The New York Herald Newspaper, November 8, 1877, Page 8

B THE ERIE RAILWAY. Deoree of Sale of the Road Under Mortgage Foreclosure DRDER OF JUDGE DONOHUE. Rise and Fall of a Great Franchise— Overgrown Indebtedness. es ‘There was commenced, on June 15, 1875, fully re- ported at the time in the Hunaxp, a foreclosure suit ‘against the Erie Railway Company, the immediate effect of which was the appointment of Mr, Hugh J. Jewett receiver of the company. Such suit was brought by the Farmers’ Loan and Trust Company, brustee of the morigagees, the plainuil in this suit being represented by Messrs, Turner, Leo aud McClure, the rajlroad company by Messrs. Shipman, Barlow, Laroque and Macfarland, aod the various ether parties defendant in tho suit by their respective @ounsel Aitor the filing of the complaint notice of the pendency of the action, with the names of all ‘he parties thereto, the object of such action, @ description of the property i cach county containing property alfected thereby, the date of the mortgage in question, and the times and places of Fe Bording the sume, were aiso flied in the County Clerk’s pifice in this city and with the clerks of all the coun- | Bes containing property covered by the mortgage. In Beptember ast the summons and complalut were aniended by making now partios defendanis, which complaint as thus amended was filed in the office of | | the Clerk of the city aud county of New York on the B5th of September, The Erio Railway Company pat dm un answer admitting the truth of the allegauions | made in the amended and supplemental complaint. | Bimilar answers were also put in by most of the other | parties defendant. Frow time to Wme the Erie Rail- way Company has creatod in the way of mortgages various licas upon its property, BONDS, BONDS, KONDS. When Gould and Fisk had the management of the | toad, with the idea of censolidating al} the indebted- wees of the road, they issued on September 1, 1870, what are known as ‘First consolidated bonds’? to the mount of $16,656,000 gold, on which sum there was Que jor interest November 1, 1877, $2,673,245, gold. Whoso bonds were secured by a mortgay Un Feb- uary 4, 1874, another mortgage was delivered to the Farmers’ Loan avd Trust Company, as trustee, to se- fare the payment of wnat is known as *‘Second con- wolidated bonds,” such bonds aggregating $19,000,000 od being payable in gold on January 18, 1903 On these bonds there still remained due and unpaid interest on November 1, 1877, $1,898,120 80. a the 2d of March tollowing there wae another lesue of bonds by the company amounting to $15,000,000, their last bonds being payable in gold on March 2, 1894. On these bouds there remained Wao and unpaid interest ou November 1, 1877, 2,985,312 50. On these latter two tssues } Is alleged Blut tbere is now due, including principal and interest, $29,789,290 The prose . vetion is for foreclosure 01 the mortgage under were issued what are designated above as “Second consolidated bonds.”? To | wecite all the minor mortgages tor the payment of which the property of tho Erie Railway Company is eld javle is Unuecessary, us they virtually ure dis- | posed of in the prosent action, Upon affidavits setting forth at great length the fore- oing tacts, With minute specification of the conditions bf tue various mortgages, Juage Donohue, yesterday, rupted @ decree oi sale of the road ander the forecios- Bre of the mortage of February 4, 1874, Tue following 4s the decree THe DECRES. It is ordered, adjudged snd decreodJund this Court, by Virtue of the ‘power ‘authority cherem vested, doth order, ijuage and deer ull and singular the mort ‘aged premises, trac oth rel, per Bomat and mixed, m int in’ this action wid bereinafte the same mort- axed or intended so to the Farmers’ oun and Trust Company, gage bearing Bate the 4th day of Febru wll and franchises aud bituated im the which being till gdged prem persvual und mixe ‘of New Jersey aud Pennsylvania, prior Hens herein found and stated, declured, be sold ae puplic auction by and Mr. George Ticknor Curtis, counsel: 3 ‘nu bereinatte nder the di Font law, of the city of Sew York, wiw is he-eby appointed ja roteree fur thas purpose, wiiess previous to said sule the | Suid duieudant, the Erie’ Kailway Company, to the | pinintitf, the suid Farmers’ Loan and trast Company, or dis attorneys, or to suid reterce lor the suid p a the Amounts herein found as actually due aud. py: tor | incipal and interest upon the ends, issued unuer und Brcueeu by the suid. mortgage to the plainitl, dated Fel Buary 4, 1874, with interest thereon from the daie hereot, end the costs, fees wud aliowences in this action to be ad- usted, and the costs uf proceediugs for wsnie upto the igne of such )ayment. It is further ordered, adjudged aud decreed that suid portgazed premises, property and irauchises, including hose parts thereof situate in the States of New J Bud Penusylvauin respectively, and Luding Bloresaid choses iy meson, stocks, vo Tigations, Lilis payabie, book accounts and ov Bt invebtedues ived, acquired and ree part aud parcel of the rulits thereof, be sold in subject to i Mens and — eneumbrai at tho delendant, Une fs, of February 4,1874, proviued, however, th. kx, bods, securities aud ob fime of sale. Bale slinil aires to | pr muy part the ecuriies ul Court, inempable of be nd with due regard to | partivsinterested therein, KANCKS. J, wdjtte and decreed that the Fty to abandon and uiselains, wt any AY ‘asebold estates or interests en im the mortgage not deemed to be Buld separmtely to ndvamiage, Fights und interests o' plaintiff shail be at titue before the sale, braced and included valuable, of such abandonment and dis- iaimer ' to ein wri do the releree Bball not expose the lewsehoid vstutes aud inver- @sts 80 Abunvoned and disclaimed tor oale as part of the mortguxed promi All leasehold estates | And interests sold by the referee ax part of the tmortzaged | id premises shuli ve sold suvjecc to the terms sol the leases se under which the neumbrances ex- | shall uscere e and extent of such encumbranc a bo ame | it prepared Lo give all proper iniormation concernia mt the time of the suie, Such sele sual: be mad gounty of New York, where @ part of the mortya.e sin situated. pre it ix further ordered. adjudged and decreed that tho said geleree give public notice of the time and pace of such Baie, accordiug to luw and thy rules and practice of this Court It is further ordered, adjudged and decreed that the suid feferce take und have preset at such sale for inspection Ghe inventory of the mortgaged premises Leretol made by the receiver, in pursuance of the order this Wourt and fied’ in ius xetion, and also the more detailed inventory thereof which the receiver has caused fo be made h order, and has been permitted by: the stain in ‘his posses: gion for his une and information dari receiversli uu that upon th contre le by bis ©: dat tue Line of the deluvery of the deed uf the premises, Ble suid referee deliver to the purchaser or purchasers of the premises erein directea to be sold the said last men Monod inventory. wud reta m the 1 o tie tiles of tins Court. sf wny property embraced within the Suries, of eituer of them, shall have, since t Miereof, been consumed oF disposed of by the re: Bo the date of such sale, the reserse shal mation In regard to such property at the Miny be practicabie. it Js turther ordered, adjud sli property ot every kina und Receiver durin, d and decree scription a his reeeivership, with the p its, prolits und issues of ths mortgaged prewises sites ¢ anwking of the waid 1 Inventories, and not embiuced therein, be ul reluree as A part of the mortgaged property owe the tin sue th | property us afore | ories of the receiver us he inuy tind it prace give. Aud thet the said referee, bel ad periorm wll thin 0 and tuke all suet 1m regard to rulate of auxiliary ns pei w Jersey and Meno Ing tn the said re pyivauia. It is Jurther ordered, adjudged and deer: referee my aud shall, on Ul #, but nut otherwise, ¢ wud to such plue id that te ¢ plaingt es may re) purchaser or purchasers | that the property and rauemises | to be sold, shall soid tor custr | to other arm and details herein specitied on | puch terms, inconsistent with the provisions of this Judgment und decree, and subject tu the confirmation of | This Court, we the plaintiif, the Farmers’ Loan and irust y. through Its tor further ord May approve, dyed and decreed that the cted to be sold shall be soid tracts theretolore lawinlly p And it moriguyed premises herein dir by the referee subject to alle: made by the reoviver in pursuance of the authority of tii Court, which at the date of such sale are executory, all of Hhich are hereby declared to ve tions upon the m . Property wnd premises and every pact theroot, and the pur ager UF purchasers will be required ty tuke tte thereto ou rgudh eopiracts and obligations. aud will be me the same in disch Fhe rece’ feted to suvmilt tion of th ¢ day of sale. wil such execatory cont lores shall at the time of sule uive all ne nd proper information concerning the save, eats fe ix further ordered, adjudyed ant decreed that Npencer, Kag., the reieree IM. this action horeto- pointed, ‘do tace wid wt@te wn vecount awit todnens of the feeelver as nearly may be, bringing the sume down to the day } such contr | and all rights t0 NEW YORK HERALD, THURSDAY, NOVEMBER 8, 1877—TRIPLE. SHEET. tednese shall have been paid b la aged 11 be sold. id the tg ct to the amount of inde tedness then the of sitall be stated wad declared ‘sale, and the sal indebtedness bo tetey declared tobe a iien upon wil and singulac bie “mortgaged premises ot every kind aud descrip- the Mele in point of Hen and obligation to either wo MT storesaid, mortgages executed aud deliverad by the udaut, the ine tailway Company, to the ‘plai a trustoe. And. if, the mortzaged tremixes shall be sol suuject tu any indebtedness of the Myer ae, herein provided, the purchaser or purchawors Sbef ire being let into posses ree, existing, the amount wit by the roleree at the tim thereof or their assigns, st, sion of the premises, execute and deliver to the re undertaking, to bis satisiaction. to indemnify and sav bim hartoless fro and againat any snd ali such indebteducss and davacelust Any aud all evaims of activds which may ve trough? weulust him as receiver or otherwise, in respect of any actor thing dune or omitte: ove e by bim, bis nts or employes suring the existence of bts receivership, And from and Agaiust any and «ll costy au nse inel- dent to oF growing out euch It is (urther ord: djuace eree may receive a» Cush from such pu Ors, lus OF Lhelr representa es OF ssi gus, @st coupons of the suid bonds secured b to the plaintiff, of Fepraary 4, 1874, ander wad pursu, which the said sule is hud, at such rate per centum pur vuiue of the said bonds and coupons us will be payable ty the boide: such bonds and coupons upon the dletiabur n uf the proceeds of save wot is further ordered, adjudzed and decreed that the ith fe a report there art, and after en duly con- sof suid prem- FOF purchasers wt euch complying with the cons eed or ueeds were to be delivered, such sie and conveyance or conveyances be viid and ¢! cual forever, and that upon the confirmation of yale aud upon thé exeention and delivery of such deed eds, and upon due yowylinuee with ali the conditions edent, oF as oun therediter ay Le oF they wid purchaser or purchasers, his or their su . be eb iliky possession of the premtoes. ASSLUNMENT OF CONTHACTS. It isturther ordered, wdjuaged und decreed that the der suthorixed and ui- aeat, and with aul couvenient speed, all Bxccutory ene tered ‘intu by sho wald defendant comusny At aay time previous to the 4th day of Feurunry, 1874, or siuco that Gate, with any person, persons or corperations re its business as & carrier of freight 4nd passengers is or their assis waleh suc reetad and the carrying and transportation of ireigut and passen- kors over wud upon its line of railroad, wud the ace the quisition of proper facilities therelor, aud tor Paiposes generally ineidental to the lawful use wid em ment of the franclises and property of the suid corporatios bil such contruets being regarded by tins Court us appa twnant tothe mortgaged premises, and embraced within the provisions of the m The receiver gil not be © otper wise thai as 1 to ule suid con | tracts or way of them, wud upon the tof tue pure chaser OF purchasers of tho mortgaged preiwises, their representati jgns, he shail assign all or ‘any purchaser or pureh se neb oF "piire ructs of the is appolusi reseutacives nt 50 sumed by be reassigned by the company eiver, ai W chiser OF to th uivehasers, shai ¢ dviendaut company is further 4, adjudged wad decreed that the de- . the said Erie Raliway Company, be wuthorized dired, upon the request of the receiver, aud with wil enient speed, to transies wid ussten to Lhd re of account, records wud documents, or muniments of title to premises, or any part thereof, and Kud- useful. 0 the proper use and enjoyment ot the ‘mortgaged premines by — the purchaser or purchasers, thereof, their reprosontatives or assigns? nd 4 coulirmation thereol, wnd ut the f the dgea to such pureliaser or pur chasers, thelr representatives or assigns, the sii Go assign, transier und deliver al suid’ books of account, records snd documents to such purchaser or pur their representatives or assigns, the sains being regarded by the Court us appurtenant to the mortzuged promises. i! uny duestion shall arise concerning the execution of the lust preceding provisiow of this decree let the parties apply bu this Court tur turther directions, tis further ordered, adjudged and ‘decreed that the d Erie Kailway Company be, and the said company ts hereby authorized and directed to execute and deliver, under the direction of the releree, conveywnce by way ot confirmation aud further assurance of title, to the sad pure Chaser or purchasers, their representatives or assixns, of hil nud singular the Wortgaged promises of every kin Gescription, aud wherever situated, herein directed to be sold by. the referee, the furm of the deed and the mode of execution to be settied and approved by the referee, aud that such deed and gonveyance be delivered to such pur chaser oF purchasers, thelr roprese contemporaneously with tho decd or deo: It ix further ordered, adjudged and «i the purchaser or purchavers of the sait m jses should purchase wud acquire title to th ioany plan or agreement of the kind contempl vided for by an act entitled “An organization of railroads suld under mortgaxce, ing tur the formation of new companies in such © passed May 11, 1874, «ud contained in chapter 430 jaws ol 1874, and the amendments to that act su chaser or purchasers will tase title to the mortizage [rw chises and property so sold and purchased 4s uerein pr. Vided, suoject to all the iawial provisions and requirements und upon such sale time of the uelive Of said plan And agreement, and they, their wrsicns wind poration which’ way oreunized for the purpose of taking title to such franchises and prop: hut possess all the