to operate the New York and Putnam railroad, the Board promulgated the following order:

Ordered, that said application be and hereby is granted, conditioned upon the lessee, the said New York Central and Hudson River Railroad Company, continuing to afford at least as good service and accommodation to the traveling public and shippers on the line of the said New York and Putnam railroad as has heretofore been rendered by the New York and Northern and the present New York and Putnam companies, it being the intention of the Board to consent to such lease on the express condition that said New York and Putnam railroad shall be so operated, and that provision to that effect shall be inserted in said lease. Subsequently an amended case was presented containing the following covenant in compliance with the foregoing order:

Sixth. The party of the second part, for itself, its successors and assigns, covenants and agrees that it will, from time to time and at all times during the term hereby granted and demised, do every act and thing that may by law be obligatory upon it or upon the party of the first part with respect to the operation, condition, maintenance and use of the said railroad premises and property hereby demised, and every part thereof, including the keeping and rendition of all accounts and reports required by law, and that it will, during the tenure of the said demised premises under and by virtue of this indenture, so operate and maintain the said railroad premises and property hereby demised as to afford to the public equally good facilities as are rendered to the public over said demised railroad premises at the date of this indenture.

Whereupon the following order was promulgated:

Pursuant to the requirements of the Board heretofore made herein, an amended lease having been presented to the Board, a copy of which is hereto annexed, and said amended lease being in compliance with the terms of said order, it is

Ordered, that the consent of the Board to said amended lease be and hereby is granted.

By the Board.

II.

IN THE MATTER OF THE APPLICATION OF THE FONDA, JOHNSTOWN AND GLOVERSVILLE RAILROAD COMPANY FOR LEAVE 10 LEASE THE JOHNSTOWN, GLOVERSVILLE AND KINGSBORO HORSE RAILROAD, UNDER SECTION 80 OF THE RAILROAD LAW.

February 13, 1894.

Application having been made by the president and directors of the Fonda, Johnstown and Gloversville Railroad Company for leave to lease the Johnstown, Gloversville and Kingsboro horse railroad, under section 80 of the Railroad Law, and a copy of the lease having been filed with this Board, the opinion of the Attorney-General was asked as to the power of the Board under the foregoing section upon the question of the lease of a street surface railroad by the petitioner, it

being a steam railroad company, to which the Attorney-General made the following reply:

"I am in receipt of your communication of the sixth inst., requesting my opinion as to whether or not, under section 80 of the Railroad Law, a lease of a street surface road by a steam road requires the approval of the Railroad Commissioners. In reply thereto, I beg leave to call your attention to the language of said section 80, which distinctly prohibits the leasing of certain roads without the consent of the Railroad Commissioners. It is true that street surface roads are exempted from the prohibition above referred to, but in my judgment the exemption intended by said section has reference to the leasing of one street surface railroad by another of like character; and I am, therefore, of the opinion that the leasing of a street surface railroad by a steam road required the consent and approval of the Railroad Commissioners."

There being no opposition to the approval of the lease, and it appearing that public interests would be best served by the operation of the above-named roads under one management, the following action was taken:

Ordered, that said application be and hereby is granted, conditioned upon the lessee, the said Fonda, Johnstown and Gloversville Railroad Company, continuing to afford at least as good service and accommodation to the traveling public and shippers on the line of the said Johnstown, Gloversville and Kingsboro horse railroad as has heretofore been rendered by the said Johnstown, Gloversville and Kingsboro Horse Railroad Company.

By the Board.

III.

IN THE MATTER OF THE APPLICATION OF THE FONDA, JOHNSTOWN AND GLOVERSVILLE RAILROAD COMPANY FOR LEAVE TO LEASE THE CAYADUTTA ELECTRIC RAILROAD, UNDER SECTION 80 OF THE RAILROAD LAW.

April 30, 1894.

Ordered, that said application be and hereby is granted, conditioned upon the lessee, the said Fonda, Johnstown and Gloversville Railroad Company, continuing to afford at least as good service and accommodation to the traveling public and shippers on the line of the said Cayadutta Electric railroad as has heretofore been rendered by the said Cayadutta Electric Railroad Company.

By the Board.

Applications for Exemption under the Provisions of Chapter 544 of the Laws of 1893.

AUTOMATIC COUPLER ACT.

I.

IN THE MATTER OF THE APPLICATION OF JOHN KING AND J. G. MCCULLOUGH, AS RECEIVERS OF THE NEW YORK, LAKE ERIE and WESTERN RAILROAD COMPANY, FOR EXEMPTION UNDER THE PROVISIONS OF CHAPTER 544 OF THE LAWS OF 1893.

April 2, 1894.

Application for an extension of time within which to equip twenty per cent. of all freight cars owned and operated by the above-named petitioners during the year 1893, with automatic couplers of the master car builders type, having been made to this Board; upon reading and filing a verified statement showing the total number of cars owned and operated on the first day of January, 1893, and the number of cars equipped with automatic couplers of the master car builders' type, and upon reading and filing the affidavit of the petitioners, dated on or about March 21, 1894, and it appearing therefrom that the financial condition of the said company would not permit of the required expenditure at this time; now, on motion of James S. Allen, counsel for the petitioners, and no one appearing in opposition thereto, Ordered, that said application be granted.

By the Board.

II.

IN THE MATTER OF THE APPLICATION OF SAMUEL G. DECoursey, as RECEIVER OF THE WESTERN NEW YORK AND PENNSYLVANIA RAILROAD COMPANY, FOR EXEMPTION UNDER THE PROVISIONS OF CHAPTERS 543 AND 544 OF THE LAWS OF 1893.

July 17, 1894.

Application for an extension of time within which to equip twenty per cent. of all freight cars owned and operated by the above-named petitioner during the year 1893 with automatic couplers of the master car builder's type, and ten per cent. of all freight cars owned and oper

APPLICATIONS FOR EXEMPTION UNDER CHAP. 544, L. 1893. 71

ated by said petitioner during the year 1893 with continuous power or air brakes, having been made to this Board; upon reading and filing a verified statement showing the total number of cars owned and operated on the 1st day of January, 1894, and the number of cars that have been equipped; and upon reading and filing the affidavit of the petitioners, dated on or about June 29, 1894; and it appearing therefrom that the financial condition of the said company would not permit of the required expenditure; now, on motion of Frank Rumsey, counsel for the petitioners, and no one appearing in opposition thereto, Ordered, that said application be granted.

By the Board.

CHANGE OF NAME.

IN THE MATTER OF THE APPLICATION OF THE CORTLAND AND HOMER, HORSE RAILROAD COMPANY, TO CHANGE ITS NAME TO THE Cortland AND HOMER COMPANY.

Ordered, that the petition be and hereby is approved, and that publiation be made in the Albany Argus and Cortland Democrat, in compliance with section 2,413 of the Code of Civil Procedure.

By the Board.