1tk JelUorh iipntme aEourtixt CITY AND COUNTY OF NEW YORK.,:,, /.r. I N R A 1) I. t It D;\N ok ITHE MIDLAND TERMI-NAL A\ND FERRMY C'OMI ANY AXI) >Trilll:s. SummonIIs aild Complaint, Affidflvits and Order to Show (CTause. CHAPMAN, (), A u I'FOWLL, EvExINC; IPosi Si..iA\ l E'KESS:ES, 41 N\AS3AU SI'RF:'.,.ORN ER. LIEER'I'Y. I1 57. CITY AND COUNTY OF NEW YORK. CoNRAD N. JORDAN, Trustee, Plaintiff, against THE MIDLAND TERMINAL & FERRY Company, The National Union Bank of Monticello, Henry M. Boies,Isaac H. Bailey,Receiver; Francis C. Van Dyke, William C. Conner, sheriff, &c., The New Jersey Midland Railway Company, Garret A. Hobart and James McCulloh, Receivers; William H. Cobanks and Horace Theall, composing the firm of Cobanks & Theall; and Oliver Fiske, U. S. Mar- 3 shal. On the complaint in this action and the affidavits of Conrad N. Jordan and Charles Blair Burwell thereto annexed, let the defendants show cause, on the third Monday of July, 1875, at 12 o'clock noon, or as soon 2 4 thereafter as counsel can be heard, before one of the justices of this court, at a Special Term to be held at the chambers thereof, in the Court House, within and for the city and county of New York, why an injunction should not be issued restraining the defendant the sheriff of the city and county of New York and all of the other defendants from selling or meddling with the two ferry-boats or other property in said complaint described, and from interfering with the running of said ferry-boats, or the collecting of the tolls, income and profits thereof, and why a receiver should not be appointed of the said two boats and other property, 5 and of the tolls, income and profits therefrom, according to the prayer of the complaint, or why the plaintiff should not have such other or further reiief in the premises as may be proper. And in the mean time, and until the further order of this court, it is ordered that all proceedings for the sale of the said ferry-boats and other property, or of any part thereof, by the said sheriff of the city and county of New York, or.the other defendants, be and is hereby forbidden, restrained and stayed. GEO. C. BARRETT, J. S. C. 6 July 15, 1875. NEW YORK SUPREME COURT. 7 CONRAD N. JORDAN, Trustee, Plaintiff, against THE MIDLAND TERMINAL & FERRY Company, The National Union Bank of Monticello, Henry M. SumonsFor \ Summons~For Boies, Isaac H. Bailey,Receiver;' l f. Francis C. Van Dyke, William C. Conner, sheriff, &c.; The 8 New Jersey Midland Railway Company, Garret A. Hobart and James McCulloh, Receivers; William H. Cobanks and Horace Theall and Oliver Fiske, U. S. Marshal. To the defendants above named: You are hereby summoned and required to answer the complaint in this action, a copy of which is herewith served upon you, and to serve a copy of your 9 answer to the said complaint on the subscribers, at their office, No. 33 Wall street, New York city, within twenty days after the service of this summons on you, exclusive of the day of such service; and if you fail to answer the said complaint within the time aforesaid, the plaintiff in this action will apply to the court for the relief demanded in the complaint. Dated New York, July 12, 1875. CHAPMAN, SCOTT & CROWELL, Plaintiff's Attorneys. 4 10 SUPREME COURT, CITY AND COUNTY OF NEW YORK. CONRAD N. JORDAN, TRUSTEE, Plaintiff, against THE MIDLAND TERMINAL & FERRY Company, The National Union Bank of Monticello, Henry M. 11 Boies,Isaac H. Bailey,Receiver; Francis C. Van Dyke, Wm. C. Conner, sheriff, &c.; The New Jersey Midland Railway Company, Garret A. Hobart and James McCulloh, Receivers; William H. Cobanks and Horace Theall, composing the firm of Cobanks & Theall; and Oliver Fiske, U. S. Marshal. The above named plaintiff Conrad N. Jordan, as trustee named in the mortgage or trust deed first hereinafter mentioned, respectfully shows to this court, and alleges: 1st. That under and in pursuance of the laws of the State of New Jersey, and particularly under and in pursuance of an act of the Legislature of the said State of New Jersey, entitled "An Act to incorporate the Weehawken Transportation Company," approved March 22, 1871, there was created and organized a corporation under and by the name of " The Weehawken Transportation Company," with power and authority to establish a ferry between some suitable 5 point or points in -the city of New-York and the town- fh3 ships of Weehawken and Union, in said State of New Jersey, and with power to build boats, wharves, piers, bulkheads and all other improvements necessary to carry out the objects of said corporation, and.with all the other powers and privileges granted and conferred by the laws of the said State to other corporations therein. 2d. That thereafter, by a supplemental act of the Legislature of the said State of New Jersey, entitled, "A Supplement to an Act entitled' An Act to Incor"' porate the Weehawken Transportation Company, "' approved March 22d, 1871,' and which was approved 14 "' the 7th day of March, 1873, the name of the said "'The Weehawken Transportation Company,' was " changed to' The Midland Terminal & Ferry Company,' " and by that name it was declared and enacted that the said company or corporation should thereafter be known, and be entitled to all the rights, powers and privileges conferred by the act to which this was a supplement; and the said company was thereby further authorized and empowered to construct, maintain and operate a railroad or railroads to connect with any or all other railroads within certain limits specified- in said act; also to purchase, hold, lease, use, occupy, mortgage and sell such real and personal 15 estate as might be requisite or proper for the purposes of said company as provided in the said acts; and for the purpose of improving its property, and to enable it to carry into effect its objects, the said company-was also authorized and empowered to issue its bonds for any sums not exceeding two and a half million of dollars, and to secure the payment thereof was empowered to convey or pledge, by way of mortgage, trust or otherwise, its property, real and personal, and its franchises and chartered rights; and in and by tbe said supplemental act it was expressly declared and enacted that such conveyance, pledge, foreclosure or 6 16 other lawful sale by virtue thereof, should fully and completely transfer to and vest the grantee or purchaser with all the property, real and personal, franchises and chartered rights of said company; free from all incumbrances and debts that were not liens on such property prior to the recording or registry of saidconveyance or mortgage. 3. That thereafter, and on or about the 1st day of April, 1873, the said The Midland Terminal & Ferry Company, pursuant to the power and authority vested in it by the said above mentioned acts, and for the professed purpose of borrowing money to improve and 17 develop its property and carry out the objects for which it was created and organized, did resolve to issue its certain bonds to the amount of two million and five hundred thousand dollars, being of one-thousand dollars each, payable in gold coin to Samuel J. Tilden, or the holder, forty years from the date thereof and bearing interest at the rate of seven per cent., payable semi-annually also in gold coin, on the 1st days of April and October in each year, upon presentation and surrender of the doupons thereto annexed, and to secure the same by the mortgage to this plaintiff hereinafter mentioned. That the said bonds to the amount aforesaid were accordingly made and executed by the said Midland Terminal & Ferry Company, and that simultaneously with the said bonds the said Midland Terminal & Ferry Company, for the purpose of securing the payment of the same according to said resolution, made, executed, acknowledged and delivered in due form of law to this plaintiff as the trustee named therein, its certain indenture of mortgage of and upon all and singular its property of every nature and description, then held or whiob might be thereafter acquired by the said company, with the rights, privileges and franchises thereunto belonging, and it was expressly provided by said mortgage and therein covenanted and agreed that all boats, ferries, 7 and ferry-boats, and other property which then were 19 held by the said company, or should thereafter be acquired by it, should upon its acquisition become and be subject in all respects to the lien and operation of said mortgage, as will more fully appear by reference to the said mortgage, a copy of which is hereto annexed as a part of this complaint, and marked Schedule "A." And by the said indenture the said Midland Terminal & Ferry Company did further expressly covenant and agree to and with this plaintiff as such trustee, that in case of default in the payment of the interest on any of the said bonds on the day when the 2U same should become due and payable, and such default continuing for a period of six months, that then, after the expiration of said six months, the whole amount of principal and interest of the said