powers, rights and privileges, Jeet to all the Liabilities and oblixaiious of the 's aid plun and agreejnen ‘And it is further 0 J, adjudzed and decreed in this action, and vach and every of tb oF Who may claim ‘from or sither of them, and ail e be su statutes and of the then, or any persons havins ® len subsequent bo the said mortgage tho 4th of February, 1574, to the plaintiff, the Farmers’ igimvat or dee yed by skid m, pany, trustes, by dnd franchisee coiry Kure, and his or ‘their boirs and persona: representative fad ail persons having any iten or claim by or under suc subsequent Judzment or di and their heits and per- 1 representatives, and elaimin be, aut they are herel ei of wud from ull equity of red and claim of, in aud te tle sw premises and property herein deserived aud fold, aud every purt and parcel thereol; and that the pure Chaser of purchasers of the said property so to be sod, of | be let inte the possession, ase aud enjoyment thereof, aud that any of the parties to this action who bein the possession of said premises and property or reof, and any persin wu since the time of J the saveral notices of iis peudons in this action ny come into the possessivn thereo! of of any part t under the said defendants or any or either of them every receiver or ater vilicer of this Court who Imay be in the pussession oF Lave the control of the same or any part thereo!, uuder or by virtue of any order of this € de or hereatter to be mite in this ac- tion, deviver possession thereof to such purchaser or pur- chasers, on the production of said referee's deed or othor proper evidence of (he sale and purchase of the said fran- Chises, premises and property. It is furtuer ordered, acjadzed and decreed that such purch»ser or pirchusers, their representatives and assigns, Shalt be fully vested with, and shalt hold, lave. possess @ujoy the suid tr property and premises sod im pursuance of thi dalt che ri hts and privi hereto « ompletely as ue said ate of aid moctzaxe, that in Loun and Trust upon the property, spt murigayed franchises, rdered to be part th rt heretofore 1 tosay, the 4b d been possessed of the same subject to the prior lens ator PROCKKDS OF SALM. It is further ordered, udjudged und decreed that snid ref- eroe hereoy a Ido pay and distribute the pro of his own fees aust expe be settled and allowed by this Court) to the to! kons (tuking their receipts respectively theref the following order, priority and proport 1, To the plaintiffs their co atver adjusted) and suc expenses or any other purpose as the Court may in the ‘ect Wo he paid. All awful taxes and assessments uy nixes or any part therect, If any, te the time ot 0 the p titled to r san E tie proceeds y to has held possession of or enjoy ws in exeoutit at ueh the uch Sule or si ischial her with interest there suid referee stall pay to the jo paimtitt fits beast may dis- such j spective rs ot b nds issued under the # ebruary 4, 18 in iuil or to ers thereot wt render the said tall be can the 2 ine evan and coupons In the uel pa vo. The same the retere Ul be parsue ms Of Hp tugo the as hereinbefore plas moneys remain of the al enald proceeds of ayment iv ful of the sever Amounts bereinve= proper receipts and vouchers tor all bis payments and ox pennes Iv is furthor ordered, adjudged and decreed, tha ree shail Keep all inoncys oF wuld pro ost in tie said Farmers’ Loan aud Trust Com city of New York subject to lis arier ax» tobe drawn by hin only for the purp you way 40 direc for such farther order or ons therein “as y he just and proper at tue foot of tis judgment and « wnd ail Other questions arisiny: iu (hiv action are Feserved DESCRITION OF PROPERTY. The description ot the rei estate wud property authorized to be soid under aud by virtwe of tuts Jud) a 5 fae its Ot an be ascertained Iron tie said mort: age to tl miei, the Farmers’ Loan Erist Com Dany, vewring date the 4th day of Fovruary, IN74, of rom Tuo complnint in Leis action, I¥ Ax loliow All railw iy of the party of the rst part from and including Piermout, on the Husson Kiver, to wud including the Hast terminus of the sald raiiway oa Krieg, anu the railway known as the Newourg Branch Newburg to the main line, om wlyo all that part ol ther way destconted as the Bulfuio Branch of t Railway, extendin. trum Horuollsville to Action, in the state of New York, and also wil other railways velowging to the party of tue first part in tho States of Sew York, Vennsylvas nia wad New Jersey, or any of them, t er with ail the lands, tracks, lines, rails, bridads. batluings, piers, wharves, structures, erectto fixtures, franchises, privileges aud rights any, and also wil the loo Hawes, toois, machinery tured or L ivatert als, coal, Wood and H.ppiies of every Ki omtnng pertaining to the party of the frst p Income, fmuox aud profits arising out ceive or recover the san tate, riott, Hie wnd interest, terms and «franchises, es and rights of @ er name OF Ti n law or in equity signed unto t York and any. OF Unty tho Krle Kallway € 9, by th Railroad Company, by the Butfalo Yo Katiroad Conpony, oy the Buffilo, Hr a Rudcroad Co tailrows Ce ses In netion, st and other ew mitracts und other property ned, Cis, DOXOHUE, J, 8. C Nw Vouk, Nov, 7, 1877, WHAT TH® BND WILL It 18 stated by counsel for the wa hoiders in whose intere #8 of the bond= ts the above deeree of sale has been issued, that knowing some time since Lnat such foreciosure sule were Inevitable, they huve taken time by the forelock and prepared tuemselvos fur Woe emergency, and that fully nne-tenths of the English bondholders havo united with tue American boudholders aud entered iuto a scheme for tie f chase of the road. Tt is al stated that the sale will in ho Way Jntorfere with the continued running of the road, but simply place it under ower management THE SEVEN TIS NiW “ARMORY, Havemeyers & Elder bave subscribed $500 to the ti a", the referee for the sale of the mortcaged Seventh regiment new armory fund, orn d to’ | ‘oN, persons oF corporauons en- | | | | | by said Vurchasiay Committee waa roe | blanket mri rected and allowed 9 be paid. or that ivay | we directed wad uliowed & paid iy furs | rier of this court out of such proceeds of then the said reieree shill bring such surplus vourt with) bis ropore of wile. to abide the archer order of the Court touebing tic oy anid the sitid | referee shali take and bring into court with ins report | aid | { | this | paid shall bo used by sad committee | ner herein | equipment under one of both of | in said p | assim to € CENTRAL KAILNOAD OF NEW JERSEY. SYNOPSIS OF THE AGREEMENT AND PLAN SUB- MITYED FOR I78 REORGANIZATION, Appended is a synopsis of the scheme submitted to the directors of the Central Railroad of New Jersey, who are conferring with the bondholders ana stock- holders’ committee in relation toa plan for its reor- ganization, The document says that it may be veces- gary that said railroad and all its appurtensnces, fran= chises and property shoulda be sold under foreclosure, either of the mortgage of 1876, called the blanket mort- gaxe, or of that of 1874, called the consolidated mort- guge, and to this end Robert Lenox Kennedy, J, Edgar Jobnson, John 8, Kennedy and Theodore Dreier, of New York, and Edwin M. Lewis @ consti- tuted a purchasing committee, empowered by the subscribers of the agre nt, holders of bonds, to carry out the proposed plan of reorganization. Article 1 says that this committee shall, if it is expedient, do so witheut a foreclosure sale or without the orgapization of a new company, and to tbat end may dispose of the funds, money, Stock, claims, bouds, indebtedness and property, which under the agreement shall be deposited with them, pursuantto its terms, in such manuer us they muy deem most expedient to produce such result, or said committee may proceed to enforce tn such man- neras they may be advised one or both of the mort- guges, and, under any decree obtained, bring (0 sale whatever property may be reached thereby and may take legal proceedings to organize a company, Upon any sale made under these mortgages or otnerwise the commities may parshase the railways of the com- pany and all its rights and interests in their joint umes or tn those of the majority of them, The com- mittce shall obtain, if practicable, the ownership of ali property of suid company wherever situated, and the new company tf organized shall be organized and formed under and in uccordance with tho laws of the State of New Jersey, aud shail bo called “fhe Now Jersey Central Ruilroad Company.’