the sole and only proper benefit and behoof of the 
 said party of the second part, its heirs and assigns 
 forever, but this grant is made for railroad pur- 
 poses only. 
 
 LYMAN A. WATROUS, (L. S.) 
 
 ESTHUR C. WATROUS, (L. S.) 
 
 State of New York, | 
 County of Cortland, Vss.: 
 Town of Cortland ville, j 
 
 On this 19th day of July, in the year of our 
 Lord, A. D. one thousand eight hundred and 
 ninety-five, before me the subscriber, personally ^^^'"^^'^'^s 
 appeared Lyman A. Watrous and Esther C. Wat- 
 rous, his wife, to me personally known to be the 
 same persons described in and who executed the 
 
186 
 
 foregoing instrument, and they have severally ac- 
 knowledged to me that they executed the same. 
 
 E. A. FISH, 
 Notary Public. 
 
 Recorded in county clerk's office, in deed book 
 94, page 222. 
 
187 
 
 Right of Way. 
 
 This Indenture, made this i5tli day of July, 
 in tHe year of our "Lord, one thousand eight hun- 
 dred and ninety-five, between Amanda Welch, 
 Carrie Welch and Frank Welch, and Amanda 
 T. Welch, his wife, of the town of Cort- 
 landville, county .of Cortland, and +he state of 
 New York, parties of the first part, and Xhe 
 Cortland and Homer Traction Company, a 
 domestic corporation, with its principal office and 
 place of business at Cortland, N. Y., party of the 
 second part ; 
 
 Witnesseth, that the parties of the first part, 
 in consideration of the sum of $i.oo, to them 
 in hand paid, the receipt whereof is hereby ac- 
 knowledged and confessed, and in further consider- 
 ation of the prospective and enhanced value of their 
 premises and of the public improvement which will 
 result from the construction and operation of an 
 electric railroad over and iipon the' land herein- 
 after described, have sold and by these presents do 
 grant and convey to the said The Cortland and 
 Homer Traction Company, party of the second 
 
 Right of Way 
 
188 
 
 part, a perpetual easement and property in and a 
 perpetual and exclusive right to the use and en- 
 joyment of the land hereinafter described, and a 
 perpetual right upon, over, in and to said lands 
 and premises, and the right to build, construct, 
 lay and equip on said lands a street surface rail- 
 road, writh all tracks, turnouts, switches, poles, wir- 
 ing and other :appurtenances thereto appertain- 
 ing or necessary to construct and operate the said 
 railroad by electric power or otherwise, and 
 also the exclusive right forever to operate said 
 railway and to carry passengers, freight, express 
 and mail matter, and all other property and traflBc 
 thereon, and the parties of the first part do, in con- 
 sideration of the premises, hereby grant and con- 
 vey to the said party of the second part, the lands 
 and premises hereinafter described, to be iised "and 
 enjoyed exclusively by said party of the second 
 part for railroad purposes. The premises and 
 lands hereinafter referred to are bounded and 
 described as follows: 
 
 The strip of land situated in the town of Cort- 
 landville, Cortland county, and state of New 
 Description York, and being 40 feet in width, 12 feet be- 
 ing south of and 28 feet being north of the cen" 
 ter line of said railway as proposed and staked out 
 by K. P. Crandall, bearing south 85 degrees and 
 30 minutes, east for a distance of 1,395 feet; 
 bounded on the east by the land of Bean, and 
 
189 
 
 bounded on the west by the land of Brown, on the 
 north by said Welch's and on the south by said 
 Welch's, containing 1.28 acres, more or less, and 
 being the same lands and premises, a portion of 
 which is now being graded by said railway com- 
 pany for railroad purposes; together with all and 
 singular the hereditaments and appurtenances 
 thereunto belonging, or in any wise appertaining, 
 and reversion or reversions, remainder or remaind- 
 ers, rents, issues and profits thereof, and all the 
 estate, right, title,, interest, claim and demand 
 whatsoever of the said party of the first part, eith- 
 er in law or equity of, in or to the above bargained 
 premises, with the said hereditaments and appur- 
 tenances, to have and to hold the said described 
 lands and premises to the party of the second 
 part, its successors and assigns, to the sole and 
 only proper benefit and behoof of the said party of 
 the second part, its successors and assigns forever; 
 but this grant is made for railroad purposes only. 
 
 The said Traction Company shall bring in all 
 necessary filling to grade with and shall not use conditions 
 the soil therein, ploughing it up and hauling it 
 on for the purposes of making this grade and will 
 not excavate any of the adjoining soil or ground 
 for filling purposes whatever. The said company 
 also agrees to build cattle guards in a proper and 
 substantial manner and maintain the same at all 
 times between the lands of Bean and Welch and 
 
 Cattle Guards 
 
190 
 
 tetween the lands of Brown and Welch and also 
 between the lane of said Welch and the meadow 
 land of said Welch. The same to be built in a 
 substantial and proper manner so as to be abund- 
 antly safe in keeping horses, cattle, sheep and all 
 other animals from entering into said meadow 
 land or into or from said land at all times. The 
 said Traction Company also agrees to construct 
 and maintain in a substantial manner two cross- . 
 overs as follows: 
 
 One over the lane upon the lands of said Welch, 
 where the Traction Company's road passes 
 through said lane and one over the meadow lands 
 of said Welch at s^ch a point as shall be indi- 
 cated by the said Frank C. Welch. 
 
 It is further expressly agreed on the part of the 
 parties hereto that whenever this road shall cease 
 to be used for an electric road, then and all times 
 thereafter the title to the lands herein convej'^ed 
 shall revert to the grantors herein or to their heirs, 
 executors, administrators or assigns, or their legal 
 representatives. The said Traction Company, 
 however, reserves the right to operate this road 
 with any other motive power which they may de- 
 sire to, except steam. 
 
 It is further expressly agreed that the Traction 
 Company may use all the gravel necessary, free 
 of charge, from the Trout Creek at such places as 
 
191 
 
 said Frank C. Welch shall designate on these 
 
 premises. 
 
 AMANDA WEI.CH, (L. S.) 
 
 CARRIE WELCH, (L. S.) 
 
 FRANK WELCH, (L. S.) 
 
 ANNNA T. WELCH. (L- S.) 
 
 State of New York, 
 County of Cortland, 
 
 On this 17th day of July, in the year of our 
 Lord, one thousand, eisfht hundred and ninety- 
 
 ' . Acknowledg- 
 
 five, before me, the subscriber, personally appeared ™"' 
 Amanda Welch, Carrie Welch, Frank Welch and 
 Anna T. Welch, his wife, to me known and per- 
 sonally known to be the same persons described 
 in and who executed the foregoing instrument, 
 and they severally acknowledged to me that they 
 
 executed the same. 
 
 E. A. FISH, 
 Notary Public. 
 
 Recorded in county clerk's ofi&ce, in book 94 of 
 
 -, T Record 
 
 deeds, page 219. 
 
192 
 
 Right of Way 
 
 Eight of Way. 
 
 This indenture, made this nth day of July, 
 in the year of our Lord, one thousand eight 
 hundred and ninety-five, between A. A. Welling- 
 ton and Margaret Wellington, his wife, of the 
 town of Cortlandville, county of Cortland and 
 state of New York, parties of the first part, and 
 The Cortland and Homer Traction Company, a 
 domestic corporation, with its principal office and 
 place of business at Cortland, N. Y., party of the 
 second part; 
 
 Witnessetb, That the parties of the first part, 
 in consideration of the sum of four hundred and 
 fifty dollars to them in hand paid, the re- 
 ceipt whereof is herebj;^ acknowledged and con- 
 fessed, and in further consideration of the pros- 
 pective and enhanced value of their premises, and 
 of the public improvement which will result from 
 the construction and operation of an electric rail- 
 road over and upon the land hereinafter described, 
 have sold, and by these presents do grant and con- 
 vey to the said The Cortland and Homer Traction 
 Company, party of the second part, a perpetual 
 
193 
 
 easement and property in, and a perpetual and 
 exclusive right to the use and enjoyment of the 
 land hereinafter described, and a perpetual right 
 upon, over, in and to said lands and premises', and 
 the right to build, construct, lay and equip on said 
 lands a street surface railroad, with all tracks, 
 turn-outs, switches, poles, wiring and other appur- 
 tenances thereto appertaining or necessary to con- 
 struct and operate the said railroad by electric 
 power, or otherwise, and also the exclusive right 
 forever to operate said railway, and to carry 
 passengers, freight, express and mail matter and all 
 ' other property and traffic thereon. And the parties 
 of the first part do, in consideration of the prem- 
 ises, hereby grant and convey to the said party of 
 the second part, the lauds and premises hereinafter 
 described, to be used and enjoyed exclusively by 
 said party of the second part for railroad purposes. 
 The premises and lands hereinafter referred to 
 are bounded and described as follows : 
 
 All that tract or parcel of land situate in the 
 town of Cortlandville, Cortland county and state 
 ofNew York, on the .farm of A. A. Wellington, 
 lying between Cortland and McGrawville and 
 bounded as follows : 
 
 " A strip of land forty feet wide, twelve feet be- 
 ing south and twenty-eight feet being north of 
 the center line of the street railway which runs as 
 follows: Beginning at stake No, 137, thence curv- 
 
 Description 
 
194 
 
 ing to the right at a radius of 573 feet for 88 feet; 
 thence bearing south 85 degrees, 30 minutes east 
 magnetic for 562 feet to stake No. 43 + 50; on the 
 west line of land formerly owned by Zenas Bow- 
 dish, containing .60 acres of land, more or less. 
 
 Also a strip of land forty feet wide, twelve feet 
 being south and twenty-eight feet being north of 
 the center line of the street railway which runs as 
 follows: 
 
 Beginning at stake No. 43 + 50; thence bearing 
 south 85 degrees and 30 minutes, east magnetic 
 for 379 feet to stake No. 47 + 29 on the west line 
 of land owned by R. D. Brown, containing .35 of ^n 
 acre, more or less, and being the same lands and 
 premises, a portion of which is now being graded 
 by said railway company for railroad purposes; 
 together with all and singular the hereditaments 
 and appurtenances thereunto belonging or in any 
 wise appertaining, and reversion or reversions, re- 
 mainder or remainders, rents, issues and profits 
 thereof, and all the estate, right, title, interest, 
 claim and demand whatsoever of the said party of 
 the first part, either in law or equity of, in or to 
 the above bargained premises, with the said hered- 
 itaments and appurtenances, to have and to hold 
 the said described lands and premises to the party 
 of the second part, its successors and assigns, to 
 the sole and only proper benefit and behoof of the 
 said party of the second part, its successors aud 
 
195 
 
 assigns forever; but this grant is made for rail- 
 road purposes only. Party of second part to make 
 and maintain two crossings across said railroad 
 on said lands in such places as directed by first 
 party. 
 
 In witness whereof, the parties of the first part 
 have hereunto set their hands and seals the day 
 and year first above written. 
 
 Sealed and delivered in the presence of 
 
 AlyVIN A. WELLINGTON, (L. S.) 
 
 Her 
 MARGARET (x) WELLINGTON. (L. S ) 
 Mark. 
 
 Witness, E. A. FISH. 
 
 Crossings 
 
 State of New York, ) ^^ . 
 Cortland County, [ 
 
 On this i6th day of July, in the year of our 
 Lord, one thousand eight hundred and ninety-five, 
 before me, the subscriber personally appeared A. menT^ ^ 
 A. Wellington and Margaret Wellington, his wife, 
 to me known and personally known to be the 
 same persons described in and who executed the 
 foregoing instruments, and they severally ac- 
 knowledged to me that they executed the same. 
 
 E. A. FISH, 
 Notary Public. 
 
 Recorded in county clerk's office, in book 94 of Record 
 deeds, page 221. 
 
196 
 
 RiRht ofWay 
 
 Right of Way. 
 
 This Indenture, made this aytli day of May, 
 in the year of our Lord one thousand , eight hun- 
 dred and ninety-five, between Albert P. McGraw 
 and Mmeline C. McGraw, his wife, and Wil- 
 liam It. Bean and Mary X. Bean, his wife, of 
 the town of Cortlandville, county of Cortland, and 
 state of New York, of the first part, and The 
 Cortland and Homer Traction Co., of Cort- 
 land, Cortland county, and state of New York, 
 of the second part, 
 
 Witnesseth, that the parties of the first part, 
 in consideration of the sum of onf; dollar to them 
 in .hand paid, the receipt whereof is hereby ac- 
 knowledged, and the further consideration of the 
 prospective enhanced value of their premises, and 
 of the public improvement resulting from the con- 
 struction and operation of an electric railroad over 
 and upon the land hereinafter described, have sold 
 and by these presents do grant and convey to the 
 party of the second part a perpetual right over, 
 upon and in said land to build, construct and lay 
 a street surface railroad thereon, with all tracks. 
 
IS? 
 
 turnouts, switches, poles, wiring and appurten- 
 ances necessary to construct and operate said rail- 
 road by electricity or otherwise, a,nd also to operate 
 said railway and tq carry passengers, freight and 
 express, mail and all other traffic thereon, but noth: 
 ing to be done prevent said premises also being 
 used as a public street or highway. 
 