bonds should become due and payable, and that the said company, upon demand of this plaintiff as such trustee, would assign and transfer to him the actual possession of all the property and premises granted, conveyed, recited, mentioned or intended to be embraced in the said mortgage or trust. And further, that in such case this plaintiff as such trustee should and might by himself, or his officers and agents, take and receive, collect and have the income and profits of the said railroad and railways, ferries, wharves and other property, and after payment of the current necessary operating expenses, taxes and other similar charges, to apply the same to the payment of all sums of money due and payable upon the aforesaid bonds. And the said mortgage also contained the usual provisions for the entry of this plaintiff as such trustee upon all of the mortgaged premises, and the sale thereof in case of default in the payment of the principal or interest of said bonds or any of them as aforesaid. That the trust created by the said indenture was duly accepted by this plaintiff, and the said mortgage 8 22 thereafter, and on or about the 16th day of April, 1873, was duly recorded, pursuant to the laws of New Jersey, in the office of the clerk of the county of Hudson, in said State, and that thereupon or shortly thereafter the said Midland Terminal & Ferry Company proceeded to and did negotiate, sell or dispose of, transfer and deliver a portion of the said bonds secured by the said mortgage, to divers individuals, who thereupon and thereby became the holders and bearers of the same for value, and entitled to the security of the said mortgage, and that the said bonds which were so negotiated, transferred and delivered, and which are still outstanding, and have not been paid, discharged or 23 canceled, amount to the sum of one hundred thousand dollars. And the plaintiff, upon information and belief, alleges that the parties to whom the said bonds were issued, transferred and delivered as aforesaid, and who now own and hold the same, have become and are the owners and holders thereof for a valuable consideration, upon the faith and security of the aforesaid mortgage and of the covenants and agreements therein contained, and are entitled to the benefit, security and indemnity of the said mortgage, and of all the property thereby intended to be mortgaged or conveyed. 4th. And the plaintiff further shows, that after the execution of the said mortgage, and on the 14th and 15th days of November, 1873, the said the Midland Terminal & Ferry Company acquired by purchase from the defendant the New Jersey Midland Railway Company, a corporation duly organized and existing in the State of New Jersey, the following described property, to wit: -Two steam ferry-boats called respectively the Midland and the Roslyn, with their tackle, apparel and furniture, and two ferry-houses, and shed, bridges, float, and racks for slip located at the slip at the foot of West Forty-second street in the city of New York, and 9 also a leasehold interest in said slip to run till 25 November 1, 1876. That the said The New Jersey Midland Railway Company sold and transferred the said two ferry-boats to the said Midland Terminal & Ferry Company by two several bills of sale, which were dated, duly executed and delivered to said Midland Terminal & Ferry Company on the 14th day of November, 1873, and were on the same day duly recorded in the Custom House in the city of New York, and of which copies are hereto annexed, marked respectively Schedules B and C, and that all the said other above mentioned and desciibed property was sold and transferred by the said The New Jersey Midland Railway Company to the said Milland Terminal & 26 Ferry Company Iby a bill of sale dated:iand wlich was delivered to said Midland Terminal & Ferry Company on the 15th day of November. 1873, and of which a copy is hereto annexed, marked Schedule "D." And the said ferry-boats and other property was delivered to the said Midland Teiminal & Ferry Company at the date of the said bills of sale. And the plaintiff claims and insists that the said two ferry-boats and other above described property, immediately upon the purchase and acquisition thereof by the said Midland Terminal & Ferry Company, became and was a part of the prop. erty mortgaged under and by the said indenture of mortgage so executed as aforesaid to this plaintiff by the said Midland Terminal & Ferry Company, and be- came and was and now is in all respects subject to the lien and operation of the said mortgage. 5th. The plaintiff further shows and alleges that default was made in the payment of the entire interest which became due and payable on the 1st day of October, 1873, and of the interest which became due and payable on the 1st day of April, 1874, and of the interest which became due and payable on the 1st day of October, 1874, and of the interest which became due and payable on the 1st day of April, 1875, upon the 2 10 28 said bonds secured by the said mortgage, and that the said company has never paid the whole or any part of the interest moneys, which became due and payable on the respective days above mentioned, and that ever since the said respective dates the said company has made default in payment of the several amounts of interest which, on said dates respectively, became due and payable upon the entire issue of 100 of said bonds, and that by reason thereof the plaintiff became, and at the time of the demand made by him upon the said company, and upon the defendant, the sheriff of the city and county of New York, as hereinafter mentioned, had, by the express terms of said mortgage, 29 become and was entitled to the actual possession of the said two ferry-boats anI other property hereinbefore described as well as of any and all other property conveyed by or embraced in the said mortgage, and that it became and is the duty and right of this plaintiff as such trustee to take actual possession of the said two ferry-boats and other property and of all the property, franchises, rights and things by said mortgage conveyed, and to collect all the tolls, income and earnings thereof, and to apply th e said earnings and income as in said mortgage directed. 6th. The plaintiff further shows that on the 18th 30 day of March, 1875, the defendant The National Union Bank of Monticello, in an action in the Supreme Court of the State of New York, held in and for the county of Sullivan, recovered a judgment against The New Jersey Midland Railway Company, Hezekiah Watkins, treasurer, Elisha P. Wheeler and John D. Watkins, for the sum of $4,086.80, which said judgment was docketed in the county of New York on or about the 23d day of April, 1875. That on the 18th day of May 1875, the defendant Henry M. Boies, in the Supreme Court of this State held in and for the city and county of New York, recovered a judgment against The New Jersey Midland Railway Company for the sum of 11 $10,047.23, which was docketed the same day in said 31 county of New York. That on the 18th day of May, 1875, the said defendant Henry M. Boies, in the said Supreme Court, recovered another judgment against the said The New Jersey Midland Railway Company, for the sum of $9,375.88, which was docketed the same day in the county of New I ork. That on the 23d day of April, 1875, the defendant Isaac H. Bailey, as Receiver of The National Bank of the Commonwealth, recovered a judgment in said Supreme Court against the said The New Jersey Midland Railway Company, for the sum of $3,332.94, which was docketed the same day in the county of 32 New York. That on the 29th day of June, 1875, the defendant Francis C. Van Dyke,in said Supreme Court, recovered a judgment against the said The New Jersey Midland Railway Company for the sum of $1,852.85, which was docketed the same day in the county of New York. And the plaintiff further shows that the said defendants The National Union Bank of Monticello, Henry M. Boies, Isaac"H. Bailey, Receiver, and Francis C. Van Dyke, at or about the time of the docketing in the county of New York of their said several above mentioned judgments, caused executions to be issued thereon to the sheriff of the city and county of New York against the said The New Jersey Midland Railway Company, and severally directed the said sheriff of the city of New York to levy upon the said two steam ferry-boats called the Midland and the Roslyn, and the two ferry.houses, sheds, bridges, float and rack for slip, located at the slip at the foot of West Fortysecond street, and also the leasehold interest in said slip, being the same property which, as hereiD before shown, was by the said New Jersey Midland Railway sold, transferred and delivered to the Midland Terminal & Ferry Company on the 14th and 15th days of November, 1873, and by the said Midland Terminal 12 34 & Ferry Company was conveyed and mortgaged to this plaintiff as aforesaid, and that pursuant to the directions of his said co-defendants herein, the defendant William C. Conner, as such sheriff, did thereupon, under the said several executions, levy upon and seize the said two ferry-boats and other property above described, and has ever since held and claimed to hold the said ferry-boats and other property under and by virtue of said executions and his levy there.under. 