then crossing 137th street at or near its intersection with Lincoln avenue; then crossing Lincoln avenue between 137th street and 138th street; then crossing 138th street and 139th street, between Alexander avenue and Third avenue; then crossing Alexander avenue, between 139th street and 140th street; then running substantially parallel to 139th street and crossing Willis avenue, Brook avenue and St. Ann's avenue, between 139th street and 140th street; then crossing 140th street, between St. Ann's avenue and Cypress avenue; then crossing Cypress avenue and 141st street at or near their intersection; then crossing Powers avenue, between 141st street and 142nd street; then crossing Robbins avenue and 142d street at or near their intersection; then crossing St. Mary's street, between Robbins and Concord avenues; then crossing Concord avenue between St. Mary's and St. Joseph's streets; then crossing St. Joseph's street, between Concord and Wales avenues, crossing Wales avenue and Crane street at or near their intersection, and crossing Beach avenue and Dater street at or near their intersection; then crossing Union avenue, between 149th street and Southern boulevard; then crossing 149th street, between Union avenue and the Southern boulevard; then crossing Prospect avenue and St. John's avenue between Fox street and the Southern boulevard; then crossing Leggett avenue and Fox street at or near their intersection; then running substantially parallel with Fox street and crossing Craven street, Longwood avenue, Intervale avenue, Tiffany street, and Barretto street, between Fox street and the Southern boulevard; then crossing Dongan street at or near the intersection of Fox street; then crossing Southern boulevard and Aldus street at or near their intersection; then crossing Hoe street and Guttenburg street at or near their intersection; then crossing Westchester avenue between Faile street and Hoe street; then crossing 167th street between Bryant street and West Farms road; then crossing Bryant street, between 167th street and West Farms road; then crossing West Farms road at or near its intersection with Longfellow street, Home street and Freeman street; then crossing Jennings street, between Longfellow street and Boone street; then running substantially parallel with Longfellow street and crossing 172d street, 173d street, 174th street and 176th street, between Longfellow and Boone streets; then crossing Rodman place, between Longfellow street and West Farms road; then crossing West Farms road, between Rodman place and Boston road; then crossing the Bronx river southerly from Tremont avenue or West Farms road, and running substantially parallel with West Farms road or Tremont avenue to or near the point of crossing the West Farms road, and crossing that road and Bronx Park avenue at or near their intersection; then crossing Lebanon street and 180th street, between Bronx Park avenue and Morris Fark avenue; then running between Bronx Park avenue and Morris Park avenue, and crossing old West Farms road, and crossing Unionport road between Mianna street and Birchall avenue; then crossing Oakley street, between Mianna and Sagamore streets; then crossing White Plains road at or near the intersection of Sagamore street; then crossing Brown avenue and Sagamore street at or near their intersection; then crossing Hunt avenue and Bear Swamp road at or near their intersection; then crossing Lincoln street, Jefferson street, Madison street and Bear Swamp road- Bronxdale avenue - or any extension thereof, and crossing Bronx and Pelham parkway and Williamsbridge road at or near their intersection; then cross

ing Saw Mill lane, between Williamsbridge road and Eastchester road; then crossing Eastchester road near its intersection with Syracuse avenue; then crossing Birch street at or near its intersection with Syracuse avenue; then crossing Cedar street, Oak street and Walnut street, between Kingston avenue and Syracuse avenue; then crossing Chestnut street at or near its intersection with Kingston avenue; then crossing Kingston avenue at or near its intersection with Chestnut street; then crossing Ash street; then crossing Boston road and running approximately parallel with Boston road and crossing Schiefflin's lane, Fifth avenue, and continuing to a point in the northerly line of the city of New York between the road to White Plains and Fifth

avenue.

All as shown on maps entitled: "Maps and Profile of the Amended Route of the New York, Westchester and Boston Railway Company, Section 1," adopted by the board of directors of said Company on the 20th day of May, 1904, and signed by William L. Bull, president; John Bogart, engineer, and H. C. Winchester, secretary, under seal, which map and profile were filed in the office of the county clerk of the city and county of New York on the 23d day of June, 1904, and "Map and Profile and the Amended Route of the New York, Westchester and Boston Railway Company, Section 2, from the Bronox river to the city line, adopted by the board of directors of said Company on the 8th day of July, 1905, and signed by William L. Bull, president; William A. Pratt, chief engineer, and R. C. Colman, secretary, under seal, which map and profile was filed in the office of the county clerk of the city and county of New York, on the 10th day of July, 1905, or any lawful amendment thereof consented to by the Board of Estimate and Apportionment; which route shall be in substitution for the route designated as "First Main Line" in section 1 of the ordinance approved by the mayor August 2, 1904.