 All that tract or parcel of land, situate in the 
 village of McGrawville, county of Cortland, and 
 state of New York, being a part of lot No. 79, 
 in the town of Cortlandville, and bounded and ^'^"^^" 
 described as -follows: Commencing at a point 
 in the center of Bennett street in said village, 
 and running thence westerly in a line con- 
 tinuous with the north line of Elm street in 
 said village, about seventy-five rods to the west 
 line of said lot No. 79; thence south on said lot 
 line sixty feet; thence easterly in aline continuous 
 with the south line of said Blm street about sev- 
 enty-five-rods to a point in the center line of said 
 Bennett street, thence northerly along the cen- 
 ter line of said~ Bennett street sixty feet tb the 
 point of beginning. Also a small piece of 
 land, being about four rods, situated just north 
 of, and adjoining the northwest corner of the 
 lands above described, and north of the cen- 
 ter of Trout Creek, which here crosses these 
 lands. The whole constituting a proposed exten- 
 sion of said Blm street to the west boundary 
 of said village. With the appurtenances, and 
 
l98 
 
 all the estate, title and interest of the said parties 
 of the first part in and to the above described per- 
 petual easement. Provided that this grant is made 
 for highway and railway purposes only; and pro- 
 vided that said Traction Company shall have and 
 hold in and upon the above described premises 
 only such rights and privileges as said village of 
 McGrawville has heretofore granted to said com- 
 pany upon and in said Elm street, and such other 
 rights and privileges as said village may hereafter 
 grant said company in and upon said premises. 
 
 In witness whereof, the parties of the first 
 part, have hereunto set their hands and seals the 
 day and year first above written. 
 
 ALBERT P. McGRAW, (L. S.) 
 
 EMEUNE C. McGRAW, (L. S.) 
 
 WIIvI^IAM L. BEAN, (L. S.) 
 
 MARY L. BEAN, (L. S.) 
 
 Acknowledg- 
 ment 
 
 State of New York, 
 
 County of Cortland, 
 
 Town of Cortlandville, 
 
 ■ss. 
 
 On this 27th day of May, in the year eighteen 
 hundred and ninety-five, before me, the subscriber, 
 personally appeared Albert P. McGraw, Emeline 
 C. McGraw, William L. Bean and Mary I,. Bean, 
 to me personally known to be the same persons 
 described in and who executed the foregoing in- 
 
199 
 
 strument, and they each acknowledged to me that 
 they executed the same. 
 
 JOHN H. KELLEY, 
 
 Notary Public. 
 
 Recorded in county clerk's oflBce, in book 94 of Record 
 deeds, p. 388. 
 
200 
 
 Right of-Way 
 
 Description 
 
 Right of Way. 
 
 Know all men by these . presents, that 
 Nancy J. Stevens, Mlizabeth Cowan, and 
 Hannah H. Greenman, of the town of Gortland- 
 ville, Cortland Coitnty, N. Y., and Alexander 
 Storie and Esther A. Storie, of the town of 
 Bovina, Delaware County, N. Y., as parties of 
 the first part, 
 
 Do hereby, for value received and in considera- 
 tion of the sum of one dollar to them in hand paid 
 by the party of the second part, the receipt where- 
 of is hereby acknowledged, grant, bargain, sell 
 and convey to the Cortland and Homer Trac- 
 tion Company, of Cortland, N. Y., as party of 
 the second part, the right of way over the wes- 
 terly and southwesterly one-half part of the high- 
 way running through the farm now owned and 
 occupied by the parties of the first part, and upon 
 which the said Nancy J. Stevens and Elizabeth 
 Cowan now reside in said town of Cortlandville, 
 being the same strip of land upon which the rail- 
 road track of the party of the second part in said 
 highway is now located, and including whatever 
 
201 
 
 land in said westerly or soutliwestei^ly one-half 
 part of said highway as may be necessary for the 
 use of the party of the second part in grading, 
 building, maintaining and operating its railroad 
 upon and over the same, with all the appurtenances 
 and appliances necessary or required for that pur- 
 pose, and subject to the easement or right which 
 the public have in said lands as a public highway. 
 
 This conveyance is made upon the express con- 
 dition that the same shall be void if said railroad Condition 
 should at any time hereafter be operated by steam 
 as a motive power. 
 
 And also upon the condition that the party of 
 the second part shall always hereafter maintain 
 good and suitable farm crossings wherever it may 
 be required for farm purposes, and at all places crossing 
 where access to the farm buildings from the high- 
 way across said railroad may be necessary or re- 
 quired. 
 
 And upon the further condition, if the par- 
 ties of the first part so elect, that the said party of 
 the second part shall maintain along the entire 
 front of the barn of the parties of the first part, so crossing 
 long as the same shall exist, a solid plank crossing 
 between the rails, and for a space of not less than 
 eight inches on the outside of the rails; said plank 
 to be laid on the surface of the street at grade, and 
 the party of the second part- shall not interfere 
 
stop Cars 
 
 '',02 
 
 with the surface drainage of the land over which 
 its road is constructed, in said highway to the 
 detriment of the adjacent lands of the parties of 
 the first part. 
 
 And this conveyance is made upon the fur- 
 ther condition that the party of the second part in 
 operating said railroad, shall always stop its cars 
 in front of the dwelling house now upon said 
 premises whenever necessary or required for the 
 purpose of taking on or discharging passengers or 
 freight for the occupants of said dwelling house, 
 or of any other house which may be built along 
 said highway upon said farm, and if more than 
 one dwelling house shall be built or situated' 
 thereon, the party of the second part shall cause 
 its cars to stop at such other points upon said 
 highway through said farm as may be convenient 
 and necessary for the purpose of receiving and 
 discharging passengers or freight for the occu- 
 pants of said houses. 
 
 Xhe conditions herein expressed shall be 
 binding upon the party of the second part, its suc- 
 cessors and assigns, and all persons or corpora- 
 tions who may succeed to any of its rights, privi- 
 leges and franchises, so far as they relate to the 
 maintenance and operation of its said railroad in 
 the highway through said farm, and in case of a 
 failure to perform or observe any of the conditions 
 
203 
 
 herein, stated this conveyance shall cease and be 
 void. 
 
 And the parties of the first part shall have a 
 right to lay and maintain water pipes, sewer pipes 
 or drains across said highway, and beneath the 
 track of said road at all points where it may be condition 
 necessary or convenient to maintain the same in 
 connection with their said property, but the same 
 shall be laid in such a manner as not to interfere 
 with the operation of said railroad. 
 
 This conveyance is also made upon the fur- 
 ther condition that the premises hereby conveyed - ,, 
 shall not be used for any other than railroad pur- Restriction 
 poses,, or uses and purposes connected therewith, 
 or incidental thereto, and that upon a breach of 
 this condition, this conveyance shall cease and be 
 void, and the said premises revert to the parties of 
 the first part, their heirs and assigns. 
 
 And the said parties of the first part, Nancy J. 
 Stevens and Elizabeth Cowan, do hereby for them- 
 selves, their heirs, executors, administrators and 
 assigns, agree to warrant and defend the party of warranty 
 the second part against any claim of title which 
 may be lawfully made by any other party, to the 
 fee of the premises hereby conveyed, subject to 
 the maintenance of said premises as a public high- 
 way. 
 
^04 
 
 In witness whereof we have hereunto set our 
 hands and seals this ist day of August, A. D., 
 1895. 
 
 NANCY J. STEVENS, (L. S.) 
 
 EUZABETH T. COWAN, (L. S.) 
 HANNAH H. GREENMAN,(Iv. S ) 
 ESTHER A. STORIE, (I.. S.) 
 
 ATvEX. STORIE, (I.. S.) 
 
 Esther Storie and Alex, Storie appeared before 
 me and acknowledged this to be their signature. 
 
 FRANCIS GRAHAM, 
 Justice of the Peace. 
 
 State of New York, , 
 
 ss.: 
 
 
 County of Cortland, 
 
 On this 3d day of August, 1895, before me per- 
 sonally appeared Nancy J. Stevens, Elizabeth 
 Cowan, and Hannah Greenman, to me known to 
 be the persons described in and who executed the 
 foregoing instrument, and acknowledged that they 
 executed the same. 
 
 T. E. COURTNEY, 
 
 Notary Public. 
 
 ss. 
 
 State of New York, 
 County of Delaware, 
 
 On this 1 2th day of August, 1895, before me 
 personally appeared Esther A. Storie and Alexan- 
 der Storie, to me known to be the persons described 
 
^05 
 
 ill and who executed the foregoing instrument, 
 and acknowledged that they executed the same. 
 
 FRANCIS GRAHAM, 
 Justice of the Peace. 
 
 Recorded in county clerk's office, in book 94 
 af deeds, p. 358. 
 
206 
 
 Kight of Way. 
 
 Tills Indenture, made this 2 2d day of Oc- 
 tober, A. D. 1895, between Clarence D. Simp- 
 son, and Catherine P. Simpson, his wife, of 
 Scranton, in the county of Lackawanna, and State 
 of Pennsylvania, parties of the first part, and Tie 
 Cortland and Homer Traction Company, 
 a corporation of the state of New York, party of 
 the second part, 
 
 Witnessetb, that the said parties of the first 
 part, in consideration of the sum of four hundred 
 and ninety-one and .20 ($491.20) dollars, to them 
 in hand paid, have sold and by these presents do 
 grant and convey to the said party of the second 
 part, its successors and assigns, all that tract or 
 Right of Way parcel of land situate in the town of Cortlandville, 
 in the county of Cortland, and state of New York, 
 to be used as a right of way for the location and 
 and operation of a railroad by electricity, or 
 any other power, described as follows, to wit : 
 
 Description 
 
 Commencing at the center of the Tioughnioga 
 river at the eastern extremity of Elm street; being 
 
207 
 
 on the eastern boundary of the village of Cort- 
 land, and running from thence through lauds sit- 
 uated upon the eastern bank of said river owned 
 by C. D. Simpson. The said right of way having 
 a yuniform width of one rod, .and bearing as fol- 
 lows : Bearing south eighty-five (85) degrees, 
 east 117 feet ; thence curving to the right at a rad- 
 ius of 157.6 feet, for 244^^ feet; thence bearing 
 south five degrees, nineteen minutes, west for 
 3075^ feet ; thence curving to the left 'at a radius 
 of 1 146 feet for 120 feet; thence bearing south 
 forty-five minutes, east for 822 feet; thence curv- 
 ing to the left at a radius of 88.15 ^^^t, for 
 .270^ feet ; thence bearing north five degress, 
 thirteen minutes east for 213.4 feet; thence curv- 
 ing to the left at a radius of 637 feet for 190 feet ; 
 thence bearing north eleven degrees, fifty-two 
 minutes, west for 384.3 feet; thence curving to 
 the right at a radius of 955.4 feet for 194.8; thence 
 bearing north eighteen minutes, west for 191. 2 
 feet ; thence curving to the right at a radius of 
 955 4 feet, for 347 feet; thence bearing north nine- 
 teen degrees, thirty-seven minutes east for 1448.3 
 feet ; thence curving to the right at a radius of 
 1 146 feet, for 95 feet ; thence bearing north twenty- 
 four degrees, thirteen minutes east for 236 feet ; 
 thence bearing (about) north twenty degrees, east 
 for 1089 feet to the south boundry of Cortland 
 Park. Also a strip of one rod in width, commenc- 
 ing at a point upon and 30^ feet from the north- 
 
208 
 
 west beginning of the before mentioned curve of 
 88.15 feet radius, and bearing south twenty-eight 
 degrees, forty-five minutes east for 210 feet to the 
 south boundary of said lands at the McGrawvill'e 
 highway. The whole having a length of 6490 feet, 
 and containing 2.456 acres=2 acres, i rod and 
 33 perches. 
 
 With the appurtenances, and all the estate, 
 title and interest therein of the said parties of the 
 first part. And the said parties of the first part 
 do hereby covenant and agree to and with the said 
 party of the second part, its successors and as- 
 signs, that the premises thus conveyed in the 
 quiet and peaceable possession of the said party of 
 the second part, its successors and assigns, they 
 will (for the purpose aforesaid) forever warrant 
 and defend against any person whomsoever law- 
 fully claiming the same, or any part thereof. 
 
 In witness whereof, the parties of the second 
 part have hereunto set their hands and seals the 
 day and year first above written. 
 
 CI.ARENCE D. SIMPSON, (Sbal ) 
 CATHERINE P. SIMPSON, (Seal ) 
 
 State of Pennsylvania, ) 
 County of Lackawanna, Vss.: 
 City of Scran ton, J 
 
 Acknowiedg- Ou this 22d day of October, A. D. 1895, before 
 me, the subscriber, personally came Clarence t). 
 
209 
 
 Simpson and Catherine P. Simpson, his wife, to 
 me known to be the same persons described in and 
 who executed the within instrument, and severally 
 acknowledged that they executed the same. 
 
 (Seal ) HORACE E. HAND, 
 
 Notary Public. 
 
 Recorded in county clerk's office, in book 94 of 
 deeds, page 418. 
 
210 
 
 Deed — Car House Lot. 
 
 This Indenture, made this fifteeiitli day o^ 
 May in the year of our Lord one thousand eight 
 hundred and eighty five between Theodore 
 Stevenson and Z^aura I. Stevenson, his wife, of 
 the village of Cortland, N. Y., of the first part, 
 and The Cortland and Homer Horse Railroad 
 Company, of Cortland, N. Y., of the second part. 
 
 Witnesseth, That the said parties of the first 
 part, in consideration of the sum of three thou- 
 sand, dollars (3,000), to them in hand paid by the 
 said parties of the second part, the receipt where- 
 of is hereby confessed and acknowledged, have 
 bargained, sold, remised and quit-claimed, .and by 
 these presents do bargain, sell, remise and quit- 
 claim unto the said parties of the second part, 
 their successors and assigns forever, all that tract 
 or parcel of land, situate in the town of Cortland- 
 ville, County of Cortland, and State of New York, 
 being part of lot number fifty-four of said town, 
 described as follows: Commencing in the center 
 of the road leading from Cortland to Homer, one 
 hundred feet north of the northeast corner of the 
 
211 
 
 Cortland County Agricultural Society's land, 
 thence north along. the center of the said Cortland 
 and , Homer road, one hundred and eighty feet 
 and eight inches to a point in the center of the 
 said highway, thence west along the center of a 
 proposed street, eight hundred and ninety- one 
 feet, thence south two hundred and sixty-five feet 
 and four-tenths of a foot to the north line of the 
 Agricultural Society's land, thence east along the 
 line of the Agricultural Society's land, one hun- 
 dred feet to the southwest corner of the Hayes lot, 
 thence north along the west line of the Hayes 
 lot, 94 feet and 4-10 of a foot to the southwest cor- 
 ner of said Hayes lot, thence east along the north 
 line of the Hayes lot, seven hundred and forty- 
 one feet to the center of the Cortland and Homer 
 road, being the place of beginning. Containing 
 about three and one-half acres of land, more or 
 less, reserving a strip of land on the north side, 
 twenty-five feet wide, for the purpose of a public 
 street or highway. 
 