7th. The plaintiff further shows that on the 30th day of May, 1875, and again on the 7th day of May, 1875, this plaintiff, as the trustee named in said inden5 ture of mortgage, by-reason of and upon the ground of the failure of the Midland Terminal & Ferry Company to pay the interest which became due and payable on its said bonds as hereinbefore mentioned, and of the continuance of such default for more than six months, and up to that time and pursuant to the provisions of said mortgage in such case, duly demanded of the said company that it forewith assign and transfer in due form to this plaintiff the actual possession of all the property and premises granted, conveyed and mentioned in and covered by the said mortgage, and particularly the said two ferry-boats and other propertv above described, according to the terms of said mortfgge; but that the said company refused and 36 ne, ltcte t so to do. Ald the plaintliff further shows that on the 13th day of Mat3. 18i5, and after the said two ferry boats and oilier iabove dlescribed property had been levied upon by the said sheriff as aforesaid, and whilst the said sheriff held and claimed to hold the same by virtue of the said several above mentioned executions, this plaintiff, as such trusteee under the said mortgage, exhibited to the said sheriff the said original mortgage, and demanded of him the possession of said two ferryboats and other above described property, but that said sheriff refused and has ever since refused and ne 18 glected to comply with the safd demand, or to deliver 37 to this plaintiff the said property. And the plaintiff further shows that the said defendant Wm. C. Connor, as such sheriff, under the direction of said defendants the National Union Bank of Monticello, Henry M Boies, Isaac H. Bailey, Receiver etc., and Francis C. Van Dyke, still retains possession of the said two ferry-boats and other above described property, and under and by virtue of the said executions has advertised for sale, and threatens to sell the whole of the same, and, as this plaintiff is informed and believes, will proceed to sell the same unless prevented by this court. And the plaintiff further shows that at the time of 38 the seizure of the said boats and other property by the said sheriff as aforesaid, and for a long while prior thereto, the said Midland Terminal & Ferry Company was engaged in the running and conducting of a ferry therewith from the said slip at the foot of West Fortysecond street, and the said township of Weehawken, in New Jersey, and was receiving therefrom a large amount of tolls, income and profits, and that by reason of the said acts of the said defendant Wm. C. Conner, as such sheriff,and of his said co-defendants, this plaintiff is deprived of the possession and prevented from taking possession of the said ferry-boats and other property, and is deprived of and prevented from the running and operating said ferry, and from taking and receiving, collecting and having the income and profits of the said two ferry-boats and other property, as he has the right and it is his duty to do under the provisions of said mortgage. And the plaintiff further says that all of the other property covered by said mortgage is greatly incumbered, and that the said property so levied upon by the said sheriff is the only property covered by the said mortgage out of which there is any prospect and probability of receiving any money to pay the amounts due and payable upon the bonds secured by the said mortgage, and that it will break 14 40 up the said ferry and work irreparable damage to this plaintiff and the said bondholders to have the said boats and other property sold under the said executions, or to have the said ferry-boats and other property held, or the said ferry interfered with by the said sheriff or any of the said other defendants herein. 8th. The plaintiff further shows that on' or about the 30th day of March, in an action commenced in the Court of Chancery, in the State of New Jersey, by or in the name of George S. Coe and George Opdyke, trustees, against The New Jersey Midland Railway Company, and thereafter on the 25th day of June, 1875, in anaction commenced in the Supreme Court of this State, 41: at the city of New York, by the same parties, against the said The New Jersey Midland Railway Company, the defendants Garret A. Hobart and James McCulloh were by the said courts respectively appointed Receivers in said respective actions therein, and were empowered to take possession of the said New Jersey Midland Railway Company, and of all its property, with the usual powers of receivers in such cases. And that the said defendants Garret A. Hobart and James McCulloh, as such Receivers, claim to have some right, title, interest or lien in and upon, and to and to be entitled to the possession of the said two ferryboats and other property, and have claimed and demand the possession thereof, that this plaintiff does not know, and cannot state upon what ground the said last named defendants claim the said property, but he alleges and avers that the said New Jersey Midland Railway Company sold, assigned and transferred all of its rights, title and interest in the said property to the Midland Terminal & Ferry Company, on the 14th and 15th days of November, 1873, and that immediately thereon the same became subject to the lien and operation of the said mortgage to this plaintiff, as before alleged, and that if the said New Jersey Midland Railway Company, or the said receivers, have any claim, right, title or lien in, to or upon the said boats and 15 other property, the same arose and accrued subsequent-'43 ly to the said mortgage, and is subject thereto, and to the rights of this plaintiff thereunder upon the said property. 9th. And the plaintiff further shows that on or about the 9th day of June, 1875s the defendants, William H. Cobanks and Horace Theall, as copartners, composing the firm of Cobanks & Theall, of the city of New York, filed or caused to be filed in the District Court of the United States for the Southern District of New York, two several libels against the said ferry-boats Midland and Roslyn, and each of their tackle, apparel and furniture respectively, upon two 44, several causes of contract-civil and maritime-praying in each of said libels the usual process and monition of the said court in that behalf to be made, and that all persons interested in said vessels be cited to answer the premises, and that the said vessels be con-. demned and sold. And that thereupon, pursuant to the prayer of each of said libels, there was issued out of the said United States District Court to the defendant Oliver Fiske, who is the United States marshal for the Southern District of New York, and as such marshal the usual process of attachment against the said ferry-boats, respectively. And that the said defendant Fiske, as 4 such marshal, under and by virtue of said process, thereupon and on or about said 9th day of June, 1875, undertook to and now claims and pretends to have attached and to have taken into his custody the said two ferry-boats, and that the said two ferry-boats are now in his possession and subject to the said libels and the processes thereunder issued to him, and threatens to sell the said boats. But the plaintiff shows and alleges that at the time when the said libels were filed and the said processes thereon were issued to said defendant Fiske, the saidtwo ferry-boats were in the custody and possession of 16 46 the sheriff of the city and county of New York, who had levied upon and claimed to hold the same under and by virtue of the executions hereinbefore named. And the plaintiff further says that, as he is advised and believes, the said defendant Fiske, marshal as aforesaid, could not attach or take into his custody or acquire any lien upon the said ferry-boats whilst they were under the levy of said executions and in the possession and under the custody of the said sheriff of the city and county of New York. Wherefore the plaintiff demands judgment that all of the said above mentioned levies, seizures and attachments may be declared to be wrongful and illegal and 7 void, and be set aside, and that it may be adjudged and declared by this court that this plaintiff, as such trustee, is entitled and shall have the possession of the said two ferry-boats, their tackle, apparel and furniture and the said other hereinbefore described property. And that the said defendant the sheriff of the city and county of New York, and all of the other defendants be enjoined from selling or meddling with the said ferry-boats and other property, and from interfering with the running of the said ferry-boats or the collecting of the tolls, income and profits thereof, and that in the meantime during the pendency of this