November 20, 1908, by resolution adopted by the Board of Estimate and Apportionment, approved by the mayor November 30, 1908, and previous to the issuing of the certificate of convenience and necessity as described above, the franchise granted to the Company in 1904, and as amended in 1905, was again amended in several particulars. These particulars are set forth in full in the resolution.

The main line and branch line of the route as amended by this franchise, were made to read as follows:

Beginning at a point on the Harlem river near the point where Lincoln avenue intersects the north bank of the Harlem river in the borough of the Bronx, and crossing Lincoln avenue between the Harlem river and 132d street; thence running easterly substantially parallel to 132d street between 132d street and the Harlem river; thence crossing 132d street at or near its intersection with Willow avenue; thence crossing 133d street, 134th street, 135th street, 136th street, 137th street and 138th street, between Willow avenue and the Harlem river and Port Chester railroad; thence northerly parallel to the Harlem river and Port Chester railroad and crossing 139th street, 140th street and 141st street, between Southern boulevard and the

Harlem river and Port Chester railroad; thence northerly parallel to the Harlem river and Port Chester railroad to Westchester avenue and crossing 149th street, Leggett street, 156th street, Longwood avenue, Lafayette avenue, Tiffany street, Barretto street, Hunts Point road, Faile street, Bryant street, Longfellow street, proposed Ludlow avenue and Whittier street, between Whitlock avenue and the Harlem river and Port Chester railroad; thence crossing Westchester avenue at or near its intersection with Edgewater road; then running northerly substantially parallel to the Harlem river and Port Chester Railroad to 174th street, and crossing 172d street between the Bronx river and the Harlem river and Port Chester Railroad; thence crossing 174th street and Van Nest avenue, between Devoe avenue and the Harlem river and Port Chester Railroad; thence running northerly substantially parallel to Devoe avenue and crossing 177th street, Wyatt street and Walker avenue (West Farms road), between Devoe avenue and Berrian street; thence crossing 179th street and Lebanon street, between Devoe avenue and Berrian street; thence crossing 180th street and Berrian street, at or near their intersection; thence crossing Adams street, between Morris Park avenue and the easterly line of Bronx park; thence crossing Berrian street, between Morris Park avenue and Bronx park; thence to and crossing Unionport road, between Mianna street and Birchall avenue; thence crossing Oakley street, between Mianna street and Sagamore street; thence crossing White Plains road, at or near the intersection of Sagamore street; thence crossing Brown avenue and Sagamore street, at or near their intersection; thence crossing Hunt avenue and Bear Swamp road at or near their intersection; thence crossing Bronx and Pelham parkway and Williamsbridge road at or near their intersection; thence crossing Saw Mill lane, between Williamsbridge road and Eastchester road; thence crossing Eastchester road near its intersection with Syracuse avenue; thence crossing Birch street at or near its intersection with Syracuse avenue; thence crossing Cedar street, Oak street and Walnut street, between Kingston avenue and Syracuse avenue; thence crossing Chestnut street and Kingston avenue at or near their intersection; thence crossing Ash street, between Kingston avenue and Cornell avenue; thence crossing Boston road at or near its intersection with Schiefflin's lane; thence crossing Fifth avenue or Dyre avenue, between Boston road and Kingsbridge road; thence continuing to a point in the northerly line of the city of New York, between Fifth avenue and the road to White Plains (Columbus avenue).

Branch Line — Beginning at a point on the main line near the junction of Walker avenue (West Farms road) and Devoe avenue; thence running southerly, crossing Wyatt street and Tremont avenue, between Devoe avenue and Berrian street; thence crossing Van Nest avenue and the New York, New Haven and Hartford Railroad between 174th street and Tremont avenue; thence running between Craighill and Chanute avenues and crossing Bronx River avenue, Beacon avenue, Randolph avenue, Westchester avenue, Watson avenue, Ludlow avenue, Story avenue and Lafayette avenue; thence crossing Craighill avenue and Morrison avenue, between Lafayette avenue and Seward avenue; thence crossing Seward avenue between Morrison avenue and Harrod avenue; thence crossing Harrod avenue, Metcalf avenue and Fteley avenue, between Seward avenue and Randall avenue; thence crossing Randall avenue at or near its intersection with Croes avenue; thence crossing Noble