 The land hereby conveyed being lots 7, 8, 9, 10, 
 II, 12, 13, 14, 15, 16 and 17, and part of lot No. 6, 
 block No. 7, as laid down on a map of sub-divis- 
 ions on great lot No. 54, of the town of Cortland- 
 ville, made by F. E. Knight for Josephine R. 
 Holmes, November, 1883, on file in Cortland 
 county clerk's office, 
 
Habendum 
 
 Warranty 
 
 212 
 
 Together with all and singular the heredita- 
 ments and appurtenances thereto belonging, or in 
 anywise appertaining, and the reversion and re- 
 versions, remainder and remainders, rents, issues 
 and profits thereof, and all the estate, right, title, 
 interest, claim and demand whatsoever, of the said 
 parties of the first part, either in law or equity, of, 
 in and to the above bargained premises, with the 
 said hereditaments and appurtenances, to have 
 and to hold the said lands and appurtenances to 
 the said parties of the second part, their succes- 
 sors and assigns, to the sole and only proper 
 benefit and behoof of the said parties of the second 
 part, their successors and assigns forever. 
 
 And_ the said parties of the first part, for their 
 heirs, executors and administrators, do covenant, 
 promise and agree, to and with the parties of the se- 
 cond part, their successors and assigns, that they 
 have not made, done, committed, executed, or suf- 
 fered any act or acts, thing or things whatsoever, 
 whereby, or by means whereof, the above men- 
 tioned and described premises, or any part or parcel 
 thereof, now are, or at any time hereafter, shall or 
 may be impeached, charged, or encumbered, in any 
 manner or way whatsoever. 
 
 In witness whereof, The .parties of the first 
 part, have hereunto set their hands and seals the 
 day and year fifst above written. 
 
213 
 
 Sealed and delivered in the presence of 
 
 THEO. STEVENSON, (Seal) 
 LAURA I. STEVENSON, (Seal) 
 
 State of New York, ^ 
 County 'of Cortland, Vss.: 
 Town of Cortlandville, j 
 
 On this 15th day of May, in the year one* thou- 
 sand eight hundred and eighty-five, before me, the 
 subscriber, personally appeared Theodore Steven- 
 son and Laura I. Stevenson, his wife, to me per- 
 sonally known to be the same persons described in 
 and who executed the within instrument, and to 
 me acknowledged that they executed the same. 
 
 1,. P. HOIvLENBECK, 
 
 Notary Public. 
 
 Recorded in county clerk's ofl&ce, in book 75 of 
 deeds, page 257. 
 
 Ackuowledg- 
 
 meut 
 
 Record 
 
214 
 
 Deed — Car House Lot. 
 
 This Indenture, made this 28th day of June, 
 in the year of our Lord, one thousand eight hun- 
 dred and ninety-four, between Xbe Cortland 
 and Homer Railroad Company, formerly The 
 Cortland and Homer Horse Railroad Company, a 
 domestic corporation, duly incorporated under the 
 laws of the state of New York, having its princi- 
 pal ofiBce and place of business at Cortland, N. Y., 
 of the first part, and The Cortland and Homer 
 'Traction Company, a domestic corpoiation, 
 duly incorporated under the laws of the state of 
 New York, having its principal office and place of 
 business, at Cortland, N. Y., of the second part. 
 
 Witnesseth, that the said party of the first 
 part, in consideration of the sura of ten thousand 
 dollars ($10,000), to it in hand paid, has sold, and 
 by these presents, does grant and convey to the 
 said party of the second part, its successors and 
 assigns. 
 
 All That Certain Piece or Parcel of Land, 
 
 Description gituatc lu the town of Cortlandville, county of 
 
215 
 
 Cortland, arid state of New York, being part of 
 lot number fifty-four of said town, described as 
 follows : Commencing in the center of the road 
 leading from Cortland t(5 Homer, one hundred 
 feet north of the northeast cprner of The Cortland 
 County Aricultural Society's land ; thence north 
 along the center of said Cortland and Homer road 
 one hundred and eighty feet and eight inches, to 
 a point in the center of said highway ; thence 
 west along the center of a proposed street, eight 
 hundred and ninety-one feet; thence south two 
 hundred and sixty-five feet and four-tenths of a 
 foot to the north line of the Agricultural Society's 
 laud ; thence east along the line of the Agricul- 
 tural Society's laud, one hundred feet to the south- 
 west corner of the Hayes lot ; thence north along 
 the west line of the Hayes lot ninety-four feet and 
 four tenths of a foot to the southwest corner of 
 said Hayes lot; thence east along the north line 
 of the Hayes lot, seven hundred and forty -one 
 feet to the center of The Cortland and Homer 
 road, being the place of beginning ; containing 
 about three and one-half acres of land, more or 
 less ; reserving a strip of land on the north side 
 twenty-five feet wide for the purpose of a public 
 street or highway. 
 
 The land hereby conveyed being lots 7, 8, 9, 10, 
 II, 12, 13, 14, 15, 16 and 17, and part of lot num- 
 ber 6, of block number 7, as laid down on a map 
 of sub-divisions on great lot number fifty-four, of 
 
216 
 
 the town of Cortlandville, made by F. B. Knight 
 for Josephine R. Holmes, November, 1883, on file 
 in Cortland county clerk's office. Being the same 
 premises heretofore agreed to be conveyed by the 
 party of the first part to the party of the second 
 part. 
 
 With the Appurtenances, and all the estate, 
 title and interest therein of the party of the first 
 part. . And the said The Cortland and Homer 
 Railroad Company, party of the first part, does 
 hereby covenant aud agree to and with the said 
 party of the second part, its successors and as- 
 warranty sigus, that the prcmises thus conveyed in the 
 quiet and peaceable possession of the said party of 
 the second part, its successors aud assigns, it will 
 forever warrant and defend, against any person 
 whomsoever lawfully claiming the same, or any 
 part thereof. 
 
 In Witness Whereof, the party of the first 
 part has hereunto set its hand seal the day and 
 year first above written. 
 
 Sealed and delivered in the presence of 
 
 THE CORTLAND & HOMER TRACTION 
 COMPANY, 
 By Chas. H. Garrison, Pres. 
 
 Attest: L. D. Garrison, Secretary. (SSAi,.) 
 
217 
 
 State of New York, | 
 County of Cortland, > ss.: 
 Village of Cortland, j 
 
 On this 6tli day of December, in the year one 
 thousand eight hundred and nine-four, before me, 
 the subscriber, personally appeared C. H. Gar- 
 rison, with whom I am personally acquainted, and 
 who being by me duly sworn, did depose and say, 
 that he resides at Troy, New York ; that, he is 
 President of The Cortland and Homer Railroad 
 Company, the, corporation described in and which 
 executed the foregoing instrument ; that he is ac- 
 quainted with the corporate seal of said corpor- 
 ation, and that the seal afl&xed to said instrument 
 is such seal, and was so aflSxed by authority of 
 said corporation, and that he subscribed his name 
 thereto as President by like authority ; that he 
 knows L. D. Garrison is Secretary of said corpor- 
 ation ; that he is acquainted with the handwriting 
 of said Li. D. Garrison, and that the signature 
 subscribed to said instrument is the signature of 
 said Secretary, and was thereto subscribed by like 
 authority of said corporation, and they severally 
 acknowledged the execution thereof. 
 
 CHAS. H. GARRISON. 
 
 Subscribed and sworn to before me, December 6, ■ 
 
 1894. 
 
 H. L. BRONSON, 
 
 Notary Public. 
 
 Recorded in couiity clerk's office, in book 91 of Record 
 deeds, page 544. 
 
218 
 
 Deed — Power House Lot. 
 
 This Indenture, made this 31st day of 
 October, in the year of our Lord one thousand 
 eight hundred and ninety-four, between J. S. Bull 
 and Grace C. Bull, his wife, C. S. Bull {single), 
 and B. I/. Webb, as assignee of J. S. and C. S. 
 Bull, all of the village of Cortland, county of 
 Cortland, and state of New York, of the first part, 
 and The Cortland and Homer Railroad Com- 
 pany, successors to The Cortland and Homer 
 Horse Railroad Company, of the second part, 
 
 Witnesseth, That the said parties of the first 
 part, in consideration of the sum of one dollar 
 ($1) and for other valuable considerations, the re- 
 ceipt whereof is confessed, and in pursuance of an 
 order of the court directing this transfer to be 
 made, in hand paid by the said party of the second 
 part, the receipt whereof is hereby confessed and 
 acknowledged, have bargained, sold, remised and 
 quitclaimed, and by these presents do bargain, sell, 
 remise, and quitclaim unto the said party of the 
 second part, and to its heirs and assigns forever, and 
 to its successor and successors in office. 
 
219 
 
 All that tract or parcel of land, situate in 
 the village of Cortland, coun4;y of Cortland, and 
 state of New York, bounded and described as fol- Description 
 lows, viz: Village lots No. 45, 46, 47, 48, 49, 50, 
 74) 75i 76, 77, 78 and 79, as shown on map of 
 lands known as "Waverly Place," wTiich map was 
 made by J. D. F. Woolston, September 12, 1889, 
 and the same is filed in the o££ce of the clerk of 
 Cortland county, and to which reference is hereby 
 made. Also all that tract or parcel of land situate . 
 
 east of and adjoining lots No. 74, 75, 76, 77, 78 
 and 79 (as shown on said map), and marked on 
 said map as Thomas street, but west of the Syra- 
 cuse, Binghamton and New York Railroad tracks, 
 and west of Tioughnioga river. Also all land lying 
 east of Thomas street, and extending into the 
 Tioughnioga river but west of said railroad tracks ; 
 it being, intended to convey all the land and interest 
 therein of parties of first part, lying east or easterly 
 of said lots Nos. 74, 75, 76, jj, 78 and 79, excepting 
 and reserving to parties of the first part a three- 
 cornered piece of land lying between the railroad 
 and river, and . east of said railroad tracks, as „. , 
 
 ' ' Street 
 
 shown on said map. Also for street purposes and 
 for the purpose of building, constructing and 
 rnaintaiuing railroad tracks and all necessary 
 tracks, switches, turutables, poles, wiring and all 
 and a:ny appurtenances thereto for the proper con- 
 struction, equipment, maintaining and operating 
 an electrifc railroad, and electric light through and 
 
Habeudum 
 
 220 
 
 upon the following named streets and lands shown 
 on map of "Wavefly Place," made by J. D. F. 
 Woolston, and filed in Cortland county, clerk's 
 office, viz : Morris avenue, Lewis street and 
 Thomas, street, as shown on said map, and also 
 the land necessary and privilege to build a coal 
 trestle, and raised track on fourteen feet of the en- 
 tire east side of Thomas street, and so much land, 
 and so much of said street as may be necessary to 
 reach and connect the lands herein described, and ' 
 connect the lands, power house and buildings of 
 said railroad company with the lands and track of 
 The Syracuse, Binghamton and New York Rail- 
 road Company, and said Cortland and Homer 
 Railroad Company, shall have fourteen feet in 
 width off from the entire east side of said Thomas 
 street for such purposes as aforesaid. It is under- 
 stood that parties of the first part have no title to 
 the above mentioned lots. 
 
 Together with all and singular the heredita- 
 ments and appurtenances thereto belonging or in 
 anywise appertaining, and the revesion and rever- 
 sions, remainder and remainders, rents, issues and 
 profits thereof, and all the estate, right, title, in- 
 terest, claim and demand whatsoever, of the said 
 part of the first part, either in law or equity, of, in 
 and to the above bargained premises, with the said 
 hereditaments and appurtenances, to have and to 
 hold the said lands, premises and easements to the 
 said party of the second part, its heirs and assigns, 
 
'■ 221 
 
 to the sole and only proper benefit and behoof of the 
 said party of the second part, its heirs and assigns 
 forever. 
 
 In Witness Whereof, the parties of the first 
 
 part have hereunto set their hands and seals the 
 
 day and year first above written. 
 
 Sealed and delivered in the presence of 
 
 C. S. BUI.I., (L. S.) 
 
 J. S. BUI.I., (I,. S.) 
 
 BENJ. I,. WEBB, (L. S.) 
 (.As Assignee of J. S. andC. S. Bull.) 
 
 GRACE C. BUXL, a. S.) 
 
 State of Nevir York, ) 
 County of Cortland, Vss.: 
 Village of Cortland,] 
 
 On this 31st day of October, in the year eigh- 
 teen hundred and ninety-four, before me, the sub- 
 scriber, personally appeared J. S. Bull, Grace C. 
 Bull, his wife, C. S. Bull, Benj. L. Webb, as as- 
 signee of J. S. and C. S. Bull, to me personally a=^°°j^'^^s- 
 known to be the same perspns described in and 
 who executed the foregoing instrument, and they 
 severally aclcnowledged to me that they executed 
 
 the same. 
 
 E, A. FISH, 
 Notary Public. 
 
 Recorded in county clerk's oflice, in book 91 of 
 deeds, page 531. »«°>-d 
 
222 
 
 Deed — Power House Lot. 
 