action and until the rights of this plaintiff and of the said several defendants in respect to said boats and other 48 property shall be adjudicated upon and determined, a receiver may be appointed to take possession of the said boats and other property, with power and authority therewith to conduct and manage and operate the said ferry according to the usual course of business thereof and to the best advantage for the interest of the parties concerned, and to collect and receive the tolls, income and profits thereof, and after paying all necessary disbursements and expenses in and about the running of said ferry, to hold the net balance of said proceeds subject to the further order of this court and until the final decision of this action. And that 17 in the meantime and until the final judgment herein 49 all the defendants may be enjoined and restrained by the order of this court from selling, taking or holding possession of or in any manner meddling or interfering with the said boats and other property. And that the plaintiff may have such other or such further order, judgment or relief in the premises as may.be just and equitable. CHAPMAN, SCOTT & CROWELL, Plaintiff's Attorneys. City and County of New York, ss.: Conrad N. Jordan, the plaintiff in the foregoing entitled action, being duly sworn, says: that the foregoing complaint is true of his own knowledge, except as to the matters therein stated on information and belief, and that as to those matters he believes it to be true. C. N. JORDAN. Sworn to before me, this 12th day of July, 1875, W. Q. RIDDLE, Notary Public, N. Y. Co. 51 Exhibit A. (Referred t6on'trhe foregoing Complaint.) This indenture, made the first day of April, in the year ono thousand eight hundred and seventy-three, between the Midland Terminal & Ferry Company, a corporation duly incorporated under and pursuant to the laws of the State of New Jersey, party of the first part, and Conrad N. Jordan, of the city and State of New York, as trustee, party of the second part. 3 18 5f::/hr-ea, The Midland Terminal-& Ferry Company is a corporation duly incorporated and existing under and pursuant to the laws of the State of New Jersey, with power to own, improve and develop its water-front in the Hudson river, in the township of Weehawken, and State aforesaid, and to construct railroads therefrom to connect with any railroads in the county of Hudson, in said city, and to make, maintain and use a tunnel under Bergen hill, and a railroad over the same-and for such purposes has, by its board of directors, resolved to borrow money to the amount of two millions and five hundred thousand dollars, and to issue bonds for the repayment thereof, which S3 said bonds are to be of the amount and denomination severally of one thousand dollars and five hundred dollars each, and are to stand equally secured according to their ambunts, by these presents, and are to be substantially of the following form of bond and coupon and guarantee, to wit: BOND OF $1,000. United States of America, State of New Jersey. No. $1,000. The Midland Terminal & Ferry Company seven per cent. first mortgage bond. 54 Payable in gold coin. Free of Government tax. The Midland Terminal & Ferry Company of the State of New jersey promises to pay to Samuel J. Tilden, or to the holder of this bond, forty years from the date hereof, for value received, the sum of one thousand dollars in United States gold coin, at par, at its agency in the city of New York, and also interest thereon from date at the rate of seven per cent. per annum, payable semi-annually in gold coin, as aforesaid, on the first days of April and October in each year, free from any United States government tax, upon presentation and surrender at said agency of the 19 annexed coupons as they severally become due, as 55 provided therein. This bond is one of a series of first mortgage bonds, amounting in the aggregate to twenty-five hundred thousand dollars, and consisting of one thousand bonds of five hundred dollars each, and two thousand bonds of one thousand dollars each, all bearing even date herewith, the payment whereof is secured by a first mortgage on the terminus and ferry of said company, its railway, tunnel, equipments and all appurtenances thereto, chartered'rights, franchises, and all other property in the State of New Jersey, executed in trust for the benefit of the holders of the said bonds to Conrad N. Jordan, trustee, and bearing date the first day 56 of April, A. D. 1873. This bond shall pass by delivery, or by transfer on the books of the company, in the city of New York, and at any other place which the company may determine, after a registration of ownership, certified hereon by the transfer agent of the company. No transfer, except upon the books of the company, shall be valid unless the last transfer be to bearer, which shall restore transferability by delivery, but this bond shall continue subject to successive registrations, and transfers to bearer as aforesaid, at the option of each holder. On a registration of ownership, the holder may at his option surrender the coupons, which will then be canceled, and thereafter interest will be payable to the registered holder or his attorney. This bond shall not become obligatory until the certificate endorsed hereon shall have beeni duly signed by the said trustee. In witness whereof, the said company has caused its corporate seal to be hereunto affixed, and these presents to be signed [SEAL.] by its president, and attested by its secretary, this first day of April, A. D. 1873. Attest. President. Secretary. 58 (Certificate.) I hereby certify that this bond is one of the series of first mortgage bonds referred to above, amounting in the aggregate to $2,500,000, secured by the mortgage above mentioned, duly executed and delivered to me as trustee, and recorded as authorized by law. Trustee. (Coupon.) $35 Gold. On the first day of October, 1873, The Midland Terminal & Ferry Company will pay the bearer at its agency in the city of New York, on surrender of this coupon, thirty-five dollars in United States gold coin 59 for six months interest due on that day, on its first mortgage bond. No. HEZEKIAH WATKINS, Secretary. (Guarantee.) The New York & Oswego Midland Railroad Company, The New Jersey Midland Railway Company, The Montclair Railway Company, and The Ridgefield Park Railroad Colmpany, for value received, do hereby jointly and severally guarantee the payment of the within bond, and of the several coupons thereunto belonging, as the same shall severally mature. As witness the respective corporate seals, and the signatures of the respective presidents of said companies this first day of April, A. D. 1873. N. Y. & O. M. R. R. Co. President Sel. N. Y. & O. M. R. R. Co. N. J.M. R'y Co. President Seal. N. J. M. R'y Co. Montclair R'y Co. President Seal. Montclair Railway Co. I R. P.R.R. Co. President Seal. Ridgefield Park R. R. Co. 21 Now, therefore, this indenture witnesseth that the 61 said party of the first part, for the purpose of securing and making more sure and certain the payment of the sums of money mentioned and provided for in the said bonds, bearing date as aforesaid, and each and every of them, with the interest thereon accruing after actual issue, according to the true intent and meaning thereof, and in consideration of the recited premises, the loan of said money, and the sum of one dollar to the said party of the first part in hand paid by the said party of the second part, at or before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged by the said party of the first part, has granted, bargained, sold, assigned, transferred and 62 conveyed, and by these presents does grant, bargain, sell, assign, transfer and convey unto the said Conrad N. Jordan, as trustee, tLe party of the second part aforesaid, and to his successor and successors in the trust, and to his and their heirs and assigns, all and singular its property and estate, real and personal, in the county of Hudson and State of New Jersey, land and lands under water, now and to be hereafter owned or used by it, docks, wharves, piers, bulkheads, slips, and other structures, tunnels, railroads, and all other property, with its equipments, and all appurtenances thereof, franchises, and all other property connected therewith, in the State of New Jersey; together with ~3. all and singular the lands, tracts, lines, rails, purchased or to be purchased, bridges, viaducts, culverts, ways, right of way, and materials, buildings, ferries and ferryboats, piers, wharves, erections, fences, walls, fixtures, privileges, easements, rights, under-leases, terms and parts of terms, agreements, covenants and contracts of all and every kind, franchises, rights and interests, real estate, personal property, choses in action, leasehold, and other things of and belonging to the said party of the first part, and connected with or appurtenant to its railroads, branches and extension thereof, tunnels, ferries, and other property of every kind, na 22 64 ture and character whatsoever, and