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such new track should begin. The Forty-second Street Company agreed, moreover, to construct and maintain in good repair all the switches required for the existing track, or for the use of such new track when constructed. It was provided also, that upon the return by the Company to The Forty-second Street Company of the 15 income mortgage bonds or its equivalent in cash, the former company would have the right to operate on the tracks of The Forty-second Street Company in 42d street, between Third and Lexington avenues; but that, in case of such use of the tracks of The Forty-second Street Company, the payment of $500 provided for the use of the trackage of the Company should cease.

By agreement of October 2, 1890, with the New-York and Harlaem Rail-Road Company, the Company undertook to rearrange its tracks and those of the Harlaem Company in Park Row between Tryon Row and Broadway. It was agreed that should the Harlaem Company thereafter adopt cable as a motive power, it should have the right to use the cable of the Company and to make the necessary connections with the tracks of the Company; cable traction was superseded by electric traction shortly there after.

January 26, 1892, the Company entered into another agreement with the Second Avenue Railroad Company in the City of New York, by which the latter company was to supply Wharton patent switches allowing cable operation on the tracks used jointly by the two companies on the Bowery and Chatham street, while The Company was to change the motive power from horse to cable at its own expense in connection with the change of motive power on its entire route.

February 23, 1893, the Company and the Lexington Avenue & Pavonia Ferry Railroad Company made an agreement for joint operation on 116th street. This agreement was never enforced and was abrogated December 31, 1897.

April 25, 1894, the Company entered into an agreement with The Dry Dock, East Broadway and Battery Rail Road Company for the interchange of passengers at Canal street and the Bowery, and at Grand street and the Bowery. The agree ment was to continue in force for nine months from the date of its execution, and thereafter indefinitely, until terminated by three months' notice by either party to the other.

March 15, 1895, the Company and the Metropolitan Street Railway Company entered into an agreement wherein the latter agreed to keep in repair the crossing at 125th street and Lenox

avenue.

December 31, 1897, the Company together with The Dry Dock, East Broadway and Battery Rail Road Company and The Fortysecond Street, Manhattanville and St. Nicholas Avenue Railway Company entered into an agreement with the Metropolitan Street Railway Company, Second Avenue Railroad Company in the City of New York and The Central Crosstown Railroad Company of New York wherein provision was made for the joint use of tracks of the several companies at points as follows:

First.— The boulevard between 65th street and 71st street, and between Manhattan street and 130th street.

Second. The boulevard between 59th street and 65th street, and the boulevard between 125th street and Manhattan street.

Third.— Seventh avenue between 42d stret and 45th street.
Fourth.— Forty-second street between Madison and Park avenues.
Fifth.— Forty-second street, between Park and Lexington avenues.

Sixth. First avenue, between 42d and 34th streets, and Tenth avenue, between 42d and 59th streets.

Seventh. Thirty-fourth street between First avenue and the East river.
Eighth. One hundred and Sixteenth street.
Ninth. Broome street and Grand street.
Tenth.- Park row, between Centre street and Broadway.
Eleventh.— Broadway extension, between Park row and Fulton street.
Twelfth.- Crossings.

Thirteenth.— Tracks of other companies used in common by the Dry Dock Company and vice versa.

April 3, 1899, the Manhattan Railway Company entered into an agreement with the Company for the transfer of passengers between the elevated lines of the former company and the surface lines of the latter and of its subsidiaries. The Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, The Dry Dock, East Broadway and Battery Rail Road Company and the Union Railway Company of New York City on the payment of three cents in addition to the regular five cent fare; the transfers entitling the passengers to a continuous ride in the same direction upon any one of the lines transferred to; the arrangement went into effect May 1, 1899, and continued for five years, and thereafter from year to year by an exchange of letters until March 31, 1908, when, by an order of the United States Circuit Court, upon the application of the receiver of the Company, the arrangement was discontinued.

November 3, 1904, the Company, together with the Metropolitan Street Railway Company, the then lessee of the Company, and the New York City Railway Company, the then lessee of the Metropolitan Street Railway Company, entered into another agreement with The Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company providing for the joint use of the tracks of the Company at Manhattan street, from 125th street to the North river. The agreement was to take effect only in case the tracks of The Forty-second Street Company, also located on Manhattan street, were removed pursuant to an order of the president of the borough of Manhattan. The Forty-second Street Company agreed to pay to the Company during the operation by the former of horse cars, the sum of $1,200 per annum, and during its operation of electric cars a sum per annum equal to 21/2 per cent of the cost of construction, and a proportion of the total expense of maintenance and of the renewal of the tracks and structures on Manhattan street, as well as for the electric current required for the operation of its cars. Such payment was to be upon a car mileage basis. The Forty-second Street Company also agreed to pay the cost of installation and maintenance of the connections at the point of the intersection of its line with that of the Company. The agreement was to commence on October 1, 1904, and to continue for a period of 50 years. It was terminable at any time, however, upon written notice by either party to the other.