 This Indenture, made this first day of 
 October, in the year of our Lord one thousand 
 eight hundred and ninety-four, between Mary S. 
 Alexander, of Cortland village, Cortland county 
 and state of New York, and Sarah C. String- 
 ham, of New York city, state of New York, of the 
 first part, and The Cortland and Homer Rail- 
 road Company, successors to The Cortland and 
 Homer Horse Railroad Company, of the second 
 part, 
 
 Witnesseth, That the said parties of the first 
 part, in consideration of the sum of four hundred 
 dollars ($400), to them duly paid, have sold, and 
 by these presents do grant and convey to the said 
 party of the second piart, its heirs and assigns and 
 successors. 
 
 All that tract or parcel of land, situate 
 Description i^ the villagc of Cortland, county of Cortland, 
 state of New York, bounded and described as 
 follows, viz. : Village lots No. 45, 46, 47, 48, 49, 
 50, 74, 75, 76, 77, 78 and 79, as shown on map of 
 lands known as "Waverly Place," which map was 
 
223 
 
 make by J. D. F. Woolstson, September i2, i88q, 
 and tbe same is filed in the office of the clerk of 
 Cortland county, and to which reference is hereby 
 made; also all that tract or parcel of land, situate 
 east of and adjoining lots Nos. 74, 75, 76, 77, 78 
 and 79 (as shown on said map), and marked on 
 said map as Thomas street, but west of the Syra- 
 cuse, Binghamton and New York railroad tracks, 
 and west of the Tioughnioga river; also all land 
 lying east of Thomas street and extending into 
 the Tioughnioga river, but west of said railroad 
 tracks; it being intended to convey all the land 
 and interest therein of parties of the first part, lying 
 east or easterty of said lots Nos. 74, 75, 76, 'j']^ 78 
 arid 79, excepting and reserving, to parties of the 
 first part, a three-cornered piece of land, lying 
 between the railroad and river and east of said 
 raidroad tracks, as shown on said maps; also for 
 street purposes and for the right of building and street 
 maintaining all necessary tracks, switches turn- 
 tables, poles, wiring and all and any appurten- 
 ances necessary thereto for the running and 
 maintaining of an electric railroad and electric 
 light through and upon the following named 
 streets, shown on accompanying map, viz.: Morris 
 avenue, Lewis street and Thomas street, as .■'hown 
 on said map, and with the right to build a coal 
 trestle and raised track on fourteen feet on the Trestle 
 entire east side of Thomas street, as may be 
 necessary to reach lands herein described, and 
 
224 
 
 said railroad company shall have fourteen feet in 
 width off from the east side of Thomas street for 
 such purpose. 
 
 With the appurtenances, And all the estate, 
 Warranty title and intcrcst therein of the said parities of the 
 first part, and the said Mary S. Alexander and 
 Sarah C. Stringham, parties of the first part, do 
 hereby covenant and agree to' and with the said 
 party of the second part, its heirs and assigns, that 
 the premises thus conveyed in the quiet and 
 peaceable possession of the said party of the second 
 part, its heirs and assigns they will forever 
 warrant and defend, against any person whomso- 
 ever lawfully claiming the same, or any part 
 thereof. 
 
 In witness whereof, The parties of the first 
 part have hereunto set their hands and seals the 
 day and year first above written. 
 
 MARY S. ALEXANDER. 
 SARAH C STRINGHAM. 
 
 JOHN J. V. BURKE, 
 
 (As to the signature of Sarah C Stringham.) 
 
 (Seal) 
 (Seal) 
 
 Acknowledg- 
 meut 
 
 State of New York, | 
 County of Cortland, >S9.: 
 Village of Cortland, ) 
 
 On this first day of October, in the year one 
 thousand eight hundred and ninety-four, before 
 me, the subscriber, personally appeared Mary S. 
 
225 
 
 Alexander, to me known to be the same person 
 described in and who executed the within instru- 
 ment, and she acknowledged that she executed the 
 same. 
 
 H. L. BRONSON, 
 
 Notary Public. 
 
 State of New York, ) 
 
 County and City of New York, j 
 
 On this 4th day of October, in the year of our 
 Lord, one thousand eight hundred and ninety-four, 
 before me, the subscriber, personally appeared 
 Sarah C. .Stringham, to me known to be the same 
 person described in and who executed the within 
 instrument and she acknowledged that she exe- 
 cuted the same. 
 
 JOHN J. V. BURKE, 
 Notary Public, No, 112, 
 
 New York County. 
 
 Recorded in county clerk's office, in book 91 of 
 deeds, page 467. ^'""''^ 
 
 Acknowledg- 
 ment 
 
226 
 
 Description 
 
 Deed — Power House Lot. 
 
 This Indenture, Made the seventeenth day of 
 January in the year eighteen hundred and ninety- 
 five, between B. H. Wheeler and Carrie J5. 
 Wheeler, his wife, of Cortland village, Cortland 
 county and state of New York, of the first part, 
 and The Cortland and Homer Traction 
 Company, a domestic railroad corporation, duly 
 incorporated, with its principal ofiice in Cortland, 
 N. Y., of the second part. 
 
 Witnesseth, That the said parties of the first 
 part, for and in consideration of the sum of two 
 hundred dollars, lawful money of the United States, 
 paid by the said party of the second part, do hereby 
 remise, release and forever quit-claim unto the 
 said party of the second part, its heirs and assigns 
 forever. 
 
 All that tract or parcel of land, situate in 
 the village of Cortland, county of Cortland and 
 state of New York, bounded and described as 
 follows, viz. : Commencing at an iron pin at the 
 northwest corner of lands of B. H. Wheeler and' 
 fronting on Homer avenue; running thence south- 
 
^27 
 
 erly ten feet, on the west line of the lot; thence 
 running easterly on a line parallel with the nortli 
 line of lands of Patrick Dempsey to the center of 
 Miller street; thence northerly iu the center of 
 Miller street ten feet; thence westerly on the line 
 between lands formerly owned by C. D. Kelley and 
 lands of B. H. Wheeler to the place of beginning; 
 containing more or less of land. This convey- 
 ance is made for highway and railroad purposes 
 only, with a right to parties of second part to 
 travel upon and over said lands, their agents, 
 servants and any and all other persons for street 
 and highway purposes. Party of the second part 
 has the right to build, construct and lay street 
 surface railroad tracks thereon, and to run cars 
 thereon and to erect poles and wiring and to do 
 any and all acts whatsoever necessary to properly 
 construct said road, poles and wiring and any and 
 all appurtenances thereunto appertaining. 
 
 Party of-the second part has the privilege to the 
 use of said lands for said purposes forever, except 
 if first party elects to deed and convey to second 
 party another strip of land ten feet in width and 
 running from Homer avenue to the center of 
 Miller street, on said lot, he may do so on giving 
 sixty days notice thereof, and after said deed is 
 executed and delivered, transferring said second 
 strip of land to second part it shall cease using 
 the first described land and thereafter use the 
 
 Exchange 
 
Habendum 
 
 S2g 
 
 second strip of land from Homer avenue to Miller 
 street, and in such event all the right, title and 
 interest of second party in and to the first 
 described strip of land shall cease and be ex- 
 tinguished, 
 
 In case the location of the road is changed as 
 above provided the title to the land surrendered and 
 hereby transferred is to revert back to the grantor, 
 his assigns, and party of second part will in such 
 event on demand, deed back said lands to the 
 grantor or their grantors. 
 
 Together with the appurtenances, and all the 
 estate and rights of the said parties of the first 
 part in and to the said premises. 
 
 To have and to hold the above granted, bargained 
 and described premises unto the said party of the 
 .second part, its heirs and assigns forever, for the 
 purposes above mentioned. 
 
 In witness whereof, the said parties of the 
 first part have hereunto set their hands and seals 
 the day and year first above written. 
 
 B. H. WHEEI^ER. (I/. S.) 
 
 CARRIE Ei WHEEI.ER. (I,. S.) 
 
 Acknowledg- 
 ment 
 
 State of New York, | 
 County of Cortland, Vss.: 
 Village of Cortland, J 
 
 On the 14th day of February, in the year 
 eighteen hundred and ninety-five, before me, 
 
229 
 
 personally came B. H. Wheeler and Carrie E^. 
 Wheeler, to me known and known to me to be the 
 individuals described in and who executed the 
 foregoing instrument, and they thereupon sever- 
 ally duly acknowledged to me that they executed 
 the same. 
 
 H. I,. BRONSON, 
 (L. S.) Notary Public. 
 
 Recorder in county clerk's office, in book No. 94 Record 
 of deeds, page 186. 
 
230 
 
 Description 
 
 Deed — Power House Lot. 
 
 This Indenture, made the twenty -fifth day of 
 January, in the year eighteen hundred and ninety- 
 five, between Mary S. Alexander, of the village 
 of Cortland county, of Cortland, and state of New 
 York, and Sarah C. Stringham, of the city of 
 New York, in said state, of the first part, and T^he 
 Cortland and Homer Traction Company, a 
 domestic corporation, duly incorporated under the 
 laws of this state, with its principal office in Cort- 
 land, N. Y., of the second part 
 
 Witnesseth, that said parties of the first part, 
 for and in consideration of the sum of two hun- 
 dred dollars, lawful money of the United States, 
 paid by the said party of the second part, do 
 hereby remise, release and forever quitclaim unto 
 the said parties of the second part, its heirs and 
 assigns forever. 
 
 All that tract or parcel of land, situate in the 
 village of Cortland, county of Cortland, and state 
 of New York, bounded and described as follows, 
 viz: Commencing at a point in the center of 
 Miller street, one hundred and ten (no), feet north 
 
231 
 
 of the south line of lot. 64, on map of Waverly 
 Place, as sui'veyed by J. D. F. Woolston, Septem- 
 ber 12, 1889 ; thence southerly on the west line of 
 village lots 62 and 63 twenty feet to an iron pin ; 
 thence easterly on a line to be drawn parallel to 
 the north line of lands of Patrick Dempsey to the 
 center of Lewis street ; thence northerly in the 
 center of Lewis street, twenty feet ; thence west- 
 erly on a line parallel to said Derapsey's north 
 line, to the place of beginning, containing more 
 or less of land. Parties of the first part also 
 grant to, parties of second part, the use and oc- 
 cupation of any part of Miller street, so as to con- 
 nect and join the highway, and railroad to be 
 layed and built from Hori:er avenue to Miller 
 street. 
 
 This transfer is made for highway and railroad 
 purposes only, and is to be used not only by second 
 party, but by any and all other persons who de- 
 sire to travel upon the same. Party of second 
 part agrees to build and maintain a fence on the 
 north side of said road between Miller and Lewis 
 streets. 
 
 Together with the appurtenances, and, all the 
 estate and rights of the said parties of the first 
 part in and to the said premises. 
 
 To- have and to hold the above granted, bar- 
 gained and described premises unto the said party 
 
 Restriction 
 
 Habendum 
 
232 
 
 of the second part, its heirs and assigns forever, 
 for the purposes above described only. 
 
 In witness whereof, the said parties of the 
 first part have hereunto set their hands and seals 
 the day and year first above written. 
 
 MARY S. AIvEXANDER, (L. S.) 
 SARAH C. STRINGHAM, (L. S.) 
 
 JOHN J. V BURKE, 
 
 (As to the signature of Sarah C. Stringham.) 
 
 State of New York, | 
 County of New York, Vss.: 
 City of New York, j 
 
 On the first day of February, in the year of 
 eighteen hundred and ninety-five, before me per- 
 sonally came Sarah C. Stringham, to me known, 
 and known to me to be the individual described in 
 and who executed the foregoing instrument, and 
 she thereupon duly acknowledged to me that she 
 executed the same. 
 
 JOHN J. V. BURKE, 
 (Seal.) Notary Public, No. it2, 
 
 New York County- 
 
 State of New York, ) 
 County of Cortland, )'SS.: 
 Village of Cortland, ) 
 
 On the 25th day of January, in the year eigh- 
 teen hundred and ninety-five, before me personally 
 
23a 
 
 came Mary S. Alexander, to me known and known 
 to me. to be the individual described in, and who 
 executed the fpregping instrument, and she there- 
 upon to me duly acknowledged to me that she ex- 
 ecuted the same. 
 
 L. P. HOLLENBECK, 
 
 Notary Public. 
 
 Recorded in county clerk's office, in book 94 of ^^^^^.^j 
 deeds, p. 187. 
 
234 
 
 Deed — Power House Lot. 
 
 Tills Indenture, Made this 6th day of 
 December, in the year of our Lord one thousand 
 eight hundred and ninety-four, between Xhe Cort- 
 land and Homer Railroad Company, formerly 
 The Cortland and Homer Horse Railroad Com- 
 pany, a domestic corporation, duly incorporated 
 under the laws of the state of New York, having 
 its principal of&ce and place of business at Cort- 
 land, N. Y., of the first part, and The Cortland 
 and Homer Traction Company, a domestic 
 corporation duly incorporated under the laws of 
 the state of New York, having its principal office 
 and place of business at Cortland, N. Y., of the 
 second part, 
 
 Witnesseth, That the said party of the first 
 part, in consideration of the sum of ten thousand 
 dollars ($10,000.00) to it in hand paid, has sold, 
 and by the presents, does grant and convey to the 
 said party of the second part, its successors and 
 assigns. 
 