all railway stations and depots, engine houses and machine shops, with all their appurtenances; and also all the boats, ferries and ferry-boats, locomotives, engines, tenders, cars of every kind, carriages, rolling stock, materials, tools and machinery, now owned or hereafter to be acquired by or belonging or appertaining to said property, and connected with the proper equipment, operation and conduct of the same; all of which personal chattels are hereby declared and agreed to be fixtures and appurtenances of the said property, and are to be used and sold therewith, and not separate therefrom, and are to be taken as a part thereof. And all tolls, incomes, issues and profits to be had or derived from the same, or any part or portion thereof, or from any part or portion of said term or terms, or either thereof, and all right to receive or recover the same. And together with all improvements or additions made or to be made to any or all of said properties, estates, ferries, tunnels, wharves, railroads or railways, and their appurtenances, by said party of the first part, or by others. And also all and every other estate, interest, property or thing which the said party of the first part owns and holds, or may and shall hereafter acquire and hold, necessary or convenient for the use, occupation and enjoyment of the aforesaid ferry, tunnels, railroads, railways, leases and property, rights, privileges and franchises, or any part or portion thereof. And also all rights and privileges to use the said ferries, tunnels, wharves, roadbeds, tracts, sidings, turnouts and switches constructed at the execution of these presents, or which may and shall be hereafter constructed, for the convenient use of said railroads and railways, ferries, piers and wharves, or any part thereof, as fully and effectually as the said company, the party hereto of the first part, is or may be, by law, entitled to have or to acquire. But nothing herein contained shall be held, understood or construed 23 67 to prevent the said party of the first part from selling, hypothecating, or otherwise disposing of anything received in payment of shares of capital stock, or on and for other interests, or from disposing of, by and with the consent, in writing, of the party of the second part, any lands, or other property and effects, not essential or necessary, in their judgment, to be retained for the said roadways, depots or station grounds, nor required for the construction or convenient use of the said railroads, ferry and other property, nor from selling shares, nor from collecting moneys due on capital stock, subscriptions or otherwise, or for other things, provided the said first party shall diligently proceed to apply all such means and proceeds to the improve- 68 ment and development of its said property, the constructing, finishing, repairing and equipping of said railroad, the construction of said tunnel, and to other like necessary purposes thereof, nor from receiving and using the income from the earnings of said properties; provided also that no default shall have been made, and at the time remain, in the payment of the interest or principal of any of the bonds hereby secured. But, even after default in the payment of interest, the said trustee shall have full power, in his discretion, upon the written request of the party of the first part, to convey, by way of release or otherwise, to the persons designated by the said party of the first part, any lands or property which, in the judgment of the said trustee, shall not be necessary for use in connection 69 with the said railroads and ferries, and also to convey, as aforesaid, on like request, any lands not occupied by the tract which may become disused by reason of a change of the location of the same, or of any station-' house, depot, shop or other building connected with the said roads, and such lands occupied by the tract, and adjacent to such station-house, depot, shop or other buildings as the said party of the first part may deem it expedient to disuse or abandon, by reason of such change, and to consent to any such change, and 24 70 such other changes in the location of the tract or depot, or other buildings, as shall have become expedient, and to make and deliver the conveyances necessary to carry the same into effect, but if any lands which may be acquired for permanent use, in substitution for any so released, shall be conveyed to the said trustee upon the trusts.of these presents, and the said trustee shall also have full power to allow the said party of the first, from time to time, to dispose of such portions of the equipment, machinery and implements at any time held or acquired by the said company as may have become unfit for such.use, replacing the same by new, which shall be conveyed to the said 71 trustee, or be otherwise made subject to the operation of these presents. To have and to hold the estate, property, rights, privileges, franchises and interests of the said party of the first part, together with all and singular the emoluments, income and advantages, tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, unto the said Conrad N. Jordan, the party of the second part, and his heirs, successor or assigns on the trusts and for the uses and purpose herein declared, and none other. Provided always, and these presents are made and executed upon the express condition, that if the said party of the first part shall well and truly pay, or cause to be paid to the holders of said bonds or obligations, intended to be secured hereby, and each and every of them after the same shall be issued, the principal sums of money herein respectively mentioned, at the maturity thereof, according to their true intent and meaning, with the interest thereon accruing at the time, and in the way and manner therein provided, according to the true intent and meaning of these presents, and shall in all respects, comply with the provisions of this instrument that then and from thenceforth, this indenture, and the estate hereby granted shall cease, 25 determine and be utterly void and of non effect, with- 73 out any other release or formal reconveyance, re-entry acknowledgment of satisfaction, or any other act whatsoever. And the said party of the first part, in consideration of the premises, hereby covenants and agrees to and with the said Conrad N. Jordan, his successor in said trust, heirs and assigns, that the said party of the first part will at any time or times hereafter, upon the reasonable request of the said party of the second part, his successors or assigns, execute and deliv'er or cause to be executed and delivered all and every such further and reasonable deeds, conveyances, assignmnents and assurances in the law for the better and more effectual vesting and confirming of the premises hereby granted or intended so to be, and especially for conveying any property subsequently to the date hereof acquired by the said party of the first part, and comprehended in the descriptions contained in these premises, if any such there be, which shall not inure to the use and benefit of the holders of the said bonds, under the terms and covenants of this indenture, to the said party of the second part, his successor, heirs and assigns, as by him or his counsel learned in the law shall be reasonably devised, advised or required, for the better effectuating of the objects and purposes of these presents. And further, that the said party of the first part will do and perform all the things on the part of the 75 said first party to be done and performed as hereinbefore set forth, and faithfully apply all the money and other things arising from the issue of said bonds, in good faith, to the improvement and development of its said properties and water front, the construction of its said tunnel, and to the construction and equipment of the said railroad, and to the purposes herein recited or mentioned as the objects hereof. And further, that the said first party will pay unto the holder or holders of the said bonds respectively the said principal sums of money therein respectively mentioned and as ex4 26 76 pressed therein, and the interest thereon, as the same shall become due and payable. And further, that in case of default in the payment of the interest on any day on which the same becomes due and payable, and such default continuing for a period of six months, that then, that is after the expiration of the said six months, the whole amount of principal and interest of the bonds hereby secured shall be deemed to become and shall be due and payable, and the said party of the firstpart shall and will, on demand made by the party of the second part, his successors or assigns, trustee for the time being, or his agent or agents duly authorized in writing, assign and transfer in due form to him or to 77 his agent or agents so authorized, the actual possession of all the herein granted and conveyed property and premises, and herein recited and mentioned, or intended to be embraced in this trust. And further, that. the expense