? LIABLLITY OF THK NEW COMPANY. ‘The tollowing are the terms of conveyance to a new company :— 1. Said now company shall assume the payment of the prifcipal aud jacerest, a» the sume become due ive'y, of the bonds of the Central iuil Jersey, secured by its mortgage to Joun U. ¢ and Moses Taylor, dated Decomber 15, 186%, the principal of which yous amounts t0 $9,000,000, aud 1s payable Feb- jo the consolidated mortgage shall not b ew company sl ssuuiY the payin principal of thy Loads» secured uy suid mortzae to the amount of $20,000,000, it so many shall have Deen issued, with the interest accraing on thy sume, 1 and after 79, 99 shut tho fist quarterly shall be on April 1, 157! ading any of the bonds of sw bul if there be then outst the Central Kui pany of New Jersey, commouly culled s, or any of the bonus of the Newark and New York Ratir oMpany, Assumed Ly th Kailrod Company of New Jerey, which by the id consolidated mortgage were secured theren: sInot then have been exchanged for the bonds issued upon and seeured by seid consoiudated mortgage, the ase sumption in this clavse twenti il apply oniy to auch aud so many of said bonds Iysued upon wad secured by said nusoliduted mortage 4s shal ding, notex- evoding $24,000,000; and suid new company suail, in audi tion thereto, assume the payment of the principal of said von- vertiole bonds, and bonds of said the Newark and New York Kailcoud Company, outstunding and intended to be secured by suid consolidated mortgage, und the interest accruiy the same on and atter January 1, 1879, * * ae vided that the bond provided by said consolidated morty deed of, trust, vo be issued and held ay against the first morigags vend mentioned in section 1 of this article, Kiwounting to $5,000,000. of suid consolidated bonds, sali Continue to be so held, and shail ve Issued and apple! as in suid deed of trust provided, to take up, satisty und dis- Charge ths said hrst mortage bonds, ut of before their ma- turity, and in case of such issue the said new company shall wssuime the payment thereot. ‘And such new company shall alxo make, execute and de- liver to a trustee or teastees to be selected by suid purchas- ing cominitioe, «mortgage conveying, assuring wud tiwus- ferring to such trustee or trustees in fee, uls the property, rivlis, interest and franchises of ry deseription, o whien' it shail be seized ur possessed, pursuant to'tl pian herein contained, or which it shall thereaiter acquir us further security for the payinent of the prinetpal and | terest of su hof the said bonds s-cured by said cunsoli- dared mortgage, whose holders shall come in and unite in greement perform the terms thereof on their part; said mortgage shall ve subject to the approvai of suid purchasin; committee, both in respect to its substance wud jorm, The plan goes on to detail the powers of the new company, What leases and agreements it may assume, such asthe lease of the Lebigh and Susquehanna Rail- road, wade by the Lehigh Coal and Navigation Com- pany, dated March 31, 1871, and the agreement of March 30, 1876, with the North Peunsyivanta Rutiroad Company, &e. Aveording to article § the subscribers, &e., to the reement agree within three months from its date to deliver to said purchasing committee ab New York, or to Mesers, Brown, Shipley & Co., at London, tor them, the coupons on the consolidated bonds, issued under and secured by said mortgage, due April 1, July 1, October 1, 1877, January 1, April'l, July 1 and Oc tober 1, 1878, and January 1, 1879, aud the coupoos oo said convertible bonds sccured by said mortgage, due May 1 and November 1, 1877, und Muy i and November 1, 1878, and any coupous on suid bonds of the Newark and New York Railroad Company secured by said mortgage due on or before January 1, 1879, heid by them respectively, to be held by said Parchasing Com- miittee, and to receive in exchange a receipt of suid Purchasing Comuuttee for said coupons so deposited under this agreement. hey surther agree thas they will within four months trom ate bereot deliver to suid Purchasing Committee all the stock heid by them respectively in said company, to be held by ead Pur- chasing Comumitiee for the purpose vi audto be used in carrying out the plan herein contained, receiving in exchange therefor the receipt of said Purchasing ‘ommittee tor suid stock us deposited under this agreement, and simaltaucously with the delivery of said stock they will each pay to said Parebasing Come mitteo the sum of $10 per share for each and every shure so delivered, receiving 11 exchange therefor we receipt of said Purchasing Committee, which suin 60 for the purvos of carrying out the plan hereip set forth in the man- provided; and upon a foreclosure and sale of said railways their appurtenances and suid mortgages above mentioned, und the purchase thereo! of suid Purcbasing Commitee and the orgauizaion of 4 pew company under the laws of the State of Now Jersey, to be called the New Jersey Central Rullroad Compavy, m which shall be vested the gaid raliways, their appurtenances and equipments so purchased, in Lue mauner herein provided for, they will accept and Shall be outitied to receive in exchange lor said stock and said $10 paid per share, and for the receipt or receipts of suid Purchasing Commitiee therctor, as tollows, v4 i— For ten per cent of said stock, the preferred stock of said new company at par; for the $10 per share paid in, the preferred stock of said new company at par; lor wud remaining mpety per cent of sald stock so delivered, the common stock of said new company at par, the Parchasing Committee are authorized to give to any holder of American Dock and Improvement Com- pany vonds, guaranteed by the Ceutral Railroad of Now Jersey, who shail sign this instrament within six months from its dute, a receipt entitling such holder vo the prelerred stock of the New Jeraey Ceutral Rail- road Company to the amount at par of Lis bonds, Aud the last two articles of the agreement are as follows:— Ant 10.