235 
 
 All that tract or parcel of land, situate 
 ill the village, of Cortland, county of Cortland and 
 state of New York, bounded and described as 
 follows, viz. : Village lots Nos. 45, 46, 47, 48, 
 
 49, 50, 74> 75, 7^, 77, 7^ and 79, as shown 
 on map of lands known as "Waverly Place," 
 which map was made by J. D. F. Woolston, 
 September 12, 1889, and the same is filed in the 
 office of the clerk of Cortland county and to which 
 reference is hereby made. Also all that tract or 
 parcel of land situate east of and adjoining lots 
 Nos. 74, 75, 76, yy, 78 and 79 (as shown on said 
 map), and marked on said map as Thomas street 
 but west of the Syracuse, Binghamton and New 
 York railroad tracts and west of Tioughnioga river; 
 also all land lying east of Thomas street and ex- 
 tending into the Tioughnioga river but west of said 
 railroad tracks; it being intended to convey all the 
 lands and interest therein to parties of the first 
 part lying east or easterly of said lots Nos, 74, 75, 
 76, 77, 78 and 79, excepting and reserving to 
 parties of first part a three-cornered piece of land 
 lying between the railroad and river, and east of 
 said railroad tracks as shown on said map. Also 
 for street purposes and for the purpose of building, 
 constructing and maintaining railroad tracks and 
 all necessary tracks, switches, turntables, poles, 
 wiring and all and any appurtenances thereto for 
 the proper construction, equipment, maintaining 
 and operating an electric railroad and electric 
 
 Description 
 
236 
 
 light through and upon the following named 
 streets and lands shown on the map of "Waverly 
 Place" made by J. D. F. Woolston and filed in the 
 Cortland county clerk's office, viz. : Morris 
 avenue, Lewis street and Thomas street, as shown 
 on said map, and also the land necessary and priv- 
 ilege to build a coal trestle and raised tracks on 
 fourteen feet of the entire east side of Thomas 
 street and so much land and so much of said street 
 as may be necessary to reach and connect the 
 lands herein described and connect the lands, 
 power house and buildings of said railroad com- 
 pany with the lands and tracks of the Syracuse, 
 Binghamton and New York Railroad Company, 
 and said Cortland and Homer Railroad Company 
 shall have fourteen feet in width off from the 
 entire east side of Thomas street for such purposes 
 as aforesaid. 
 
 The land hereby conveyed being lots 7, 8, 9, 10, 
 II, 12, 13, 14, 15, 16 and 17, atid part of lot 
 number 6, of block number 7, as laid down on a 
 map of sub-divisions on great lot number fifty-four 
 of the town of Cortlandville, made by F. E. Knight 
 for Josephine R. Holmes, November, 1883, on file 
 in Cortland county clerk's office, being the same 
 premises heretofore agreed to be conveyed by the 
 party of the first part, to the party of the second 
 part, 
 
Warranty 
 
 237 
 
 With the appurtenances, And all the estate, 
 title and interest therein of the party of the first 
 part and the said The Cortland and Homer Rail- 
 road Company, party of the first part, does hereby 
 covenant and agree to and with the said party of 
 the second part, its successors and assigns, that 
 the premises thus conveyed in the quiet and peace- 
 able possession of the said party of the second par:t, 
 its successors and assigns, it will forever warrant 
 and defend against any person whomsoever law- 
 fully claiming the same or any part thereof 
 
 In witness whereof, The party of the first 
 part has hereunto set its hand and seal the day 
 and year first above written. 
 
 THE CORTLAND & HOMER RAILROAD 
 COMPANY, 
 
 Sealed and delivered in the presence of 
 
 By Chas. H. Garrison, Pres. 
 
 Attest : L. D. Garrison, Secretary. (Seai,.) 
 
 State of New York, | 
 County of Cortland, Vss.: 
 Village of Cortland, J 
 
 On this seventh day of December, in the year 
 one thousand eight hundred and ninety-four, before 
 me, the subscriber, personally appeared, C. H. Gar- Acknowiedg- 
 rison, with whom I am personally acquainted, and 
 who being by me duly sworn, did depose and say, 
 that he resides at Troy, New York; that he is presi- 
 
238 
 
 dent of The Cortland and Homer Railroad Co., 
 the corporation described in and which executed 
 the foregoing instrument; that he is acquainted 
 with the corporate seal of said corporation and 
 that the seal affixed to said instrument is such 
 seal; and was so affixed by authority of said corpo- 
 ration and that he subscribed his name thereto as 
 president by like authority; that he knows L. D. 
 Garrison is secretary of said corporation; that he is 
 acquainted with the handwriting of said L. D, 
 Garrison, and that the signature subscribed to said 
 instrument is the signature of said seoretary, and 
 was thereto subscribed by like authority of said 
 corporation, and they severally acknowledged the 
 execution of the same. 
 
 CHAS. H. GARRISON. 
 Subscribed and sworn to before me, December 8, 
 
 1894. 
 
 H. L. BRONSON, 
 Notary Public. 
 
 Recorded in county clerk's oflfice, in book 91 of 
 deeds, page 546. 
 
239 
 
 ' Deed — McGrawville. 
 
 This Indenture, made this 15th day of Novem- 
 ber, in the year of our Lord, one thousand eight 
 hundred and ninety-five, between Xhe McGraw 
 Corset Company, a corporation duly organized 
 under the l9,ws of the state of New York, and 
 located iu the village of McGrawville, county of 
 Cortland and state of New York, of the first part, 
 and The Cortland and Homer Traction Com- 
 pany, a corporation located in Cortland, Cdrtla,nd 
 county. New York, of the second part. 
 
 Witnesseth, that in pursuance of a resolution 
 duly adopted at a meeting of the Board of Direc- 
 tors, of said The McGraw Corset Company, held 
 the 1895, and in 
 
 consideration of the sum of one dollar, and other 
 valuable considerations to it duly paid, the party 
 of the first part has sold, and by these presents 
 does grant and convey to the said party of the 
 second part, its successors and' assigns, 
 
 All that tract or parcel of land, situated in 
 the village of McGrawville, county of Cortland, Descripti( 
 and state of New York, bounded and described as 
 
240 
 
 follows : A plot of land situated in the village of 
 McGrawville, bounded on the south by the centre 
 of Trout Brook, on the east by the centre Hue of 
 South street ; on the north by lands owned by the 
 village of McGrawville, and by lands owned by 
 The McGraw Corset Company ; and on the west 
 by lands owned by The McGraw Corset Company; 
 containing one and two one-hundredths of an acre 
 of land, be the same more or less. The bounds of 
 the same are as follows : Beginning in the centre 
 of South street, at the southeast corner of lands 
 owned by the village of McGrawville; thence run- 
 ning south 84 degrees and 30 minutes, west upon 
 south line of said lands for 475 feet along the 
 centre line of an extension of Centre street, to a 
 point in line with the eastern wall of brick build- 
 ing, known as the box factory, and 56^ feet to 
 the south thereof; thence bearing south 4 degrees, 
 east for 80^4 feet, to the centre of Trout brook ; 
 thence bearing north 86 degrees, east along the 
 centre of said brook for 480 feet, at which point 
 the centre of brook intersects the centre of South 
 street; thence bearing north i}4 degrees, west 
 along the centre of South street for 106 feet, to 
 the place of beginning. 
 
 With the appurtenances and all the estate, title 
 and interest therein of the said party of the first 
 part. 
 
241 
 
 It is understood that a strip of 1)4. rods in width 
 runs the entire legth of 473 feet along the north- 
 ern boundary of this plot, is now deeded subject 
 to its being used for street purposes, when the ex- 
 tension of Centre street shall be accepted by the 
 corporation. It is also understood that when this 
 portion of Centre street is accepted by the cor- 
 poration it will be subject to use by The Cortland 
 and Homer Traction Company for railroad pur- 
 poses. 
 
 And the said party of the first part does hereby 
 covenant and agree to and with the said party of the 
 second part, its successors and assigns, that the 
 premises thus conveyed in the quiet and peaceable 
 possession to the said party of the second part, its 
 successors and assigns, it will forever warrant and 
 defend against any person whomsoever lawfully 
 claiming the same, or any part thereof 
 
 In witness whereof, the party of the first part 
 has hereunto caused its corporate seal to be affixed, 
 and these presents to be subscribe by Albert P. 
 McGraw, its secretary and treasurer, this 15th 
 day of November, 1895. 
 
 AI^BERT P. McGRAW, 
 (Seai<.) Secretary and Treasurer of 
 
 The McGraw Corset Co. 
 
 Wairanty 
 
Ackuowledg- 
 nient 
 
 242 
 State of New York, 
 
 Record 
 
 County of Cortland, ' 
 
 On this 15th day of November, 1895, before me 
 the subscriber personally appeared Albert P. Mc- 
 Graw, to me personally known, and he being by 
 me duly sworn did depose and say, that he resides 
 in the village of McGrawville, Cortland county, 
 N. Y., and is the secretary and treasurer of The 
 McGraw Corset Company, the party of the first 
 part mentioned in the foregoing instrument. That 
 he has been empowered and authorized by resolu- 
 tion of the Board of Directors of said corporation 
 to execute the foregoing instrument in the name 
 of, and for The McGraw Corset Company; that 
 he hereby acknowledges that he has so exe- 
 cuted the same and affixed the corporate seal 
 thereto. That the seal so affixed is the corporate 
 seal of the corporation, and that he has signed the 
 name of the said corporation, and affixed said cor- 
 porate Seal to the foregoing instrument by order of 
 and pursuant to authority to him given by the 
 resolution of the said Board of Directors. 
 
 C. B. WARREN, 
 (Seal.) ' Notary Public. 
 
 Recorded in county clerk's office, in book 95 of 
 deeds, page 
 
243 
 
 Deed for Park. 
 
 This Indenture, made this 31st day of 
 August, in "the year of our Lord one thousand 
 eight hundred and ninety-five, between Clarence 
 D. Simpson and Katherine P. Simpson, his 
 wife, of Scrauton, Lackawanna county, Pennsyl- 
 vania, parties of the first part, and jThe Cortland 
 and Homer Traction Company, a corporation 
 of the state of New York, party of the second part, 
 
 Witnessetb, That the said parties of the first 
 part, in consideration of the' surti of five thousand 
 four hundred and forty ($5,440) dollars, to them 
 duly paid, have sold, and by these presents, do 
 grant and convey to the said party of the second 
 part, its successors and assigns, all that tract or 
 parcel of land situate in the town of Cortlandville, 
 in the county of Cortland, and state of New York, 
 described as follow, to wit : 
 
 Being a part of Great Lot Sixty-Six, in the 
 tpwn of Cortla,ndville, N. Y., bounded and de- 
 scribed as follows : Beginning at a point situated J^^^":"?"' 
 eleven chains and seventy links (11.70), and bear- 
 ing north 21 j4 degrees east from a stone monu- 
 
244 
 
 ment, surrounded by bricks, standing in the center 
 of the highway running northerly and southerly 
 past the former residence of Nathan P. Salisbury, 
 and nearly in front of the same. Thence follow- 
 ing the center of the highway, bearing north 27^ 
 degrees, east for a distance of twenty-two chains 
 and twenty-four links (22.24); thence bearing 
 north 2)3/^ degrees, east for a distance of four 
 chains and thirty-two links (4.32). Thence leav- 
 ing the highway and bearing north 84^ degrees, 
 west for a distance of eleven chains and thirty- 
 eight links (11.38), to the center of the Tiough- . 
 nioga river, thence following the center of the 
 river bearing south 37 degrees, west for a distance 
 of three chains and forty-nine links (3 49); thence 
 bearing north 74^ degrees, west for a distance of 
 one chain and eighty-five links (1.85); thence 
 bearing south 31^ degrees, west for a distance of 
 eight chains and fourty-four links (8.44); thence 
 bearing south 11 degrees, east for a distance of six 
 chains and twenty-six links (6.36); thence bearing 
 south 26^ degrees, west for a distance of six 
 chains and twenty links (6.20). From thence 
 leaving the river and bearing south 68 j4 degrees 
 for a distance of eight chains and ninety-eight 
 links (8.98), to the place of beginning. Contain- 
 ing twenty -seven and two-tenth acres (27.2), be 
 the same more or less, as surveyed by J. D. F. 
 Woolston, August 17, 1895. 
 
245 
 
 With the appurtenances, and all the estate, 
 title and interest therein of the said parties of the 
 first part. And the said parties of the first part warranty 
 do hereby covenant and agree to and with the said 
 party of the second part, its successors and as- 
 signs, that the premises thus conveyed in the 
 quiet and peaceable possession of the said party of 
 the second part, its successors and assigns, they 
 will forever warrant and defend against any per- 
 son whomsoever lawfully claiming the same, or 
 any part thereof. 
 
 In witness whereof, the parties of the first 
 part have hereunto set their hands and seals the 
 day and year first above written. 
 
 CI.A.RENCE D. SIMPSON, (Seai,.) 
 CATHERINE P. SIMPSON, (Sbal) 
 
 Duly acknowledged and recorded in county 
 clerk's office, in book 94 of deeds, page 387. 
 
 Record 
 
246 
 
 Agreement for Switch. 
 
 Articles of Agreement, Entered into this zad 
 day of November, 1895, between The Cortland 
 Howe Ventilating Stove Company, party of 
 the first part, and The Cortland and Homer 
 Traction Company, party of the second part, 
 
 Witnessetb, That in consideration of one 
 dollar, to it in hand paid, the receipt whereof 
 is hereby confessed and acknowledged, and of the 
 premises, covenants and agreements of the party 
 of the second part hereinafter contained, the said 
 party of the first part hereby grants permission to the 
 party of the second part, tobnild, operate and main- 
 switch ^aiii a switch track connecting its main line on Elm 
 street with the tracks of the E. C. & N. R. R. Co., 
 a portion of which said track will run over the 
 property of the party of the first part. 
 
 And in consideration of the premises and of the 
 
 sum of one dollar to it in hand paid, the receipt 
 
 Freight whereof is hereby confessed and acknowledged, 
 
 the party of the second part agrees to carry freight 
 
 for the party of the first part between the D. L. 
 
247 
 
 & W. freiglit depot on Railroad street in the village 
 of Cortland and the shipping platform of the party 
 of the first part on Elm street, at the following 
 rates, namely: 
 
 Any package weighing not more than fifty 
 ponnds, at the rate of three cents per package. ^^^^^ 
 Any package weighing over fifty pounds at the 
 rate of five cents per hundred pounds, it being 
 understood, however that no package over fifty 
 pounds in weight shall be carried for a less rate 
 than five cents. All stoves, irrespective of weight, 
 shall be carried at ,the uniform rate of ten cents 
 each. 
 