of taking, holding and managing said property and premises, if possession be taken, shall be paid from the income, and, if necessary, from the sale of the property and premises by the said trustee for the time being. And further, that in such case the party of the second part, his successor in said trust and assigns, shall and may, by himself or his officers and agents, take and receive, collect and have the income and 78 profits of the said railroad and railways, ferries, wharves and other property, first applying the same to the payment and discharge of all current necessary operating expenses and repairs, including the expenses hereinbefore mentioned, and all taxes and other similar charges, and next to the payment of all sums of money due and payable upon the aforesaid bonds issued by said party of the first part, and hereby secured according to the tenor thereof And further, that the said party of the second part, his successor in said trust or assigns, having entered, as hereinbefore mentioned, into full possession of the premises, property and estate hereby conveyed (the 27 default still continuing), at his or their discretion, and 79 with the approbation of the Court of Chancery of said State, may, or on the written request of the holders of at least twenty per centum of the bonds hereby secured, and then outstanding unpaid, and upon being duly indemnified against any and all liability, damages, costs, charges and expenses by reason thereof, shall proceed to sell and dispose of, or cause to be sold and disposed of, all the premises, property and estate hereby conveyed or intended to be conveyed, or so much thereof as shall be necessary to pay and discharge the principal and interest according to the tenor thereof of all of such of said bonds hereby secured and then outstanding as may have been issued by the said first 8 party, and which then remain unpaid, together with all benefit and equity of redemption of said party of the first part therein, at public auction, in the city of New York, to the highest bidder, having previously given public notice of the time, place and terms of said sale, and of the specific property to be sold, by publishing the same in at least two newspapers of good generda circulation, in said city, and wherever else the said trustee may deem expedient or required by law, for a period of at least ninety days previous to such sale, and as the attorney or attorneys of the said first party, for that purpose by these presents duly constituted and appointed, make, execute ad deliver to the purchaser or purchasers thereof a good and sufficient deed or 81 deeds of conveyance in the law for the same, granting and assuring to said purchaser or purchasers all such estate, right, property and interest, and to the same extent as the said first party had therein at the date hereof, or at any time subsequent, and also a good and sufficient transfer and assignment of said personal property, choses in action, contracts and leases; and out of the moneys arising from such sale or sales to retain the cost and charges of advertisement of the said sale of the premises, and all other sums of money which said trustee or his successor in said trust may have been 28 82 obliged to pay by reason of his taking possession of and operating said premises, and a reasonable allowance for his own services, and for legal professional advice, aid and assistance in effecting and consmumating said possession, operation and sale; and also the principal and interest which shall then remain due and unpaid on said bonds remaining issued and outstanding and hereby secured as aforesaid for the benefit of, and to be paid to the holders thereof, and then restore the residue of the said proceeds to the said party of the first part; it being hereby expressly understood, that the bonds issued by said first party and secured by these presents shall be ratably received in payment 83 of said sale, by said trustee or his successor, in case any such sale shall be made at the option of the holder thereof; -and the said sale when fully consummated shall be a perpetual bar, both in law and equity, against the said party of the first part, and all persons claiming or to claim the premises, or any part thereof by, through or under said party of the first part, subsequent to the date of these presents. And this indenture further witnesseth that these presents and the said bonds hereby secured, or intended to be, are made, executed and issued or delivered upon the terms, conditions and agreements following, that is to say: 84 First.-That the actual possession, use, management and control of all the hereinbefore granted estate, property and premises shall.be and remain with the said il-art;'of the first part, so long as the bonds so issued shall be and remain without default or forfeiture. SecodJ. —That the said bonds shall be countersigned by the said party of the second part, and that the said party of the second part is hereby authorized and directed forthwith to issue bonds and to deliver over the same to said party of the first part, to the amount only 29 of one million five hundred thousand dollars, and that 85: the said trustee shall issue and deliver to the said party of the first part the remaining million of said bonds whenever the former fifteen hundred thousand dollars in bonds shall have been expended upon, and in developing said property. Third.-That in case of any vacancy in the said trusteeship, by the incapacity to act, death, or resignation of the said trustee or from any other cause, all his estate, right, interest, power and control shall be thereupon divested, and cease and determine, and the said company, party of the first part, and the holders of not less than forty per cent. in amount of the bonds 86 hereby secured and then outstanding, shall select a new trustee to fill the vacancy thereby created, and in case of disagreement between said company and the aforesaid holders of the said bonds, then, and in that case, the holders of not less than fifty per centum in amount of the said bonds hereby secured may, upon due notice to said party of the first part, apply to the Circuit Court of the United States for the district of New Jersey, or to the Court of Chancery of said State, to appoint a new trustee to supply the vacancy, and such proceedings may be had, and appointments and selections made as often as the like occasion may require the appointment of a trustee to execute the trust herein declared; and when so selected, such new trus-: tee shall thereupon become vested for the purposes of the said trust with all the estate, rights, interests, power, property or control hereby conveyed or granted to or vested in the said Conrad N. Jordan, by these presents without any further assurance, grant or conveyance of the same, as fully and effectually as if such appointment had been originally made herein. But if the same shall be necessary, both the said party of the first part and such new trustee, or either of them, shall make, execute and deliver all necessary conveyances and agreements and grants and powers and authorities for that purpose. 30 88 And it is further understood and agreed by and between the parties to these presents that the said party of the second part, his successor or successors in said trust, shall only be accountable for.reasonable diligence in the management thereof and shall not be responsible for the acts or negligence of any agent or agents necessarily employed by him or them when such agent or agents are selected with proper discretion, or with the approbation of the said party of the first part. And the officers of the said company shall have, at all times, tlie right to inspect the books kept by the Receivers of the said company ad' their agents. And this indenture further witnesseth that the said party of the second part hereby accepts the aforesaid trusts, and also covenants and agrees to and with the said party of the first part to execute the same upon the terms and conditions hereinbefore as well as hereinafter mentioned and provided, and which said terms and conditions are hereby mutually agred to and upon by both parties to these presents. In testimony whereof the said party of the first part, in pursuance of authority given by.law and in conformity with the order of its board of directors, has caused this indenture to be signed by C. A. Wortendyke, its President, and Hezekiah Watkins, its 9 Secretary, and the corporate seal of the company to be affixed thereto, and the party of the second part has hereunto subscribed his name and affixed his seal the day and year-first in this indenture written. The Midland Terminal & Ferry Company by C. A. WORTENDYKE, President, [L. S.] HEZEKIAH WATKINS, Secretary. C. N. JORDAN, Trustee. Signed, sealed and delivered in presence of' ELLIOT SANDFORD, as to the signature of Hezekiah Watkins. J. FLEMING, as to C. N. Jordan. 