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conveyance or instrument of which it is a part. (See 1 Cent. Dig. 868, and subsequent Am. Dig. Annuals.) All of the signers of a certificate of incorporation have a very material financial and other interest in upholding the certificate.
The purpose of an acknowledgment is to require greater formality in the execution of an instrument, and not only by requiring greater formality, but by thus obtaining an official act of a disinterested person, prevent, so far as possible, the perpetration of fraud.
It is unnecessary to consider the other serious objections raised by the relators, as it is assumed that if the promotors of the proposed railroad commence de novo, that they will be more deliberate and careful in their proceedings.
The determination of the Board of Railroad Commissioners should be reversed.
This case was not appealed to the Court of Appeals. (See p. 185, 1st vol. 1904, report of this Board.)
Abandonment of Part of Route.
IN THE MATTER OF THE APPLICATION OF THE INTERNATIONAL RAILWAY COM
PANY, UNDER SECTION 103 OF THE RAILROAD LAW, FOR APPROVAL OF A DECLARATION OF ABANDONMENT OF A PORTION OF THE ROUTE OF ITS RAILWAY IN THE CITY OF BUFFALO.
Determination. May 2, 1905. This application, under section 103 of the Railroad Law, by the International Railway Company, was filed with this Board on March 30, 1905. It asks for approval by the Board of a declaration of abandonment of that portion of the route of said company's railway in the city of Buffalo in South Division street, between Cedar street and Spring street; in Spring street, between South Division street and William street; in William street, between Spring street and Mortimer street; in Mortimer street, between William Street and Peckham street; in Peckham street, between Mortimer street and Smith street; in Smith street, between Peckham street and Broadway; in Broadway, between Smith street and Herman street; and in Herman street, between Broadway and Best street. A public hearing on this application, after public notice and notice to local authorities, was held by this Board in the city of Buffalo on May 2, 1905. Porter Norton appeared for the applicant. No one appeared in opposition. After hearing arguments the hearing was closed. The petition alleges that the petitioner has obtained the consent of the property owners abutting upon the portion of its route desired to be abandoned as aforesaid and the petitioner has also obtained the consent of the city of Buffalo to said abandonment.
Under the circumstances as set forth above, this Board is of the opinion that it should approve the declaration of abandonment of that portion of the route named, and it is hereby
Ordered, That said application be and is hereby granted and that the approval of this Board of a declaration of abandonment of that portion of the route of the railway of the International Railway Company in the city of Buffalo in South Division street, between Cedar street and Spring street; in Spring street, between South Division street and William street; in William street, between Spring street and Mortimer street; in Mortimer street, between William street and Peckham street; in Peckham street, between Mortimer street and Smith street; in Smith street, between Peckham street and Broadway; in Broadway, between Smith street and Herman street; and in Herman street, between Broadway and Best street,-shall be endorsed upon the declaration of abandonment adopted by the directors and stockholders of said company, as provided by section 103 of the Railroad Law. (Case No. 3318.)
IN THE MATTER OF THE APPLICATION OF THE UNITED TRACTION COMPANY,
UNDER SECTION 103 OF THE RAILROAD LAW, FOR APPROVAL OF A DECLARATION OF ABANDONMENT OF A PORTION OF THE ROUTE OF ITS RAILROAD IN GREEN ISLAND AND COHOES.
June 15, 1905. This application was denied, without a written opinion, on June 15, 1905, after a hearing. See page 270, first volume, 1902 report of this Board. (Case No. 3337.)
Change of Name.
IN THE MATTER OF THE APPLICATION OF CORNING AND PAINTED Post STREET
RAILWAY," UNDER SECTION 2411 OF THE CODE OF CIVIL PROCEDURE, FOR APPROVAL OF PETITION TO THE SUPREME COURT FOR LEAVE TO CHANGE ITS NAME TO ELMIRA, CORNING AND PAINTED Post RAILWAY.”
Determination. March 9, 1905. This application, under section 2411 of the code of civil procedure, was filed with this Boa on December 21, 1904. On that date, Thomas O'Connor, attorney for the applicant, was heard by the Board in the matter.
After consideration, this Board has determined not to approve the applicant's petition to the supreme court for approval of change of name from
Corning and Painted Post Street railway” to “Elmira, Corning and Painted Post railway," and its application for said approval is hereby denied. (Case No. 3267.)
Cessation of Operation During Winter.
IN THE MATTER OF THE APPLICATION OF THE GLENFIELD AND WESTERN RAIL
ROAD COMPANY, UNDER 55 OF THE RAILROAD LAW, FOR PERMISSION TO CEASE THE OPERATION OF ITS RAILROAD FROY JANUARY 1, 1905, TO MAY i, 1905.
Determination. December 21, 1904. This application, under section 55 of the Railroad Law, by the Glenfield and Western Railroad Company, whose railroad extends from a point on the Utica and Black River railroad (leased to and operated by the New York Central and Hudson River Railroad Company) known as Glenfield to near a point called Monteola and is principally used for the transportation of lumber, was filed with this Board on December 9, 1904. It asks permission to cease the operation of its railroad from January 1, 1905, to May 1, 1905. A report in the matter was made by an inspector of the Board who was familiar with the country through which the road is constructed, who reports that this railroad is constructed through a territory where the snow is very deep; that last winter before the end of December there was from six to seven feet of snow on the level along a portion of the line, and that usually through this section there is four feet or more of snow; that very nearly all the business done by the railroad is done for lumber companies and that few passengers excepting the employees of the lumber companies and their families are carried.
Under these circumstances, the Board believes that it is justified in granting this application. It is, therefore,
Ordered, That permission be and it is hereby given to the Glenfield and Western Railroad Company to cease the operation of its railroad from January 1, 1905, to May 1, 1905. (Case No. 3262.)
See page 217, first volume, 1904 report of this Board.
Applications for Approval of Cooking Ranges in Cars.
1. STATE OF NEW YORK, BOARD OF RAILROAD COMMISSIONERS.
ALBANY, April 18, 1905. G. S. BRIGHAM, Esq., Major and Quartermaster, U. S. A., Army building,
Whitehall street, New York City. Dear Sir.-Your letter of the 10th inst., asking this Board to consent, under section 51 of the Railroad Law of this State (copy inclosed), to the use of stoves for cooking purposes in baggage cars in trains in this State to be used to transport the Ninth U. S. Infantry from Sackett's Harbor to the State line, starting on or about the 23d inst., has been received. This Board hereby consents, under section 51 of the Railroad Law, to said use of said stoves in said baggage cars.
As we are not certain of the railroad routes to be followed, we will not undertake to notify the railroad companies to this effect, but this letter may be used as said notification. By the Board, (Signed)
GEO. W. ALDRIDGE,