 The party of the second part also agrees to haul 
 all freight cars, irrespective of weight or contents, 
 at one dollar per car. It being understood and 
 agreed that any such cars must be provided by the 
 party of the first part who shall be responsible for ''«^™" 
 all mileage charges or demurrage against the 
 same. And upon the express understanding that 
 the party of the first part obtain any necessary 
 agreement or permit for switching the cars of one 
 road upon the tracks of another, and that it hold 
 the party of the second part blameless for so doing. 
 
 And the party of the second part agrees to 
 plank in, or in other manner render the passage 
 of vehicles over the said switch track as safe and 
 convenient as possible. 
 
 Plank 
 
Termination 
 
 248 
 
 .And the said party of the second part further 
 agrees to provide transportation over its line for the 
 manager of the Stove Co., during the continu- 
 ance of this contract. 
 
 And it is mutually covenanted and agreed, by 
 and between the parties hereto, that this agreement 
 may be terminated by either party on any first 
 day of July after January first, 1900, by giving to 
 the other party six months' notice thereof in 
 writing, of their intention so to do. 
 
 In Witness Whereof, the parties hereto have 
 hereunto set their hands and seals this 2 and day 
 of November, 1895, to duplicate copies hereof. 
 
 CORTLAND HOWE VENTILATING 
 STOVE CO. 
 
 By Wm. H. Clark. (L. S.) 
 
 THE CORTLAND AND HOMER TRAC- 
 TION COMPANY, 
 
 By H. Bbrgholtz, Vice Pres. (L. S) 
 
 Recorded in county clerk's oflBce, in book B, 
 Record miscellaueous record, page 188. 
 
249 
 
 Agreement for Poles. 
 
 This Agreement, made this 30th day of No- 
 vember, 1894, between The Empire State Tele- 
 phone and Telegraph Company, of Auburn, 
 N. Y., party of the first part, and The Cortland 
 and Homer Traction Company, and The 
 Cortland and Homer Mlectric Light Com- 
 pany, of Cortland, N. Y., parties of the second 
 part, all being corporations duly organized under 
 the laws of the state of New York, 
 
 Witnesseth, whereas the parties of the second 
 part are about to rebuild their electric light plant 
 for villages of Cortland and Homer, and to build an 
 electric railroad connecting the villages of Cort- 
 land, Homer and McGrawville, and erect a line of 
 poles and wires in said villages and along the 
 highway between said villages, 
 
 And, whereas, the party of the first part has al- 
 ready lines of poles and wii"es in said villages and 
 along said connecting highway, which lines it ex- 
 pects to extend from time to time, and to erect new 
 ones. 
 
250 
 
 Aud, whereas, the wires of the party of the first 
 part along Homer avenue in and connecting Cort- 
 land and Homer, are only seventeen feet from the 
 center of the roadway and too low for a trolley 
 line to be placed beneath them, and the trees are 
 so thick that it is impossible to raise said wires 
 higher than their present position ; while the 
 trolley line of the parties of the second part must 
 be nineteen feet from the center of said roadway, 
 which therefore, makes it impossible for the 
 parties of the second part to string their trolley 
 and operate their road unless the wires of the 
 party of the first are first removed from their pre- 
 sent position. 
 
 Now therefore, for the pui-pose of the prosecu- 
 tion in the said villages of Cortland, Homer and 
 McGrawville, and vicinity, of the business for 
 which the parties to this agreement have been re- 
 spectively incorporated and with the view to public 
 interest in gathering on to one line of poles, wires 
 of all parties when practicable, instead of using 
 separate lines, and in consideration of the respec- 
 tive privileges and obligations herein specified, the 
 party of the first part hereto agreed, and the parties 
 of the second part hereto jointly and severally 
 agree, as follows : 
 
 First. The parties of the second part agree to 
 Pole Line ercct a liuc of forty-foot poles on main street, in. 
 the village of Cortland, from a point south of Port 
 
251 
 
 Watson street, to be designated, by party of the 
 first part, and extended to The Elniira, Cortland 
 and Northern Railroad tracks, in said village of 
 Cortland, and to give a perpetual right of way to 
 the party of the first part to place and maintain 
 the three upper cross arms with wires thereon, on 
 •said line of poles, and the said party of the first perpetual use 
 part agrees to pay extra costs of the purchase 
 price of said forty-foot poles which would exceed the 
 purchase price for thirty-foot poles, and which ex- 
 cess, it is agreed, shall amount to not over $2.50 
 per pole. 
 
 Second. The parties of the second part further 
 agree that the party of the first part shall have a 
 perpetual right to place and maintain the top arm 
 with wires thereon on all other poles of either of 
 the parties of the second part, in the villages of 
 Cortland, Homer and McGrawville, along the con- 
 necting highways between the said villages, now 
 or hereafter to be .erected in said villages or high- 
 ways, and the party of the first part agrees to re- 
 move all of its present line of poles between Cort- 
 land and McGrawville, and to transfer its wires on 
 to the poles of the parties of the second part with- 
 out cost to said parties of the second part. 
 
 The party of the first part agrees that the 
 
 ■parties of the second part shall have the perpetual 
 
 right to place and maintain a cross arm with wires 
 
 thereon, below the wires -of the party of the first 
 
 Perpetual Use 
 
Pole Line 
 
 252 
 
 part, on any of the poles of the party of the first 
 part, now or hereafter to be erected in any of said 
 villages of Cortland, Homer, or McGrawville. All 
 wires of the parties of the second part must be at 
 least twenty-four inches below those of the party 
 of the first part. 
 
 Third. The party of the first part agrees to re- 
 move its line of poles now along Homer avenue, 
 above referred to, as soon as practical, and within 
 sixty days after the parties of the second part 
 shall have erected for the party of the first part, a 
 line of first-class chestnut poles which they agreed 
 to do as follows : 
 
 Seven sixty-foot poles. 
 
 One fifty-five-foot pole. 
 
 One fifty-foot pole. 
 
 Seven forty-five-foot poles. 
 
 Forty-seveu .... forty-foot poles. 
 
 Arranged in place and size as shall be desig- 
 nated by the party of the first part, in a line com- 
 mencing at the south side of Railroad street, in 
 the village of Cortland, and extending northerly 
 towards the village of Homer on such right of 
 way connecting said villages as the said party of 
 the first part may secure, and which it shall secure 
 within 30 days after the execution of this agree- 
 ment, or in default thereof this agreement shall be 
 deemed null and void, unless the parties of the 
 
253 
 
 second part thereafter agree to extend said time 
 for obtaining said right of way. 
 
 The poles referred to in this section shall be- 
 long to the party of the first part, subject, how- 
 ever, to perpetual use, of one cross arm thereon 
 by parties of the second part. 
 
 Fourth. In case the party of the first part de- 
 sires to place additional cross arms with wires 
 thereon, on any poles of either of the parties of 
 the second part other than those herein provided cross Aims 
 for in any of said three villages, or connecting 
 highways, said party of the first part shall have 
 the right to do so in a manner that does not inter- 
 fere with the wires of the parties of the second 
 part, and if such poles are not suitable for such 
 additional cross arms and wires, said party of the 
 first part shall have the right to replace said poles 
 with suitable ones at its own expense, and it shall 
 bear all the expenses of replacing the wires of 
 the parties of the second part thereon in as good 
 condition as before. Such poles shall belong to 
 the parties of the second part, subject however, to 
 perpetual use by the party of the first part. 
 
 And in case the parties of the second part, de- 
 sire to place additional cross arms other than those 
 herein provided for upon any poles of the party of 
 the first part in said villages, they shall have the 
 same right, vipon the same condition as given to 
 
254 
 
 Maintenance 
 
 said party of the first part to place additional cross 
 arins on the poles of the parties of the second part 
 which is contained in this section of this agree- 
 ment. 
 
 Fifth. All parties to this agreement agree that 
 neither will place its wires or cross arms upon any 
 poles herein referred to in any part of this agree- 
 ment, so as to obstruct the linemen of either party 
 from free access to their respective wires, and the 
 parties of the second part agree to place all their 
 wires on the lines of poles above referred to in 
 section one of this agreement, and on all the poles 
 of the party of the first part, that they may use 
 in such manner as to leave a space of at least 
 three feet between the wires nearest the pole. 
 
 It is further mutually agreed by all parties 
 hereto that the cost of maintaining all lines of 
 poles herein referred while in use by the party of 
 the first, and either of the parties of the second 
 part hereto, shall be borne three-fourths by the 
 party owning said poles, and one-fourth by the 
 other party or parties. 
 
 THE EMPIRE STATE TELEPHONE AND 
 TELEGRAPH CO. 
 
 Henry A. Storke, Pres. 
 Attest : Geo. Anderson, Secretary. 
 
 THE CORTLAND AND HOMER TRAC- 
 TION COMPANY, 
 By P. S. Page, Vice-President. 
 Attest : Horace E- Hand, Secretary. 
 
255 
 
 THE CORTI^AND AND HOMER ELEC- 
 TRIC CO. 
 
 By P. S. Page, Vice-Pres. 
 
 Attest : Horace E. Hand, Secretarj^. 
 
 Recorded in county clerk's office, in book B of 
 
 Record 
 
 miscellaneous records, page 
 
256 
 
 By-Laws 
 
 OF 
 
 The Cortland and Homer Traction 
 Company. 
 
 Section i. The annual meeting of the stock- 
 Meeting holders of the company for the purpose of hearing 
 and acting upon the reports of the officers thereof, 
 and for the purpose of electing a Board of 
 Directors of the company, and for transacting such 
 other business as may properly come before it, 
 shall be held on the third Tuesday in July in each 
 year, at the office of the company in the village of 
 Cortland, in the state of New York, at the hour of 
 lo o'clock a. m., of that day, due notice of which 
 will be given to each stockholder of record, by a 
 printed notification mailed to his last known busi- 
 ness address, at least ten days before such meet- 
 ing, and by such advertisement as is required by 
 law. 
 
 Sec. 2. Special meetings of the stockholders 
 ^^Meeungs may be Called at any time by order of the Board 
 
257 
 
 of Directors, or by the written request of the 
 holders of at least one-fifth, of the total capital 
 stock. Notice of special meetings shall be given 
 in the same manner as is provided for annual 
 meetings (excepting when the purpose of such 
 meeting is to increase the capital stock of the 
 company — in such case notice shall be given as 
 required by law), and such notice shall also specify 
 the object for which such meeting is called, and 
 the business to be transacted, and no business 
 shall be transacted at such meeting other than is 
 specified in such notice. The holders of a majority 
 of the shares of stock of the company present in 
 person or by proxy shall constitute a quorum at 
 any meeting of the stockholders. 
 
 Sec. J. All elections of officers by the stock- 
 holders shall be by ballot, and shall be conducted 
 by a teller, to be chosen by the stockholders present 
 at the meeting. ' Said teller shall certify the result 
 of the election. 
 
 Sec. 4. All persons owning and holding shares 
 of stock of the company, either in their own right, Right to vote" 
 or as trustee or as the legal representatives of stock- 
 holders, shall have the right to attend and vote at all 
 meetings ofthe stockholders and shall have as many 
 votes as the number of shares so held or repre- 
 sented by them respectively; but no person shall 
 be permitted at any such meeting, or election, as 
 the proxy or attorney of any stockholder, without 
 
 Tellers 
 
258 
 
 a power of attorney therefor duly executed aud 
 presented. 
 
 Sec. 5. Thefiscalyear of the company shall com- 
 FiscaiYear meuce ou the first day of July, and end on the 
 thirtieth day of June in each year. 
 
 Sec. 6. The property aud business of the cora- 
 Directois pany shall be managed and controlled by a board 
 of nine directors, elected annually by and from 
 the stockholders in the manner herein prescribed, 
 and said board shall exercise every corporate right 
 aud power of the company not herein expressly 
 reserved to the stockholders. 
 
 Sec. 7. The directors shall hold office respect- 
 vacancies • ively until others are elected in their place, and 
 shall have power to fill vacancies in the Board 
 from the stockholders at any meeting of the Board. 
 Five Directors shall constitute a quorum, the vote 
 of a majority of whom shall be requisite to elect a 
 Director. 
 
 Meetings 
 
 Quorum 
 
 Sec. 8. Stated or regular meetings of the Board 
 of Directors shall be held at such times and places 
 as may be designated by the Board. 
 
 Sec. g. A majority of the whole number of 
 Directors shall constitute a quorum for the trans- 
 action of business, but a less number may meet 
 and adjourn from time to time until a quorum 
 shall be present. 
 
259 
 
 Sec. 10. The President may call special meet- 
 ingsofthe Board of Directors in his discretion, Meetings 
 and shall also call a special meeting of the Board 
 whenever three of the Directors shall request him, 
 in writing, to do so. 
 
 Sec. II. There shall be an Executive Committee 
 of the Board, to consist of the Ptesident and three Executive 
 
 Commiitee 
 
 other Directors, who shall be appointed by the 
 Board. The Committee shall fix the time for 
 holding its stated or regular meetings, and any 
 number of said Committee may call a meeting 
 thereof for the transaction of any special business. 
 
 Powers 
 
 Sec. 12. All powers and duties of the Board of 
 Directors not herein delegated to other officers of 
 the Company, or delegated by the Board of 
 Directors to other committees, shall be exercised 
 and discharged during the recess of the said Board 
 by the Bxecutive Committee. 
 
 Sec. /J. The Board of Directors may authorize 
 the President to appoint svich other committees as ^°"""'"*^^ 
 they may deem the best interests of the Com- 
 pany require. 
 