31 STATE OF NEW YORK, 91 City and County of New York, ss.: Be it remembered that on this eighteenth day of April,,in the year one thousand eight hundred and seventy-three, before me, the undersigned, commissioner to take acknowledgments for the State of New Jersey, residing in the State of New York, personally came Hezekiah Watkins, who is, I am satisfied. the Secretary of the Midland Terminal & Ferry Company of the State of New Jersey, who being by me duly sworn, and I having first made known to him the contents of the foregoing instrument, did depose and say: That he knows the corporate seal of said company; that the seal affixed to the foregoing instrument,:92 and attested by his signature is such corporate seal, and that the said seal was affixed to the said instrument by the order of the directors of said company; that Cornelius A. Wortendyke is the president of said company, and that the said Cornelius A. Wortendyke did sign, seal and deliver the said instrument, as and for the voluntary act and deed of said company by the like order of the directors of said company in deponent's presence, and that this deponent is the Secretary of said company, and that he did sign his name to the said instrument by the like order of the directors of said company. In witness whereof, I have hereunto set my hand and 93 official seal at the city of New York, this 18th day of April, A. D. 1873. ELLIOT SANDYfORD, A Commissioner for the State of New York. STATE OF NEW YORK, City and County of New York, ss' I Elliot Sandford, a commissioner for the State of of New Jersey, residing in said city of New York, do certify that on the eighteenth day of April, A. D. 1873, at the city aforesaid, personally appeared Conrad N. 32 94 Jordan, known to me to be the individual described in and who has executed the foregoing instrument as:Trustee, and the contents thereof being by me first made known, he acknowledged to me that he signed, sealed and delivered the same as his voluntary. act and deed for the purposes therein mentioned. In witness whereof I have hereunto set my hand and official seal this said 18th day of April, 1873. ELLIOT SANDFORD, A Commissioner for the Sta:te of New Jersey. 95 Exhibit B. (Referred to in the foregoing Complaint.) Bill of Sale-Enrolled Vessels. CAMPBELL & GARDINER, CUSTOM HOUSE BROKERS, and Notaries Public, Custom House, New York. To all whom these presents shall come, Greeting: Know ye, that we, The New Jersey Midland Railroad Company of New Jersey, incorporated by the 96 State of New Jersey, are sole owners of the vessel called the Midland of New York, of the burden of 402 -o8 tons, or thereabouts, for and in consideration of the sum of forty thousand dollars lawful money of the United States of America, to us in hand paid before the sealing and delivery of these presents, by the Weehawken Transportation Co., incorporated by the State of New Jersey, the receipt whereof we do hereby acknowledge, and are therewith fully' satisfied, contented and paid, have bargained and sold, and by these presents do bargain aud sell unto the said The Weehawken Transportation Company and their successors, executors, administrators and assigns, the 33 whole of the said steamboat or vessel, together with 97 all and singular the machinery, the masts, bowsprit, sails, boat, anchors, cables, tackle, furniture, and all other necessaries thereunto appertaining and belonging; the certificate of enrollment of which said steamboat or vessel is as follows, to wit: ENROLLMENT. PERMANENT. No. 53. Enrollment, in conformity to an act of the Congress 98 of the United States of America, entitled " An Act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same," approved February 18, 1793; and of " An Act to regulate the admeasurement of tonnage of ships and vessels of the United States," approved May, 6, 1864. H. Watkins, Secretary, of city, county and State of New York, having taken or subscribed the oath reqnired by the said act, and having sworn that he, together with different persons, stockholders in The New Jersey Midland Railroad Company of New Jersey, are citizens of the United States and sole owners of the ship or vessel called tha Midland of New York, whereof 9 E. N. Shaw is at present master, and, as he hath sworn, is a citizen of the United States, and that the said ship or vessel was built at Brooklyn, State of ew York, in the year one thousand eight hundred and seventy-two, as per certificate of builder filed in this office this day. And J. L. Benedict, depty surveyor, having certified that the said ship or vessel has one deck and mast and that her length is 132 feet tenths, her breadth 27 feet 6-tenths, her depth 10 feet 4-tenths, and that she measures 402 88-hundredths tons, viz.: 5 34 100 ToNs. 1-100. Capacity under tonnage deck......... 232 27 Capacity between decks above tonnage' deck, cabins................... 78 82 Capacity of enclosures on upper deck.. 91 79 viz.: Total tonnage................ 402 88 That she is a steamboat, has a round head and 101 round stern, and that the said H. Watkins, secty., having agreed to the description and admeasurement above specified, and sufficient security having been given according the said act, the said st. ferry bt. has been duly enrolled at the port of New York. Given under our hands and seals of office, at the port of New York this 7th day of Sept., in- the year one thousand eight hundred and seventy-two. To have and to hold the said steamboat, vessel and appurtenances thereto belonging unto them, the said The Weehawken Transportation Company, their suc102 cessors, executors, administrators and assigns, to the sole and only proper use, benefit and behoof of them the said The Weehawken Transportation Company, their successors, executors, administrators and assigns, forever. And we the said The New Jersey Midland Railroad Company of New Jersey, have and by these presents do promise, covenant and agree for ourselves and our successors, heirs, executors and administrators, to and with the said The Weehawken Transportation Company, heirs, executors, administrators and assigns, to warrant and defend the said st. boat or vessel and all the other before mentioned appurte 35 nances against all and every person and persons whom- 103 Soever. In testimony whereof we, the said New Jersey Midland Railroad Company of New Jersey, have hereunto set our hand and seal this 14th day of November, in the year eighteen hundred and seventythree, C. A. WORTENDYKE, President. [Corporate Seal]. Sealed and delivered in the 1 presence of E. N. SHAW. 104 STATE OF NEW YORK, s City and County, f Personally apppeared before me C. A. Wortendyke, President of the New Jersey Midland Railroad Company of New Jersey, and for the said company as well as for himself, and acknowledged the within instrument to be their free act and deed. In testimony whereof, I have hereunto set my hand and seal this 19th day of November, in the year one thousand eight hundred and seventy-three. HY. COMERDON, Jr., Notary Public. 105 Exhibit C. (Referred to in the foregoing Complaint.) Bill of Sale-Enrolled Vessels. CAMPBELL & GARDINER, CITSTOM HOUSE BROKERS, and Notaries Public, Custom House, New York. To- all whom these presents shall come, Greeting: Know ye, that we, The New Jersey Midland Rail 36 106 way Company of New Jersey, incorporated by the State of New Jersey, sole owners of the St. Bt. or vessel called the Roslyn, of New York, of the burthen of 500-O tons, or thereabouts, for and in consideration of the sum of forty thousand dollars, lawful money of the United States of America, to us in hand paid before the sealing and delivery of these presents, by The Weehawken Transportation Company, incorporated by the State of New Jersey, the receipt whereof we do hereby acknowledge, and are therewith fully satisfied, contented and paid, have bargained and sold; and by these presents do bargain and sell unto the said the Weehawken Transportation Company, their succes107 sors, executors, administrators and assigns, the whole of the said St. Bt. or vessel; together with all and singular the machinery the masts, bowsprit, sails, boat, anchors, cables and all other necessaries thereunto appertaining and belonging; the certificate of enrollment of which said St. boat or vessel is as follows, to wit: ENROLLMENT. PERMANENT. No. 102. Enrollment, in conformity to an Act of Congress of the United States of America, entitled "An Act for 108 enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same," approved February 18, 1793; and of " An Act to regulate the admeasurement of tonnage of ships and vessels of the United States," approved May 6, 1864, C. A. Wortendyke, of New York, in the State of N.Y., having taken or subscribed the oath required by the said act, and having sworn that he together with different persons, stockholders in The New Jersey Midland Railway Company, are citizens of the United States, and sole owner of the ship or vessel called the Roslyn of New York, whereof 37 is at present master, and as he hath sworn, is a citizen 109 of the United States, and that the said ship or vessel was built at New York, State of N. Y., in the year one-thousand eight hundred and sixty, as per enrollment No. 55, issued at this port, October 6, 1870, now canceled, property changed. And said enrollment having certified that the said ship or vessel has one deck and no mast, and that her length is 140 5-tenths, her breadth 33 1l-tenths, her depth 11 2-tenths, and that she measures 500 25hundredths tons, viz.: TONS. 1-100. 