—And it is further agreed that it, upon @ pur- chase of said railways, their appurtenances and equipment, 4 loveclosure of salt . aud the orswnizalion of the Yew Jersey Cental iuilroad Company, vested with the propercy #0 purenased tu the manner berein orovided tor, im that Case, ‘nol of sitid bonds secured by sald mortyaxe of amid, the Coutral (ailroud Company of New Jersey, commonly culled the consulidated mortcuge, or avy of the" stuckhuld- ers of suid Last mentioned company, shall wot have signed this aureoment wud delivered thy coupons on their suid bonds, and paid the sum of 10 for each share OL said stuék us above provided, then suid committes are authorized 1 sei aud shall soli so much of the vreterred wud cvinmon stuck ot the New Jeraey Contral Ruilroad piuy As AML NoKedenLenty would have been re Yeutivied tu under this agrecment i they had ci that be shall make a report to tise curt of ail ho | lad jomed therein, and as slicil be neeesnry to pay to shail do under and by vievue of this fat uuldecrae, | such Hon assentionts wny dividends they muy rexpecsively It is further ordered, adjud ed wud decreed that any | De eRttied to nuder such proceedings, aud to pay Ube same; of the parties to this notion, and alvo tha said aud iu case there IX no (oreclosure und sale under abd eon And the suid receiver, may hereater apply to the Court | subd ted morygace, tien the nou-wssentient holders of bonds secured thereby shall be excluded (rom the venetit Of aby Uber Mortage, pledge OF trust provided jor In this ecmeut Butt the toreclosure and sale be made under asd by virtue of seid vousolldated mortgage, then said Pure < Commiitoe are wuthorized to sell, wud sual sell, 50 many of the bouds and so muce of the prewrred stock herein provided to be ipsned ia that case vy the New Jersey Coutral Kailrowd Ce Any, Ws sHid Nou-nesenting holuers 0) Cie bonds secured by said uisolid, 1 murtynge wo luv led to dncer this agreoment it they had jol rein, and a» May be Hecessary to pay tu such Hon- x any divide muy Le respectively eutitied nler Sach proceedings, # Diy the xame, and it Mion 0 Helixh and Wilkesbarre a halo of its property shall cand any holder of the bends sid Last xuuranteed by said, the Central Kail: J shall not have delivered his Oe in yanigation of said, Uy barre Coat © shail take proviled lor 4. 80. thut OF sail titled to the preterved and eum bron st ‘are authorized d counnon any ass nds wonid have veen eutitled to haw and as bay ay dividend entitled to aid n respectively doc y the sume; have tully satisfied nt they shall surren sey Central Ruilroxd Company all Purchweng undertaxlug Securities obtained uuder this agreement remaining I their hands, vit. LL No subseriver hereto shail acquire any rights under this a i deliver and deposit ake paymet e montioned, mt, and wail Higution, expr unless nubs WH SLOCK wid stock ws Abe this agreent apany ot New Jorsey, ddeliver and depostt bi pake the payme suid stock as etion of said Purel a ies of said, the Conctal Railroad , to become & party hereto upon com- toring he within, throe nutter the sale of 81 hoider HOt Feeeive notice of this agreement belo A MAN MISSING, A general alarm was sent out from Police Headquar- ters yesterday, notifying the captains of the several preciucts that Hugh Reduy, an elderly man, living at No. 404 East Thirteenth street, had disappeared mys Wriously irom bis home, | piated RAPID TRANSIT. ‘THE INJUNCTION AGAINST THE EAST SIDE EX- TENSION DISSOLVED —IMPORTANT DECISION IN THE SUIT OF RUFUS STORY AGAINST THE NEW YORK ELEVATED RAILROAD COMPANY. A desiced victory for rapid tri t on the east side ‘was obtained yesterday by 4 tayorable decision in the case of Rufus Story ay the New York Elevated Railroad Company, which was rendered vy Judge Robinson, before whom the case was recently tried in the Special Term of the Court of Common Pleas, ‘Tne suit, the full particulars of which have alreaay been published, was brought by Mr, Story against the company to restrain the building of the proposed elc- vated structure on the east side in front of bis prem- ises ongFront sirect. When the action was com- mepced a temporary injunchion was obtained from Juage Larremore, and the case bas since beeo con- stantiy before the Court in a variety of phases. JUDGE KOBINSON’S OPINION. Judge Robinson in bis opinion bolas that the Court of Common Pleas bas concurrent jurisdiction with the Supreme Court to take coguizauce of the matiers in dispute, The act of 807 Hmiting the right Lo equitable rehef vy way of injunction against the West Side and Yonkers Patent Railway Company, and interdicting tuis and otuer courts from exercising the power of a court of equity from granting such relief in a cuse properly presented, and which it might otherwise eu- teriain against a nutural person, be says, was 4 clear and muvifest invasion of the coustitution and of this express wandale, tbat the corporation should be lia- bie “to be sued im all courts im like cases a8 natural persons,’? ‘ibe constitution of 1870 having contirmed this Court im the powers and Jurisdiction 14 thea possessed and = in such vtuers as should thereafter ov conferred upon it by Jaw it cannot weil be imagined or success. Lully maintained that 1 does out vow possess ail powers und jurisdiction with those of the Supreme Court (within territorial limits) ty all etvil actions and Special procecdings, Judge Kobinsen vext discusses the claim made by the plainull to own the ee or any lWierest 1M the laud ang trout of the premises 11 Frout street lo tue centre of the street, under the public acts Aud grants, Which He cies aud COMMeENLS Upon, and holds thar he tails to estavsieh any ttle or mterest in tue tee in the property im front of No, 81, und, even | though he may Huve an casement, he cao aerive bo lier benellt theresrom tnau does thy deiendauts, THE KIGUT OP COMPRNSATION, Judge Robinson tuen proceeds ty discuss the ques. tion of he claim of tae plaiaum that, althougn It should be velerinined thar he ts not Lue owuer In fee or uny ol any private interest ou Frout street ober. Wise thau uS an abutting owner, With right ol euse- went therein, in that relation be Is thereby entitled not only to recover damages lor any interierence with such t, bus also Lo av injusction until be has drst Obtained complete compensation for such injury us bis property snail prospectively sustain thereby trom @deprivaiion of ab easement on the sirect to such extent as 16 8hall be invaded vy the railway contem- p by the delendants, and which he asserts ubder = the constitutional — provision that no private property shail be taken lor public purposes without Just compensation. Upon this point Judge Robinson says:—"Under such ase sorted rights Liv drst question presented 1s Whether @s such avutiing owuer ou Front strect, without showiig any othcr tle therein, ho 1s entitied to aay compensation for any other authorized public use of the street, usque ad coeusm’? than tor the purposes of a public highway, simce it clearly appears tbat this coniemplated elevated railway i no way tnteriores with such public use of the street except to such ex- tent as the columns upon Which Its erected * * * Iucomiode aud tuLerivre WiLL the rights of the pub- lic in passing aloug this street it the cousiruc- bon Ob this elevated rulroad be wuthor- ized by so taw ott ts MO respect a pub- lic or private nuisance, ‘he coustitutionslity of the General Rupid Transit act of June 18, 1579, chapter 606, has been sustained by the Gourt of Ap- pews, aud no Objection 18 suggested to the regularity vi any of the prvceudings of the detenuanis to elfectu- ale their rights lo constract und operate said ratiway, except that It ty claimed that in vie absence of any cunseut of the owners of half in value oi the property or tue portion of the street upon Which it is proposed to coustruct and operate such ratiway they bave not first obtained the Consent of the local authorities hav- ing the coutrol of such streets or portious—to wit, of tue Corporation of thiscity, * * * jhe Corporatiun mukes no complaint, and the plainufl is in no respect a chimpion of their rights, and that cousent may be Muuitested by some corporate act or by their acqui- escence, MAY PROCRED WITH 1HS WORK, “The right of the defendants to proceed in the prose- cutiun of (ueir Work seems pertect, uuless in doing 80 Luey are taking some proprietary right of the plain. tills 11 an easement im Front street, of which be shall thereby Veto some extent deprived by their Coutempluted acts. 1b would seem tat some ques tion 18 conceived to Lave been raised upon this point. by the opinion of Judge Allen in the Gourt of Ap- peuls aud the grounds assigued by some ol tue judges dissenting {rom the decision of the majority aud Pincipg such dissent upuu the ground that no provi- gion Was Made tu the act of June 18, 1875, tor com- pensating the abutting owners, having previously held that the pluntill bed go right as owner of the fee in Front street, ‘Lt becomes necessary to examine into ibe character of tenure He may have to auy kind of easement Lherein irom being ab avbatting owuer.”