 Sec. 14. The of&cers of the Company shall be 
 a President, two Vice-Presidents, Secretary and a officers 
 Treasurer, and such other ofi&cers as the Board of 
 Directors may from time to time deem advisable 
 for the best interests of the Company. The offices 
 of Secretary and Treasurer, may be held by one 
 
260 
 
 person. All officers shall be elected annually at 
 the first meeting of the Board of Directors, after 
 their own election, or as soon thereafter as circum- 
 stances will permit. 
 
 Sec. IS- The officers so elected shall hold their 
 offices at the pleasure of the Board of Directors, 
 
 Vacancies ^ ' 
 
 and until their successors shall have been elected, 
 unless sooner removed by the said Board. Vacancies 
 caused by death, resignation or otherwise may be 
 filled at any meeting of the said Board. The votes 
 of a majority of the whole number of Directors 
 present shall be necessary to a choice. No person 
 other than a Director shall be eligible to the office 
 of President. 
 
 Sec. i6. The President shall have the chief man- 
 president agement, control and supervision of the affairs of 
 the Company. It shall be his duty to preside at 
 all meetings of the Board of Directors, to preserve 
 order, to promote the regular and speedy transac- 
 tion of business, and to attend the meetings of the 
 Executive Committee, subject to these By-Laws 
 and to such orders and regulation as the Board of 
 Directors may make from time to time. 
 
 Sec. ly. It shall be the duty of the Secretary to 
 
 Secretary keep full aud perfect minutes of the proceedings 
 
 of the Board, to keep the books and records of the 
 
 Company, aud to give written or printed notice to 
 
 the Directors of the time and place of all regular 
 
261 
 
 meetings. He shall obey all resolutions of the 
 Board of Directors prescribing his powers and 
 duties, and shall act under the orders of the 
 President. 
 
 Sec. i8. It shall be the duty of the Treasurer 
 to receive all moneys belonging to the Company 
 and forthwith deposit the same to the credit of the 
 Company with such banks or bankers as may be 
 designated by the Board of Directors, and the same 
 shall only be drawn therefrom by a check or checks 
 signed by such officer or ofi&cers of the Company, as 
 the Board of Directors may direct. He shall dis- 
 burse all moneys directed or authorized to be paid 
 out or expended by the Board; and shall keep a true 
 and accurate account of all moneys received and 
 disbursed; but no bill, claim or account shall be 
 paid by him unless certified by the President of 
 the Company, or a majority of the said Executive 
 Committee. 
 
 Sec. ig. Before entering upon the discharge of the 
 duties of their respective oflEces, the Secretary, 
 Treasurer, Superintendent, or other ofl&cer or em- 
 ploye of the Company, from whom the Directors or 
 the said Executive Committee may see fit to require 
 the same, shall execute a bond to the Company with 
 one or more sureties to be approved by said Board, 
 or the said Executive Committee, conditioned for 
 the faithful performance of the duties of their 
 
 Bouds 
 
Amendments 
 
 "262 
 
 office respectively, including responsibility for 
 negligence. 
 
 Sec. 20. These By-Laws may be amended at 
 any regular or special meeting of the stockholders 
 of the Company by the vote of a majority of the 
 whole number of shares of stock. 
 
263 
 
 The Cortland Park 
 Land Go. 
 
 Certificate of Incorporation. 
 
 We, the undersigned, desiring to form a corpo- 
 ration pursuant to the provisions of the Business 
 Corporation Law, all being of full age and citizens 
 of the United States, and a majority residents of 
 the state of New York, hereby certify : 
 
 First. The name of the proposed corporation is 
 "Tiie Cortland Park Land Company." 
 
 Second. The purposes for which it is to be 
 formed are the improvement and sale of real estate. 
 
 Third. The amount of capital stock is thirty 
 thousand dollars ($30,000.00) all common stock, 
 to be issued in payment for real estate conveyed to 
 said corporation. 
 
 Fourth. The number of shares of which the 
 capital stock shall consist is six hundred (600), 
 
 Purpose 
 
 Capital 
 
 Shares 
 
Location 
 
 Duration 
 
 Directors 
 
 Subscribers 
 
 264 
 
 each of which shares shall be fifty dollars ($50.00). 
 The amount of capital with which said corpora- 
 tion will begin business is one thousand dollars 
 ($1000.00). 
 
 Fifth. The location of its principal business 
 oflEce is to be in the village of Cortland, Cortland 
 county, New York. 
 
 Sixth. Its duration is to be fifty (50) years. 
 
 Seventh. The number of its directors is to be 
 seven (7). 
 
 Eighth. The names and postofiice addresses .of 
 the directors for the first year are as follows : 
 
 Names. Post Office Addresses. 
 
 Herman Bergholtz Ithaca, New York. 
 
 De Forrest Van Vleet .... Ithaca, New York. 
 
 Hugh Duffey Cortland, New York. 
 
 Lawrence J. Fitzgerald . . Cortland, New York. 
 Plummer S. Page . . . .Scranton, Pennsylvania. 
 
 Horace E. Hand Scranton, Pennsylvania. 
 
 Clarence D. Simpson . . Scranton, Pennsylvania. 
 
 Ninth, The post office addresses of the sub- 
 scribers and the number of shares of stock which 
 each agrees to take in the corporation, are as 
 follows : 
 
 Names. p. O. Addresses. No. of Shares 
 
 Subscribed. 
 
 Herman Bergholtz . . . .Ithaca, N. Y 146 
 
 De Forrest Van Vleet . . Ithaca, N. Y 5 
 
 Hnifh Duffey Cortland, N. Y. . . , . . § 
 
265 
 
 l,awreHce J. Fitzgerald . .Cortland, N. Y 5 
 
 Plummer S. Page .... Scranton, Pa. . . . ... 146 
 
 Horace E. Hand .... Scranton, Pa 146 
 
 Claience D Simpson . . .Scranton, Pa 147 
 
 In witness whereof, we have made and signed 
 this certificate in duplicate this 26th day of 
 September, 1895. 
 
 HERMAN BERGHOLTZ. (I,. S.) 
 
 DE F. VAN VLEET. (L. S.) 
 
 PLUMMER S. PAGE. (L. S.) 
 
 HORACE E. HAND. (E. S.) 
 
 CLARENCE D. SIMPSON. (L- S.) 
 
 HUGH DUFFEY. (L. S.) 
 
 L. J. FITZGERALD. (L. S.) 
 
 State of New York, ) ^^ . 
 County of Cortland, j 
 
 On this 28th day of October, 1895, before me, 
 the subscriber, personally appeared Hugh Duifey ■*^menr* ^' 
 and Lawrence J. P'itzgerald, to me known to be 
 the same persons described in and who executed 
 the foregoing instrument, and they severally 
 acknowledged to me that they executed the same. 
 
 FRANK E. PRICE, 
 
 Notary Public. 
 
 State of Pennsylvania, 1 . 
 County of Lackawanna, j 
 
 On this 5th day of October, 1895, before me, the Acknowiedg- 
 subscriber, personally appeared Plummer S. Page, 
 Horace B. Hand and Clarence D. Simpson, to me 
 
266 
 
 known to be tlie same persons described in and 
 who executed the foregoing instrument, and they 
 severally acknowledged to me that they executed 
 the same. 
 
 W. H. JESSUP, Jr. 
 (I^. S.) Notary Public. 
 
 State . of Pennsylvania, ) 
 County of Lackawanna, J 
 
 I, Clarence E. Pryor, Prothonotary of the Court 
 of Common Pleas, in and for said county, do 
 Certificate hereby certify that W. H. Jessup, Jr., whose name 
 is signed to the foregoing certificate of acknowledg- 
 ment, was, at the time of taking such acknowledg- 
 ment, a Notary Public in and for said county, duly 
 commissioned and sworn, and residing in said 
 county, aiid was at the time of taking such 
 acknowledgment duly authorized to take the same, 
 and authorized by the laws of said state to take 
 the proof and acknowledgment of deeds, and 
 administer oaths generally, and other instruments, 
 that I am well acquainted with the handwriting of 
 the said W. H. Jessup, and verily believe that the 
 above signature to said certificate of acknowledg- 
 ment is genuine. In testimony whereof, I have 
 hereunto subscribed my name and afl&xed my 
 oflScial seal, at Scran ton, in said county, the 5th 
 day of Oct., A. D. 1895. 
 
 C. E. PRYOR, 
 (I,. S.) Prothonotary. 
 
267 
 
 State of New York, I 
 County of Tompkins, J ^^" 
 
 On this 36th day of vSeptember, 1895, before me, 
 the subscriber, personally appeared Herman Acknowiedg- 
 Bergholtz and De Forrest Van Vleet, to me known 
 ■ to be the same persons discribed in and who exe- 
 cuted the forgoing instrument^ and they severally 
 acknowledged to me that they executed the same. 
 
 E. H. BOSTWICK, 
 
 Notary Public, 
 Tompkins Co. 
 State of New York, j 
 Tompkins County, >ss.: 
 Clerk's OfiEce, J 
 
 I, Leroy H. Van Kirk, clerk of said county, 
 and of the supreme and county courts thereof, 
 being courts of record, do hereby cetify that E. H. 
 Bostwick, Esq., was at the date of proof or ac- 
 knowledgment of the annexed instrument, a 
 notary public in and for said county, duly author- 
 ized and qualified to take the same, that I am well 
 acquainted with his handwriting and verily believe 
 that the signature to said certificate is genuine, 
 and that said instrument is executed and acknowl- 
 edged according to the laws of this State, to entitle 
 it to be recorded therein. 
 
 In testimony whereof, I have hereunto set 
 my hand and affixed the seal of said county and 
 courts at Ithaca, this 25th day of Oct. 1895. 
 
 By T. J. McEIvHENY, 
 Deputy Clerk. 
 
 Certificate 
 
Receipt 
 
 268 
 
 [Dupwcate] 
 $37 50 TREASURER'S OFFICE, 
 
 State of New York, 
 
 Albany, October 29, 1895. 
 
 Received from the Cortland Park Land Com- 
 pany thirty-seven dollars and fifty cents ($37.50), 
 in full of tax of one-eighth of one per centum upon 
 the capital stock of $30,000, of the above named 
 company, for the privilege of organization, pur- 
 suant to chapter 143, lavi^s of 1886. 
 
 WII^lvIS E. MERRIMAN, A. B. COLVIN, 
 
 Second Deputy Comptroller. Treasurer. 
 
 [Endorsed] 
 Cortland County, ss.: 
 
 Recorded on the 31st day of October, A. D. 1895, 
 Record at 2:i5 o'clock p. m., in book i, of Certificates of 
 
 Incorporation, at page 190, and examined. 
 
 E. C. PALMER, Clerk. 
 
 Filed October 31st, 1895, at 2:15 p. m. 
 
 E. C. PALMER, Clerk. 
 
269 
 
 Parties 
 
 Deed. 
 
 This Indenture, made this twenty-seventh day 
 of July, in the year of our Lord, one thousand 
 eight hundred and ninty-four, between Darwin 
 Totman and Esther J. Totman, his wife, of 
 Cortland, Cortland county, New York, of the first 
 part and Clarence D. Simpson, of the city of 
 Scrantou, in the state of Pennsylvania, of the 
 second part. 
 
 Witnessetbj That the said parties of the first 
 part, in consideration of the sum of sixteen 
 thousand seven hundred and forty dollars, to them consideration 
 in hand paid by the said party of the second partj 
 the receipt whereof is hereby confessed and ac- 
 knowledged, have bargained, sold, remised and 
 quitclaimed, and by these presents do bargain, sell, 
 remise and quitclaim unto the said party of the 
 second part and to his heirs and assigns forever, 
 
 All that tract or parcel of land, situate in 
 the town of Cortlandville, county -of Cortland, and 
 state of New York, and being part of lot No. 66 in D^^ipwo" 
 said town of Cortlandville, bounded and described 
 as follows ; Beginning in the center of the high- 
 
270 
 
 way ruuning east and west past the residence of 
 Mrs. Dr. H. A. Bolles, at tlie southwest corner of 
 her lands where there is a stone hub or stake, 
 with brick around it, and running thence north 
 along the west line of said Mrs. Bolles' laud and 
 lands of Timothy Rose forty-seven chains and 
 thirty-eight links to the south line of said Rose's 
 land; thence west along the south line of said Rose's 
 land twenty-one chains and fifty links to the center 
 of the Tioughnioga river; thence down the center of 
 the river as near aS may be, south 37" west three 
 chains and forty-nine links; thence north 74 J^° west 
 one chain and eighty -five links; thence south 31/^° 
 west eight chains and forty-four links; thence 
 south 11" east six chains and twenty-six links; 
 thence south 26^° west twelve chains and forty 
 links; thence south 33° west eight chains and 
 eleven links; thence south i8}4° west twelve 
 chains and seventeen links; thence south 23° west 
 eight chains and ninty-six links; thence south 16° 
 west ten chains and sixty-five links to the north 
 line of George Conable's land; thence south 85^° 
 east along the north line of said Conable's land 
 eleven chains and two links to the center of the 
 highway leading past the house of Nathan P, 
 Salisbury; thence north 18° east along the center 
 of said highway, four chains and thirty -five links; 
 thence north 205^° east along the center of said 
 highway, fourteen chains and thirty-one links to 
 the center of the first mentioned highway, where, 
 
271 
 
 the two highways intersect each other, it being 
 the northwest corner of George Conable's land; 
 thence south 85^° east along the center of the 
 highway twenty-seven chains and twenty-four 
 links to the place of beginning, -containing one 
 hundred, sixty-seven acres and one hundred and 
 thirty-eight rods of land, as surveyed by J. D. F. 
 Woolston, July 26, 1894. 
 