110 Capacity under tonnage deck........ 278 50 Capacity between decks above tonnage deck, cabins.................... 221 75 Capacity of enclosures on upper deck. viz.: Total tonnage.... 500 25 That she is a steamboat has and head; and that the said C. A. Wortendyke, having agreed to the description and admeasurement above specified, and sufficient se- i1 curity having been given according the said act, the said steamboat has been duly enrolled at the port of New York. Given under our hands and seals of office, at the port of. this 19th day of January in the year one thousand eight hundred and seventy-one. To have and to hold the said steamboat or vessel and appurtenances thereto belonging, unto them, the said The Weehawken Transportation Company, their 38 112 successors, executors, administrators and assigns, to the sole and only proper use, benefit and behoof of them, the said The Weehawken Transportation Company, their successors, executors, administrators and assigns, forever; and we, the said The New Jersey Midland Railway Company, their successors, have and by these presents do promise, covenant and agree, for ourselves our heirs, executors and administrators, to and with the said The Weehawken Transportation Company, their successors, heirs, executors, admistrators and assigns, to warrant and defend the said steamboat or vessel and all the other before mentioned appurtenances against all and every person and i13 persons whomsoever. In testimony whereof, we, the said New Jersey Midland Railway Company have hereunto set our hands and seals, this 14th day of November in the year eighteen hundred and seventy-three. C. A. WORTENDYKE. Sealed and delivered in the [Corporate Seal.] presence of E. N. SHAW. STATE OF NEW YORK,.: City and County, ss 114 Personally appeared before me, C. A. Wortendyke, President of the New Jersey Midland Railway Company of New Jersey, and for the said company as well as for himself acknowledged the within instrument to be their free act and deed. In testimony whereof, I have hereunto set my hand and seal of office, this 14th day of November, in the year one thousand eight hundred and seventy-three. HY. COMERDON, Notary Public. 39 Exhibit D. 115 (Referred to in the foregoing Complaint.) NEW JERSEY MIDLAND RAILWAY CO., ) President's Office, 25 Nassau street, New York, November 15th, 1873. WEEHAWKEN TRANSPORTATION CO.: Bo't of New Jersey Midland Railway Co.: The two ferry-houses, sheds, bridges, float and racks for slip, and the right of lease of ferry slip to run till November 1st, 1876, at the foot of West 42d street, North river, for the sum of ($10,000) ten thousand dollars. 116 $10,000. Rec'd payment. NEW JERSEY MIDLAND RY. CO., By C. A. Wortendyke, President. 40 117 IN THE SUPREME COURT, CITY AND COUNTY OF NEW YORK. CONRAD N. JORDAN, Trustee, Plaintiff, agst. THE MIDLAND TERMINAL & FERRY Company, the National Union Bank of Monticello, Henry M. Boies, Isaac H. Bailey, Re118 ceiver; Francis C. Van Dyke, Wm. C. Conner, Sheriff, &c.; The New Jersey Midland Railway Company, Garret A. lIobart and James McCulloh, Receivers, William H. Cobanks and'Horace Theall, composing the firm of Cobanks & Theall; and Oliver Fiske, U. S. Marshal. City and County of New York, ss.: 119 Conrad N. Jordan, the plaintiff in the above entitled action, being duly sworn, says: That his knowledge as to the allegations contained and set forth in the first and second paragraphs of said complaint are derived from copies of the said acts of the Legislature of the State of New Jersey, contained in printed volumes of the laws of said State, published under and by its authority, and also from statements made to this deponent by the officers of the defendant The Midland Terminal & Ferry Company. That the allegations contained in the third paragraph of the said complaint as to the execution, acknowledgment and delivery to him by the said Mid 41 land Terminal & Ferry Company of the mortgage 120 therein mentioned and of the making and execution of the bonds to be secured thereby, and as to the amount of said bonds which were negotiated and are still outstanding and unpaid, are within his personal knowledge, and that he has read and has in his possession the said original mortgage, and knows that the allegation of said complaint as to the terms and provisions of the said mortgage are true and correct. That he knows the matters set forth in the fourth paragraph of said complaint to be true from having seen and inspected the original bills of sale therein mentioned, of which copies are annexed to said complaint, and also from the statements of Delos E. Cul- 121 ver, the Vice-President of said Terminal & Ferry Company. That the statements contained in the fifth paragraph of said complaint as to the default of the said Midland Terminal & Ferry Company to pay the interest on its said outstanding bonds, as alleged in said complaint, are true to his personal knowledge in respect to eighty-five of said bonds, and that in respect to the remaining fifteen, the allegations of said complaint are based upon the statements made to deponent by the agent of the owners thereof. That his knowledge as to the allegations contained in the 6th paragraph of said complaint are derived2 from the written certificate of the sheriff of the city and county of New York, setting forth the various executions held by him against the said New Jersey Midland Railway Company, and the statements of said sheriff to this deponent, and also from a search and inspection of the record made by Charles B. Burwell on deponent's behalf, in the office of the clerk of the city and county of New York. That the allegations contained in the 7th paragraph of said complaint as to the demands made by this deponent upon the said Midland & Ferry Company and the said sheriff, and in respect to the said ferry, are true to deponent's personal knowledge. 42 123 That the allegations contained in the 8th paragraph of said complaint are based upon the statements made to this deponent by the defendants Garret A. Hobart and James McCulloh, and from copies of the orders of the. Court of Chancery of New Jersey, and of the Supreme Court of this State appointing said Receivers, now in deponent's possession. That his knowledge and the grounds of his belief as to the allegations contained in the 10th paragraph of said complaint in respect to the libels filed in the United States District Court are derived from and based upon the statements of C. B. Burwell, who, as deponent is informed by him, and believes, has in124 spected the said libels on file in said United States District Court, and the process thereon issued and the return of the said marshal thereon. C. N. JORDAN. Sworn to before me this 12th i day of July, 1875, CHS. BLAIR BURWELL, Notary Public, Kings County, N. Y. City and County of New York, ss.: Charles B. Burwell, of said city and county, being 125 duly sworn, says: That he is managing clerk in the office of Chapman, Scott & Crowell, and has read the foregoing complaint, and knows the contents. That the allegations contained in the 6th paragraph of said complaint in respect to the recovery and docketing of the judgments therein mentioned, he knows to be true, from an inspection made by him of the dockets of judgments in the office of the clerk of the city and county of New York. And that within ten days he has been informed, at the sheriff's office, that executions were issued to him upon said several judgments, and that under and by virtue of said executions the said sheriff has levied upon, claims to hold, and 43 has advertised for sale the ferry-boats and other prop- 126 erty in this behalf mentioned in said complaint. That the allegations contained in the 10th paragraph of said complaint, in respect to the two libels therein mentioned, and the proceeding thereunder, he knows to be true from an inspection and the perusal by him of the two libels therein mentioned, on file in the United States District Court, and of the processes thereon issued, and of the return made by the defendant Fiske, the United States marshal, to said processes. Deponent further says that the reason why an order to show cause is required for the purposes of the motion herein is that the said ferry-boats and other property mentioned in the complaint have been ad- 127 vertised for sale by the sheriff on the 14th day of July instant, and that there is not sufficient time to give the ordinary notice of motion; and deponent further says that this action is not at issue, and that none of the defendants have yet been served with the complaint or have appeared therein. CHS. BLAI BURWELL. Sworn to before me the 12th l day of July, 1875, HORACE G. LANrING, Notary Public, Kings County, N. Y. 1 128 iL4q t^Ii S ^