avenue, Rosedale avenue and Commonwealth avenue, between Randall avenue and Lacombe avenue; thence crossing Lacombe avenue between Commonwealth avenue and St. Lawrence avenue; thence crossing St. Lawrence avenue, Beach avenue and Taylor avenue, between Lacombe avenue and Patterson avenue; thence crossing Patterson avenue at or near its intersection with Thieriot avenue; thence crossing Leland avenue, between Patterson avenue and O'Brien avenue; thence crossing O'Brien avenue and Gildersleeve avenue, between Leland avenue and Underhill avenue; thence crossing Underhill avenue and Cornell avenue at or near their intersection; thence crossing Bolton avenue, White Plains road, Newman avenue and Stephens avenue, between Cornell avenue and Bronx River avenue; thence crossing Clason's Point road between Stephens avenue and Pugsley avenue; thence crossing Cornell avenue and Pugsley avenue at or near their intersection; thence crossing Husson avenue, between Gildersleeve avenue and Cornell avenue; thence northerly between Husson avenue and Betts avenue and crossing Gildersleeve avenue and O'Brien avenue; thence crossing Compton avenue and Pugsley creek; thence crossing Barrett avenue, between Trask avenue and Screvin avenue; thence crossing Screvin avenue, between Lacombe avenue and Barrett avenue; thence crossing Lacombe avenue and Olmstead avenue at or near their intersection; thence crossing Torrey avenue, Howe avenue, Castle Hill avenue, Turner avenue, Effingham avenue and Havemeyer avenue, between Lacombe avenue and Randall avenue; thence crossing Allaire avenue and Farrington avenue between Randall avenue and Zerega avenue; thence crossing Zerega avenue near its intersection with Randall avenue; thence easterly, crossing Westchester creek, Ferris avenue and Baxter creek; thence crossing Morris lane near its intersection with Fort Schuyler road; thence crossing Fort Schuyler road and Old Ferry road at or near their intersection; thence between Fort Schuyler road and East river to a point near the United States Government Reservation. All of the above-mentioned streets crossed by said branch line, except Wyatt avenue, Tremont avenue (East 177th street), Westchester avenue, Clasons Point road, Ferris avenue, Morris lane, Old Ferry road and Fort Schuyler road, are proposed streets, as shown on the city layout of streets.

The connections mentioned are described as follows:

Connection with the present subway elevated route at West Farms road Beginning at a point on the main line of the New York, Westchester and Boston Railway Company at or near Lebanon street; thence running southerly, crossing Devoe avenue and 179th street at or near their intersection; thence crossing Bronx street at or near its intersection with Walker avenue; thence crossing Walker avenue between Bronx street and Boston road; thence crossing West Farms road between Boston road and Rodman place; thence to a connection with the Interborough Rapid Transit Railroad on Boston road, between Bryant and Tremont avenues.

Connection with the projected Southern Boulevard and Westchester avenue Elevated Route: Beginning at a point on the main line of the New York, Westchester and Boston Railway Company, between Westchester avenue and 174th street, and running southerly and crossing 172d street and Edgewater road; thence to a connection with the proposed Broadway-Lexington avenue subway at or near the intersection of Westchester avenue and Home street.

These connections are shown on the survey map and profile of the Company, adopted by the board of directors on June 17, 1908, and filed in the office of the county clerk of New York County on June 17, 1908.

January 22, 1909, by resolution adopted by the Board of Estimate and Apportionment, and approved by the mayor January 25, 1909, a supplementary agreement was entered into with the Company providing for the alteration of the grading on the Throgg's Neck branch.

Foreclosure. March 23, 1875, William H. Seaver was appointed receiver of the road, and April 9, 1881, he was ordered by the Court to sell, and pursuant to such order sold the rights of the Company to B. D. Harris for $5,500; later Harris assigned the same to William F. Van Pelt. However, Seaver continued to act as receiver for the Company until his death. January 13, 1883, Henry D. Stapler was appointed to succeed Seaver as receiver. Stapler resigned, and on June 10, 1893, he was succeeded as receiver by Walter A. Pease, who was ordered on May 2, 1896, to sell whatever rights the Company still had for not less than $2,000. No sale seems, however, to have taken place under this order, and on September 24, 1898, the Court ordered the sequestration of the property for the benefit of the creditors of the Company, and authorized the receiver to sell the stock for the benefit of the creditors. It does not appear that this sale ever took place. Pease resigned as receiver on March 7, 1899. William T. Tomlinson succeeded Pease and was ordered to sell all the capital stock and subscriptions to stock, or rights to stock of the Company at private sale, to George T. Foster for $2,500. January 16, 1904, Tomlinson executed a deed to Foster for the stock and subscriptions in his hands, and on February 5, 1904, William F. Van Pelt executed a deed to one Duncan for all the property, rights and privileges acquired by him. March 8, 1905, Duncan conveyed all his interest back to the Company.

Stock. November 16, 1904, the Company obtained the consent of the Railroad Commission to increase its capital stock to $20,000,000, and to issue a mortgage for $20,000,000.

Intercorporate relations. (See also chart VI, no. 10.) Immediately after the Company's capital stock was increased to $20,000,000, it entered into a contract with the City and County Con