? ‘THE COMPLAINT DISMISSED, Juage Robinson then goes on to cite numerous de- cigions bearing directly on the point, and coucludes Lis opinion as 1ollows:—'*A refereuce to the above au- thoritative decisions iu the courts of our owa State and sn construction of its constitutioual provisioa would seem to conclusively devbar the plaintii! trom any such right as that he claims, to enjoin the defend. ants trom constructing aud opening their railway without prepayment o1 such damages as may ensue to him thereirom or any claim to damages whatever by reason of any annoyance, 1nconvemence oF deiriment occasioned Lo his premises arising trom the construc- tion and legitimate use by the deteudants in fronwof his premises, us authorized under said act of June 18, 1875. For these reasons the defendants are cntitied to Judgment in their favor, dismissing the complaint upon thy merits, with costs”? COMPTKOLLER'S OFFICE, MONTHLY STATEMENT Of WARRANTS DRAWN—THE CITY DEBT AND STOCK. Comptroller Kelly yesterday issued the following statement respecting some of the city inances under his charge:— Crry ov Nuw York, Finance Derartéent, COMPTROLLER’S Orvics, Nov. 1, i877. } Monthly stacement of warrants drawn against the city treasury January 1 to October 31, 1577; also a coinparative statement of the city devt as ol Decem- ber Jl, 1876, and October 31, 1877; together with o statement ol and for What purposes stocks have been issued: Suen Varrants Drawn, —Payable from Taxation, A To September 80. Ln October, State taxes... aoe ee $U,BU2,993 85 =— Sulories, supplies and geu- eral expenses o: the s city government, 8,039,150 68 $1,058,402 05 Interest ou sta meats of principal of the city devs. 5,273,622 24 4,282,205 98 Public insiruction. 2,480,029 97 ‘816,752 45 Juugmenis, ee = 289,755 IL 4,201 75 Cuaritable insti 666,360 15 Miscellancous, oes ee 277,131 67 Yotal paymenis from taxation, +. $20,338,833 67 $5,316,822 09 New Works and Lmprovements Payable from Issue of Bonds. Public works, street openings and improve- ments, and Croton Water Works «+ $1,063,306 25 $176,881 93 Docks and Sips ceccees-e. 340,900 US 2i1TS 16 City parks Improvements, 40,403 43 4,980 18 Museums of Art aud Natu- ral History. 201,552 14 16,120 60 ew County Court 2VL 416 O4 18,909 96 ‘nird Disirict Court House 70,874 4b _ Construction of — bridge over Usriem Rivers... 2,524 08 - Water nveter faud,.... 2,882 83 680 00 Surveying, monumentin cn, Lwenty-tuird and Twenty-fourth wards, &e, - seneee - 93 40 Department of Buildings Hien fund seeereee 157 50 - Additional floating barbs. — ~ 10,768 67 Improvemout of fbird avenue, Morrisania..... — 24,000 00 pot New York aud Brooklya Bridges... see 455,000 00 60,000 Ov Old claims aud Judgments 862,740 06 9,736 46 Total payments from issue Of bouideys. ..4-$3,686,479 SL $806,620 06 Special and Trust Accounts, Redemption of the chy, eee + 88,765,000 00 $9,263,300 00 Muecellancous, . 11,215 os 70,672 95 Total pay ments on speo- laland trust accounts $9,176,215 68 $9,347,872 95 Total payment by warrants in October, .$15,471,015 10 Add amount of Warrants to Oct, 1, 1577, 38,201,529 06 Total payments by warrants to date, Mn AST7 seseceeee vee $48,672,844 16 The City Debt'as Represented in Stocks and Bonds. Sep. W, 1877. Gets Sl, 1877. Funded debt, payable from taxation ‘and siniin 10d, ..eeeee ‘3i21,024,707 83 $121,770,303 94 Deauct amount in sinking juud, 20,982,060 49 30,162,604 93 $91,616,704 OL Balance $ Temporary debt, payable wholly or iu part from assessments $22,171,900 00 $22,186,900 00 Rovenue bonds (special) 3.417 OL 807,601 OL Revenue bonds, 1875 490,000 00 1,000.00 Revenue bongs, 1S7s 1,165,000 00 400,000 09 Revenue bonds, 1377 19,528,500 00 16,865,700 00 $154, 280,654 49 $191,806,806 62 my + 181,636,969 07 oe 38 7 BL Toial vet debt, Net dept, Oct. 31, 1876 ‘Cash in cry t ury Cash 0 sinking lund Stocks and meseyeetingp Issued for the Following For public works—Street ‘openii gs and improvements, ceed $361,000 0 For Croton Water 729,135 11 For docks and ships. Pope For Brooklyn bridge, 718,600 00 For Thiru District Court iouse.. 68,000 09 For city parks improvements. 44,000 00 For museums of art aod natural history 207,600 00 For old ciaims, &c., mciuding armories and public schools......,. oe 361,801 90 For Third avenue (Morrissiana) improv ee taeeeeecers 24,000 00 For New County Court House....... 219,000 00 For miseelluncous “i 21,656 63 Foveuue bonds. For current expenses, Total, woe sane ++ $21,051,098 64 MARRIAGES AND DEATHS, MARRIED. Craxu— Wits. —In this city, November 7, by Rev, E, G. Eggieston, Wituiam H, Crany, Jr, to Mamix A. Witts, both of this city, Kuack—WkxvkL.—By the Rev, A. C, Wedekind, of St. James’ Church, Cuanixs E. Knack, of Woodstock, Wow York, to Miss Ayaix 5, WENDEL, oO! this city, No 8, Uister county papers please copy. Jounsox—BetLeR.—At St. Jobn’s Chapel, Brook- lyn, ov Wedneeday, Novenber 7, by the Rev. T. 3. Pycott, Samunn E, Jounsoy to Fanxix L. BUTLER, bob of Brooklyn, Tissot—LaLIN.—At Greenpoint, L. , November 1, by Rev, Dr. Pons, Heyry Tissot to Miss ALIN® LALIN. _ 'kENHOLM—BowLy,—At Jersey Gity Heights, N. J., Novemver 6, 1847, by Rev. George F'. Seymour, D, D. at the residence of the vride’s aunt, Lous G. TREN- HOuM to Manik 3, BowLy, Charleston (3, C.) papers please copy. . DIED. ATHURST.—THomMAS Baruvnst, November 6, 1877. rieuds are invited to attend bis funeral from Church of St, John the Evangelist, corner of Waverley Piace und 11th st., ou November 8, at one P. M. Berrs.—suddenly, in Brooklyn, November 6, Na- THANIEL U. Bers, Funeral services at bis late residence, 303 Raymond st, Friday, the 9th inst, at three P.M, Interment in Babylon, L, 1, Saturday A. M. Long Island papers please copy. Brows. —The relatives and triends of Brivart Baur are respectiully invited to attend the funeral, from her late residence, 81 Henry st., on Friday, November % at one o'clock V. M. ByaMK—Ou Tuesday, November 6, Euiza WALDRON Byksk, relict of the laie Kaward Byrne, aged 85 years, Funeral services on ‘Uhursday, Sth, at residence of Mrs, Chandler, 94 India st, Greenpoint, L, 1, Rel and iriends aro respectiully invited to attend, ConueNzeR.—On Tuesday night, after a lingering illness, Hanxau, relict of Emanuel Covlenzer, aged 64 yours, Friends of the family are respectfully invited to attend tho funeral, from the residence of her son-in- law, Charles Minzesheimer, 126 Kast 62d st., on Friday morning, at nine o'cloe! No flowers, Ds Bauy.—In Flatbush, on Tucsday, 6th inst., Perse De Bavy, ip the 73d year of his ago. The relatives and friends of the family are invited to attend the tuneral, {rom his late residence, at Flat- busb, on Friday, 9th inst., at two o’clock P, M. Deyxis.