 The foregoing described premises are conveyed 
 by parties of first part, subject to a certain bond 
 and mortgage given by Nathan P. Salisbury and 
 wife to Chester F. Wichwire for $5,375.00, dated 
 September 27, 1889; recorded in Cortland county 
 clerk's office September 30, 1889, in liber 31, page 
 22, and upon which there is due at the date hereof 
 the sum of $4,499.59. Possession of said premises 
 to be given to party of second part at the date of 
 this instrument, except parties of first part reserve 
 to themselves all grass, hay and growing crops on 
 said farm and also possession of the house, barn 
 and outbuildings until March ist, 1895. 
 
 Together with all and singular the heredita- 
 ments and appurtenances thereto belonging or in 
 anywise appertaining, and the reversion and rever- 
 sions, reminder and reminders, rents, issues and 
 profits thereof and all the estate, right, title, interest, 
 claim and demand whatsoever, of the said parties 
 of the first part, either in law or equity, of, in and to 
 the above bargained premises, with the said here- 
 
 Mortgage 
 
 Habendum 
 
272 
 
 ditaments and appurtenances, to kave and to hold 
 the said above described premises to the said party 
 of the second part, his heirs and assigns, to the 
 sole and only proper benefit and behoof of the said 
 party of the second part, his heirs and assigns 
 forever. 
 
 In witness whereof, The parties of the first 
 part, have hereunto set their hands and seals the 
 day and year first above written. 
 
 Sealed and delivered in the presence of 
 
 DARWIN TOTMAN. (L. S.) 
 ESTHER J. TOTMAN. (I,. S.) 
 
 State of New York, ] 
 County of Cortland, Vss.: 
 Town of Cortlandville, } 
 
 On this 27th day of July, in the year eighteen 
 hundred and ninty-four, before me, the subrcriber, 
 Acknowie3g- personally appeared Darwin Totman and Esther 
 J. Totman, his wife, to me personally known to be 
 the same persons described in and who executed 
 the foregoing instrument, and they severally 
 acknowledged to me that they executed the same. 
 
 E. A. FISH, 
 Notary Public. 
 
 ment 
 
 Record 
 
 Recorded in county clerk's o£5ce, in book 91, of 
 deeds, page 477. 
 
273 
 
 Deed. 
 
 This Indenture, made this sixteenth day of 
 August in the year of our Lord, one thousand 
 eight hundred and ninety-four, between George 
 Conable, of the town of Cortlandville, county of 
 Cortland, and state of New York, of the first part, pa^'i^ 
 and Clarence D. Simpson, of the city of 
 Scranton, county of Lackawanna, and state of , 
 Pennsylvania, of the second part, 
 
 Witnessetb, That the said party of the first 
 part, in consideration of the sum of three thousand 
 eight hundred and ninety-seven dollars and twenty- 
 five cents ($3897.25), to him duly paid, has sold, consideration 
 and by these presents, does grant and convey to 
 the said party of the second part, his heirs and 
 assigns. 
 
 All that tract or parcel of land, situate in 
 the town of Cortlandville, county of Cortland, and 
 state of New York. It being a part of lots 66 and 
 76, town of Cortlandville, N. Y., bounded and d«<="p«o» 
 described as follows : Beginning in the centre of 
 the highway, running northerly and southerly 
 past the house of Nathan P. Salisbury at the 
 southeast corner of the Nathan P. Salisbury farm 
 
Reservation 
 
 274 
 
 and running thence south fifteen degrees west 
 along the center of said highway three chains and 
 fifteen links; thence south 6%° west along the 
 center of said highway nineteen chains and ninety- 
 two links; thence south 42JE^° west along the 
 center of said highway two chains and sixty-two 
 links to the center of the highway running east- 
 erly and westerly from Port Watson to McGraw- 
 ville; thence north 48^° west along the center of 
 the last-mentioned highway, four chains and fifty 
 links; thence north S2%° west along the said 
 highway two chains and ninety-one links to the 
 center of the driveway of the iron bridge standing 
 across the Tioughnioga river at Port Watson 
 street; thence north 2j^° west Up the center of the 
 river as near as may be, sixteen chains and fifly- 
 five links; thence north 6%° east up the center of 
 the river as near as may be, five chains and sixty- 
 three links to the south line of the Nathan P. 
 Salisbury farm; thence east on the south line of 
 the said Salisbury farm eleven chains and two 
 links to the center of the highway to the place of 
 beginning, containing twenty-two and twenty- 
 seven one hundredths acres of land, as surveyed, 
 by J. D. F. Woolton, July 28th, 1894, 
 
 Excepting and reserving therefrom to said George- 
 Conable the right tg take water for household 
 purposes from the spring on said tract through a 
 pipe, as now located, to the house on the opposite 
 side of the so-called "County House Road," pro- 
 
27S 
 
 vided tliat whenever a street is opened from the so- 
 called McGrawville road, across the above described 
 t^'act, such pipe shall be removed from its present 
 location and laid in such street, so as not to inter- 
 fere with the construction of any buildings which 
 may be erected on any lots abutting on said street. 
 
 With the Appurtenances, and all the estate, 
 title and interest therein of the said party of the 
 first part. And the said George Conable party of 
 the first part does hereby covenant and agree to and 
 with the said party of the second part, Jiis heirs 
 and assigns, that tiie^premises thus conveyed in 
 the quiet and peaceable possession of the said 
 party of the second part, his heirs and assigns, he 
 will forever warrant and defend, against any person 
 whomsoever lawfully claiming the same, or any 
 part thereof, 
 
 In witness whereof, The party of the first 
 part, has hereunto set his hand and seal the day 
 and year first above written. 
 
 GEORGE CONABI^E. (ly. S.) 
 
 Sealed and delivered in the presence of 
 
 State of New York, | 
 County of Cortland, >_ss.: 
 Village of Cortland, J 
 
 On this i6th day of August, in the year eighteen Acknowiedg- 
 hundred and ninety-four, before me, the sub- 
 
276 
 
 scriber, personally appeared George Conable, to 
 me personally known to be -the same person 
 described in and wlio executed the foregoing instru- 
 ment, and he acknowledged to me thatheexectfted 
 the same. 
 
 H. T. BUSHNEI^L, 
 
 Notary Public. 
 
 Recorded in county clerk's office, in book 90 of 
 Record deeds, page 432. 
 
277 
 
 Parties 
 
 Deed. 
 
 This Indenture, Made this i6th day of 
 December in the year of our Lord, one thousand 
 eight hundred and ninety-five (1895), between 
 Clarenee D. Simpson, and Catharine P., his 
 wife, of Scranton, Lackawanna county, Pennsyl- 
 vania, parties of the first part, and The Cortland 
 Park I/and Company, a corporation of the state 
 of New York, party of the second part, 
 
 Witnesseth, That the said parties of the first 
 part, in consideration of the sum of thirty-one 
 thousand ($31,000) dollars, to them duly paid, 
 have sold, and by these presents, do grant and consideration 
 convey to the said party of the second part, its 
 successors and assigns, all those tracts or parcels of 
 land situate in the town of Cortlandville, in the 
 county of Cortland, and state of New York, 
 described as follows, to wit : 
 
 The fir&t thereof, being a part of lots 6.6 and 
 76, town of Cortlandville, N. Y., bounded and 
 described as follows : Beginning in the center of 
 the highway running northerly and southerly p^st 
 the hou&e of Nathan P. Salisbury, at the south- 
 
278 
 
 east corner of the Nathan P. Salisbury farm, and 
 running thence south fifteen degrees west along 
 the center of said highway three chains and four- 
 teen links; thence south six and one-half degrees 
 west along the centre of said highway nineteen 
 chains and ninety-two links; thence south forty- 
 two and one-half degrees west along the center of 
 said highway two chains and sixty-two links to the 
 center of the highway running easterly and west- 
 erly from Port Watson to McGrawville; thence 
 north 48^ degrees west along the center of the 
 last mentioned highway four chains and fifty 
 links; thence north 82^ degrees west along the 
 said highway two chains and ninety-one links to 
 the center of the driveway of the iron bridge 
 standing across the Tioughnioga river at Port 
 Watson street; thence north two and one-half 
 degrees west up the center of the river as near as 
 may be sixteen chains and fifty-five links; thence 
 north six and one-fourth degrees east up the 
 center of the river as near as may be five chains 
 and sixty-three links to the south line of the 
 Nathan P. Salisbury farm; thence east on the south 
 line of the said Salisbury farm, eleven chains and. 
 two links to the center of the highway to the place 
 of beginning, containing twenty-two and twenty- 
 seven one hundredths acres of land as surveyed" 
 by J. D. F. Woolston, July 28th, 1894. 
 Exceptioa Mxceptltig and reserving, therefrom to said 
 
 George Conable the right to take water for house- 
 
279 
 
 hold purposes from the spring on said tract 
 ^through a pipe as now located to the house on the 
 opposite side of the so-called "County House Road," 
 provided, that whenever a street is opened from 
 the so-called McGrawville road across the above 
 described tract, such pipe shall he removed from 
 its present location and laid in such street, so as 
 not to interfere with the construction of any build- 
 ings which may be erected on any lots abutting 
 on said street. 
 
 Being the same premises conveyed to said Clar- 
 ence D. Simpson, by George Conable by deed, Redtai 
 dated i6th August, A. D. 1894, and recorded in 
 clerk's oflSce of Cortland county, in book No. 90 of 
 deeds, at page 432 
 
 The second thereof being all that tract or 
 parcel of land situate in the town of Cortlandville, 
 county of Cortland, and state of New York and 
 being part of lot No. 66, in said town of Cortland- 
 ville, bounded and described as follows : Begin- 
 ning in the center of the highway running east 
 and west past the residence of Mrs. Dr. H. A. 
 Bolles, at the southwest corner of her lands where 
 there is a stone hub or stake, with brick around 
 it, and runing thence north along the west line of 
 said Mrs. Bolles' land and lands of Timothy Rose 
 forty-seven chains and thirty-eight links to the 
 south line of said Rose's land; thence west along 
 the south line of said Rose's land twentv-one 
 
 Description 
 
280 
 
 chains and fifty links to the center of the Tiough- 
 nioga river; thence down the center of the river as 
 near as may be, south thirty-seven degrees three 
 chains and forty-nine links; thence north seventy- 
 four and one-half degrees west one chain and 
 eighty -five links; thence south thirty -one and one- 
 half degrees west eight chains and forty-four links; 
 thence south eleven degrees east six chains and 
 twenty-six links; thence south twenty-six degrees 
 west twelve chains and forty links; thence south 
 thirty-three degrees west eight chains and 
 eleven links; thence south eighteen and one- 
 half degrees west twelve chains and seven- 
 teen links; thence south twenty-three degrees 
 west eight chains and ninety-six links; 
 thence south sixteen degrees west ten chains 
 and sixty-five links to the north line of George 
 Conable's land; thence south eighty-five and three- 
 fourth degrees east along the north line of said 
 Conable's land, eleven chains and two links to the 
 center of the highway leading past the house of 
 Nathan P. Salisbury; thence north eighteen 
 degrees east along the center of said highway four 
 chains and thirty-five links; thence north twenty 
 and one-fourth degrees east along the center of 
 said highway fotirteen chains and ihirt3'-one links 
 to the center of the first mentioned highway where 
 the two highways intersect each other, it being the 
 northwest corner of Geo. Conable's land; thence 
 south eigl-^ty-five and one-half degrees east along 
 
Mortgage 
 
 281 
 
 the center of the highway twenty seven chains 
 and twenty-four links to the place of beginning, 
 containing one hundred sixty-seven acres and one 
 hundred and thirty-eight rods of land as surveyed 
 by J. D. F. Woolston, July 26, 1894. The fore- 
 going described premise^: are conveyed by parties 
 of first part, subject to a certain bond and mort- 
 gage given by Nathan P. Salisbury and wife to 
 Chester F. Wickwire for $5375.00, dated Septem- 
 ber 27th, 1889, recorded in Cortland county clerk's 
 office, September 30, 1889, in liber 31, page 22, 
 and upon which there is due at the date hereof 
 the sum of $4499.59. 
 
 Being the same premises conveyed to said 
 Clarance D. Simpson by Darwin Totman and wife 
 by deed, dated 27lh of July, A. D. 1894, and Recital 
 recorded in the clerk'^ office, of Cortland county, 
 in liber 91 of deeds, at page 477. 
 
 * Excepting and reserving, however, two cer- 
 tain portions of said tracts conveyed by said Simp- 
 son to The Cortland and Homer Traction Com- 
 pany, one deed being for 27.2 acres of land and 
 being recorded in the county clerk's office of Cort- 
 land county, on December 4, 1895; the other deed 
 teing for 2.456 acres, and intended to be recorded 
 forthwith. 
 
 Exception 
 
 * Interlineation made on 4th page before execution. 
 
Warranty 
 
 Record 
 
 282 
 
 With the Appnrtenances, and all the estate^ 
 title and interest therein of the said parties of the 
 first part. And the said parties of the first part 
 do hereby covenant and agree to and with the said 
 party of the second part, its successors and assigns, 
 that the premises thus conveyed in the quiet and 
 peaceable possession of the said party of the second 
 part, its successors and assigns they will forever 
 warrant and defend against anj?- person whomso- 
 ever lawfully claiming the same, or any part 
 thereof. 
 
 In witness whereof, the parties of the first 
 part have hereunto set their hands and seals the 
 day and year first above written. 
 
 CLARENCE D. SIMPSON. (Seal) 
 CATHARINE P. SIMPSON. (Skal) 
 
 Sealed and delivered in the presence of 
 
 HORACE E. HAND. 
 
 Duly acknowledged and recorded in book 94 of 
 deeds, page 419. 
 
HE 
 
 2791 C6 H23 
 
 Author Vol. 
 
 Hand, Horace E. 
 
 Title Copy 
 
 Charters, Mortgages, Franchise 
 
 
 
 Date 
 
 Borrower's Name 
 
 
 
 
 

 
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