In 1907 separate receivers were appointed for the Third Avenue and Metropolitan Companies.

On February 29, 1908, the receiver of the Company entered into an agreement with the Kingsbridge Railway Company, whereby the former obtained the right to a joint use of the tracks of the latter on Kingsbridge road from 169th street to the Harlem river, in the borough of Manhattan, for the period of one year. The Kingsbridge Company reserved the right to operate four cars daily over the tracks covered by the agreement; the receiver of the Company was to operate the cars in Kingsbridge road between 162d street and the Harlem river; to issue transfers to the passengers of the Kingsbridge Company at intersecting points, entitling them to the same privileges on the lines of the Company as those enjoyed by passengers of the latter company, and to pay to the Kingsbridge Company an annual rental of $5,000, in addition to the payment by the Company of the taxes levied upon the franchise of the Kingsbridge Company; the receiver of the Company also undertook to keep the road in repair; to furnish the electrical power required on Kingsbridge road, and to house the cars of the Kingsbridge Company at its Amsterdam avenue car house, as well as to clean and repair them; each company was to retain the fares collected in its cars; the agreement was terminable upon 30 days' written notice of either party to the other.

March 10, 1908, Frederick W. Whitridge as receiver of this Company, The Dry Dock, East Broadway and Battery Rail Road Company and The Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, entered into an agreement with Adrian H. Joline and Douglas Robinson, receivers of the Metropolitan Street Railway Company, for the cancellation of trackage rights covered by the agreement of December 31, 1897, so far as such agreement related to the use of the tracks in Seventh avenue between Forty-second street and Forty-fifth street and to Forty-second street between Madison avenue and Park avenue.

July 26, 1909, by an agreement between the receivers of the Metropolitan Street Railway Company and the receiver of the Company and its subsidiaries for the maintenance of special work, the receiver of the Company agreed to maintain at its own expense special work at points where its electric tracks intersected the electric tracks of the Metropolitan Company, as follows:

Third Avenue at St. Mark's place, 14th street, 23d street, 34th street, 86th street and 116th street. Bowery at Broome street, Delancey street and between East Fourth street and East Fifth street. 125th street at Eighth avenue, Lenox avenue, Madison avenue and Lexington avenue. and Amsterdam avenue, Park Row at post office and at Centre street. Grand street and Bowery (special work at curve where northbound Fourth avenue cars intersect southbound Third avenue tracks on Bowery).

145th street

It also agreed to maintain at its own expense the special work at points where its electric tracks intersected the horse car tracks of the Metropolitan Company, as follows:

Third avenue at 17th street, 18th street, 35th street and 36th street; Bowery at East Houston street, Prince and Stanton streets, and Spring street; Park Row at Chambers street and Duane street.

The agreement was to continue until terminated after 30 days notice by either party. June 22, 1908, Frederick W. Whitridge, the receiver of the Company, agreed with the receivers of the New York City Railway Company and the Metropolitan Street Railway Company for the interchange between the companies of the two systems, of power for the operation, lighting and heating of the cars; the receivers of the New York City Company were to deliver to the receiver of the Company alternating current to the high tension feeder cables owned by the latter Company or by its subsidiaries, and running from the 96th street power station of the New York City Company to the 129th street, the 65th street and the Bayard street sub-stations of the Company; also alternating current from the 96th street power station of the New York City Company to the Kingsbridge power station of the Company; the receivers of the New York City Company agreed also to deliver to the receiver of the Company direct current to the low-tension feeder cables of the Company, running from the 146th street, 96th street, 50th street, 25th street and Front street sub-stations of the New York City Company to the several sections of the tracks operated by the receiver of the Company. The receivers of the Company, on the other hand, were to supply the receivers of the New York City Company alternating current to the high-tension feeder cable of the New York City Company, running from the Kingsbridge power station of the Company to the 146th street sub-station of the New York City Company and to the 96th street power station of the New York City Company; also, to supply to the receivers of the New York City Company direct current to the low-tension feeder cables of the New York City Company running from the 129th street, 65th street and Bayard street sub-stations of the Company to the several sections of track operated by the receivers of the New York City Company. It was agreed that the companies should deliver to each other electrical power in such quantities as required up to capacity after its own uses. The rates to be paid were for alternating current 1.2386 cents per kilowatt hour, and for direct current 1.8181 cents per kilowatt hour; where the companies were using each other's tracks they were to pay for the use of direct current upon the basis of 3.16 kilowatt hours per car mile. The receiver of the New York City Company agreed to renew and repair the high and low-tension feeder cables of the Company

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