—On ‘tuesday, November 6, EmMELINE Dey- in ber 68th year, ‘he relatives and friends are respocttully invited to attend the funeral, at che resigence of Daniel Hogen- camp, No. 145 West 125un st, on Thuraday, the Sth inst., at tour o'clock P. M. Trenton, J., and Poiladelphia papers please copy. DovGx.—Suddenly, on November 2, ex-Aldcrman Daxien Dovax, aged 72 yeara, ‘The remains were taken to Herkimer county for in- terment Douenty.—On Tuesday, November 6, after a linger- Ing illness, Micuagz, the beloved husband of Marguret Doherty, aged 88 years, 10 months aud 12 days. Requiescat tn pace. The triends of the family are respectfully invited to attend the funeral, from his late residence, 54 Cheever place, Brooklyn, Thursday, November 8 at two o clock, DooLey,—On Noveinber 6, in the 74th year of her age, Mrs, Mary Dooney, wite of Michael Dooley aud daughter of Daniet and Kate Dalaney, of Shrabane, Queens county, Ireland. Relatives aud irionds are rospectiully invited to aticud the funeral, trom her late residence, 102 East 41st st., on Thursday at two o'clock. FRaNK.—On Tuesday, November 6, Soruix, beloved wife of Abraham W. Frank, aged 46 years. Reatives and friends, also the memoers of Mount Neboh Lodge, No, 267, F. and A. M.; Lebanon Lodge, No. 9, 1. 0. B. B, and Abavath Chesed Lodge, No. 92. K. 5. B,, are respectfutly invited to attend the funeral, from her late idence, 425 East 14th on ‘Thurs- day, the 8th inst, at one o'clock P. M. Lenaxoy Lopox, No. 9,1. 0. B. B.—I'he officers and Members of this lodge are respectfully requested to attend the fanoral of thoiwife of our worthy member, Abrabam W. Frank, trom’ her late residence, 425 Kast ldth st,, on Thursday, November 8, atoue o'clock P. M, ABKAUAM EVTINGER, President, 8, Hamnvnaer, Secretary. is Mousr Neon’ Lovcx, No. 257, £. ‘and A. M.— Brethren, you are bereby respectiully requested to at- tend the funeral of the wife of our brother, Abrabam W. Frank, from the late residence of the deceasod, 425 East 14th st, on Thursday, Novembor 8, at one o'clock P.M. By order of DAVID WILE, Muster. N. BER.iver, Secrotary, GaRoiwkR—On Monday, Novomber 5, Joun Garpiner, aged 44 yoars, 5 months and 24 days, ‘The relutives and irionds of the tamily are respect- fully invited to attend his funeral, from his late resi- dence No, 129 McDougal st., on Thursday, No’ 8, at hall-past oue P, M, also members of Lodge, No, F, and’A.’M and Adelphia Chapter A. Mi. bf Liverpool and Lonageenere please copy. GavL.—In Brooklyn, k, D., on the evening of tho 6tu inst., Jouy Powsn Gavt, in the 44th year of nis ayo, ‘The fuueral services will be neld at uis late resi- dence, 239 Bedtord av., on Thursday evening at eight o'clock, Tho relatives of the fumily are respecttully invited to attend. ‘The remains will be taken to Hud: son, N. Y., on Friday moraing, tor toterment, By request, no flowers, Greeny.—On Tuesday, Novomber Josnen L. Greeny, aged 6 years and 8 months, son of Luke and Mary Greeby. Relatives und friends of the family are respectfully invited to attend the funeral, ov thursday, November 8, at Lalf-past ope v’clock, irom the restaence of his parents, 409 East 24h st, HanniGay.—Un Wednesday, November 7, MarGaret HANNIGAN, a nulive of the parish of Larbia, county Cavan, Ireland, in the 65tn year of ber age, Kelatives and friends ol tue family are tnvited to attend the funeral, from her late residence, 456 2d on Friday, November 8, at two o'clock, Hovey.—-On Monday, November 5, GkorGe F. Hovey, inthe 3éth yeur of bis age, Relatives and triends are invited to attend the fa- neral, from his late residence, 95%. Mark’s place, this (Chursday), at baif-past twelve P.M. Kearnky.—On November 7, James Ke arygy, native of the county Roscommon, Ireland, The friends of the tamily are invited to attend the funeral, on Friday, November 9, trom his late resi- dence, $11 Eust 11itu street Keatinsr,—Ou Wednesday, November 7, MARY ANN Kebuaun, of Boterbse, county Cork, Ireland, at 163 West 3ist st, aged 20 years, The reiatives and iriends and those of her brother- in-law, Joseph Bouts, are requested to attend the fu- neral, ov Friday, 91h inst, at two o'clock, Kerwix.—Ou November 6, Wittiaam M, Kerwin, aged 28 yeare, Kelatives and friends are invited to attend nis funor- al, on thursday, the 8tu inst, from 43 Sullivan st, at one o'clock P.M. LBONARD —At the residence of her grandmother, Mrs, Kuza Faurot, No, 60 Horatio st, on Tuesday, Novemver 6, Cora Euiza, beloved daughter of Har- vey and Sara F, Leonard, aged 2 years and 17 days, Relatives and friends are invited to attend the faner- al, on Thursday, at nall-past seven P. M., trom the above residence. Mack. —On Wednesday morning, November 7, ELEA> nor, wife of Mux Mack. Funeral serv ces at her late residence, No. 59 Weat 65th st.,on Friday aliernoon, November %, at thre: o'clock, Laterment at Cinciunat, 11 is requested that ny flowers be sent. MEYER. —At bis residence, at Hastings, on Hudson, Novemoer 5, Huxny J. Maven, Relatives aud [rieods ure respectfully invited to at- tend the funeral services, at Len o'clock this (fbursday) morning, at the Lutheran toy Trimty Coureb, in 2Zist st., between Sth anu Gun ave, New York. Lt isre- quested that no flowers be sent Mounins.—On Monday, November 6, Bur, aged 37 years. Faveral irom uis late residence, No, 500 Hudson st, on Phursduy, November 8, at oue o'clock, Relatives aud iriends ure respectiuily mvited to attend, Vurnam —At Palatka, Fla, at eleven o'clock Py M. of Weduesdey, OUctover 17, 1877, Mra Heiww Kinny, widow of the lave Judge B.A. Putnam, Konk—On the 7th inst, SamuKn PeLuaM, only ebild at aca A, and Kina J, Robb, aged $ months aud ay. Ybe relatives and friends of the family aro reapect- fullv invited to attend tue fuueral, from the residence of his No, S24 West 27Ub st, tui alternoon, at one o'clock, Incerment at Woodlawn, Savs, At Hong Kong, Colina, October 30, Gronas N. SaNvs, alter a short uness. ScnwWakTs —MaNuatran Lopox, No, 156, 1, 0. B, B.— Buetunks—You are respectiuily requested to attend the tuperal of Brother Jacob Schwartz, on Thursday morning, November 8, 1877, at ton o'clock, trom bis co, No. 49S Murkor st, Newark, N. J. By roof SOL. LINDENKORN, President. Aanox SCEIN, Secretary, SKKLLY.—Ad Whe residence of her mother, 205 dun av., Brookiya, ou Tuesday, Novormber 6, ALICK ST ANIS- Lavs, beloved twin daughter of Mary and the 1ate ‘Thomas Skelly, aged 15 years, 1 month and 24 days, Kelutives und Inends are respectiviiy invited to at- tend the funeral on Friday, at hall-past nine o'clock, irom St Joseph's Churen, Pacific at, near Vanderbilt ay., Brookiva, Tair.—On Wednesday, Novembor 1, Ronurt Suaw Taity aged 49 years und 9 months. Funeral seFvices to be heid at bis late residence, 43 West 190ih st, on Friday, 9th meat, at hatl-past seven P.M. Relatives and iriends aro respectiully Invited to atteud. Trains leaves Grand Central Depot for Hariem at fifty minates past sx P. M., and return. ing leaves Harlem at eight minutes past olne P.M. TALMAGE Suddenly, at Jersey City, on Tu evening, November 7, 1877, Wittiam W. Tasataan Funeral service at ‘he residence of his mother, 240 Washington 84, nine ovciock, Friday morning. Rela- tives and {riends are respecttully mVited ty attend, VALENTINE,—At Bronxville, N. Y., November 6, 1877, NaTHasi®t VALENTINE, 1D the $410 year ol nis age, ‘The relatives and trends of the family are requested to altond the fuperal, at St. Yaul’s Church, at East Epwarp Mo- ay FINANCIAL AND COMMERCIAL A Dull Day and Declining Market. GOLD 103 A 102 3-4 A 102 7-8 Government Bonds Quiet and Firm— Railroad Bonds Irregular. MONEY ON CALL G6 A 7 A & PER CENT, ———_—__—_—_ Want Srreer, Wepwespay, Nov, 7—6 P, M. Judging (rom prices to-day neither bulls nor bears have improved the occasion of yesterday’s hohday, so far a8 deciding the future of stock speculation, Business this morniog bas been but the reflex of days immediately preceding, and its character has been that of intense dulness. Matters are dubious. It being doubtiul as to whether prices should go up, buyers hesitate; it being equally doubttul as to whether they should go down, sellers pause, Between the un- certainty of the two transactions halt and business lapses into the vacuity of a brokers’ market. Under this condition of things not much could be expectea of the market and not much was obtained, as a glimpse at the sales lst will show. Such business, however, as did take place was to figures, which grew loss with the waning hours and tetched up at the end of the session at the lowest prices of the day. Lake Shore, Western Union and Michigan Central were mo&t prominent for the uncertain amount of strength which they showed in the morn- ing and equally so for the certain amount of woak- ness exbibited in tho afternoon, Whence came this postprandial decline was not very apparont, but for want of better reference the Silver bill, which in its transition state is neither “flesh, fowl nor good red herring,’? was made to shoulder the defection. The possibility of tue Silver bill becoming the law of the land is produeing an impression somewhat aifferent from what was expected. Although possessing all the elements of inflation and repudiation and by in- ference a rise in gold and specalative values, the stock market refuses to respond. Chaff of this sort has in times past been too freely scattered to cutch the koowing birds of tne prosent when they see how few grains of prosperity can rest in a scheme which has for its results a disturbance of values, a destruction of credit and a goneral robbery of such capitalists as have confided ta tho integrity of the government, The stock murket to-day, unsup+ ported as it was by any artidcial aid from the bull powers that be, faded and sauk away in apprehension of the possible derangement in fnancia) matters that would be likely to follow upon the Silver bill becoming the Jaw of the land, THE SALES TO-DAY. ‘The sales of active stocks as officially reported at the Stock Exchange to-day wore 91,875 shares, distributed as foliows:—New York Central, 1,100; Erie, 7,475; Lake Shore and Michigan Southern, 28,320; Western Union, 17,400; Clucago and Northwestern, 6,400; do. proferred, 3,000; Rock Island, 400; Delaware, Lackawanna aod Western, 9,800; Delaware and Hudson Canal, 1,400; New Jersey Central, 610; Michigan Central, 2,670; Mil- waukee and St. Paul, 7,300; do. preferred, 1,400; AL lantic and Pacifle Telegraph Company, 300; Onto and Mississippi, 2,700; C., G., U. and L, 000; Vacific Mail, sou. : HIGHEST AND LOWEST, ‘The following wore the highest and lowest prices of Btocks to-day :— Highest, Lowest. 2356 Atlantic and Pacific Telegraph. 23 Chicago and Northwestern, Chicago and Northwestern p' Chicago, Rock Island and Pacillc. Delaware, Lackawunua abd Western. Deluware aod Hudson ‘Canal Ere. hannibal and Si . Hannibal and St. Joseph pretorres linnois Central. Lake Shore... Michigan Central Morris and Essex. Milwaukee aud St. New York Ce Opio and Mis: Pacillc stu. Toledo, Wabash aud Western... Western Union Telograph....... CLOSING PRICES. The closing quotations at three P. M. wort Bid. Ask N. ¥. Contral,. 106g Harlem erty Michigan Cen. Tilinols Cow. E 11 118 Union Pacitic Erie p = CC&LC... Lake Sbor 67% «Gi Man & Sido... Wabash. 1g 1 ban & St Jo pe North cestern., 33%, 34) Ohio & Miss. Northwost'n pt 64iy Kock Isiand.... 1UL Fort Wayne. MiL& St Paul. 2X MA&stPaulpe 67% Pittsburg . 7 DL & Went. NJ Central, Dé Hud Ge . Morris & Essex 7) THR MONEY MARKET. Money on call loaned to-day at 6 a 7 per cent and elosed at Spercent. Foreign exchange was dull at 4.80 a 4,801; for bankers’ long and at 4.833¢ a 4.84% for demand sterling, The following were the rates of exchange on New York at the undermentioned cities to-day :—Savannuh, buying 5-16 a 34 discount, selling 34 discount; Cinciunatt firm, par, selling 1-10 pre- mium; St. Louis, 75 discount; Chafleston weak, 6-16 a \ discount, 4, par; New Orleans, commercial 3%, bank 3 discount; Chicago 60 premium, an¢ Milwau- kee par. Pacific Mail Quicksilver |. Quicksiiver p! Adams i THE GOLD MARKET. Gold opened at 108 and declined to 10234. It subse. quently advanced to 102%, at which it closed, The carrying rates were 4, 3, 344, 434 and 534 per ceut, GOLD CLEARINGS, Gold balances.. Currency balances... Gold clearances,... GOVERNMENT BONDS, Government bonds were quiet and firm in the earlicr dealings and closed steady at the following quotations :—United States currency sixes, 121 a 122; do, sixes, 1881, registered, 11044 a 1103¢; do, do, do., coupon, 110% #11034; do. do., 1865, new, registered, 105% a 106; do, do., do., coupon, 10534 a 106; do. do,, 1st registered, 108% a 1085;; do. do, do., coupon, 10844 a 1084; do. do., 1863, registered, 110 a 11034; do. do., do., coupon, 110%¢ a 11034; do, ten-forties, rogistered, 10734 a 108; do, do., coupon, 108 4 a 108445 do, fives, 1881, registered, 1065; @ 106% ; do. do, da, coupon, 106% a 10634 ; do, 434’s, 1891, registered, 10517 4 105% ; do. do., do., coupon, 10545 a 105% ; do. fours, 1007, registered, 102% a 102%; do, do., do, coupon, 10234 a 102%. $1,515,231 1,617,068 18,458,000 RAILROAD BONDS. ‘The earlier transactions in railroad bonds showed an. advance in St. Paul, L. aud M. division, (rom 94% to 95, Chicago and Northwestern consolidated gold coupons advanced to 94, New Jersey Contral firsts, new, to 11144, and Obio and Mi ‘ippt seconds to 633%. New Jersey Central convertibles fell of to 63. Kenssolaer aud Saratoga firsts sold at 11134, Lake Shore consoll~ dated seconds at 973, Harlem coupon firsts at 11634, Union Pacific Orsts at 106g, Fort Wayne seconds at 113, and Pittsburg fourths at 106, Subsequently the market for these securities was quiet and firm, St, Paul, C. and M. division, rose to 10134 0 101%, Central Pacitics sold at 106%, Union Pacific firsts at 106, Chicago aud Northwestern consolidated gold coupon® at 0324 a 9375, and Fort Wayne firsts at 118, STATE BONDS. In State bonds Tennessees wero strong and ade vanced to 46 tor oid, 4654 for new and 45 for new series, Goorgia sevens, new, Sold at 107, and North Carolina special tax, first aud second class, at 2, BANK SARIS, Bank shares sold as follows:—Commerce, 1273 American Exchange, 104, and Tradosmen’s, 126, PHILADELPHIA STOCKS, The closing prices of Philadelphia stocks wore:— Chester, on Friday, tue 9th inst,, at two o'clock P.M. Carriayes will be mm Waiting at the Mount Vernon De. pot (New Ha Railroad) on the arrival of tho | twelve o'clock tain from Grand Central Depot, Bid Asked, City sixes, now 113 ~ United Katlroads of New Jersey.....« 12036 121% Pounsylvania Katlroad, . 30 30 Reading Rutiroad.. 16% 16% Lenigh Valley Kailroud, B54 39 Catuwissa Railroad preterre 3 36 Pusiadelphia and Erie Railroad, 9% 9% Schuylkill Navigation preferred, is 8 Northern Central Railroad, 15 Ww Lehigh Navigation. .... 17 WK Pitteburg, Titusville and Buffaio, 83 9 Hestonville Railway 10% ux Central Trausportation. 206 wo THE FOREIGN MARKET. Lonuon advices this afternoon reported the marke, *