Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-18
MoI.cElu MI

Cnlted states Circuit Court Maine Dis
otriotscAt9 Law No. lDod adj j
United States Of America for ,the.,use ors
benefit of the Brooks Hardware Co aru
pany vs.. J. Il. Greer ct al
ORDER OF COURT.
| WHEREAS, Under the provisions =.
Chapter 77S of the Laws of the 1Tn,,e o1
States, approved on the oath day of Feb.
81, Page Sl1 the United States of hna,'
ca, as plaintiff. for the use and benait as
the Brooks Hardware Company. corr vi
Roratlan existing * tin by law and located at
citizen of said State of Maine. filed "a
this court on the 18th day of Novarohai'
4. ID. 1909, writ against J. B. Greer and
| Henry p. GaZZam, both of Pittshnrab "' i
| the District Of Pennsylvania and citia,. III
| of the State of Pennsylvania. and CaT,h
J. Butts, of Columbus, in the Distrct or
Ohio, and a citizen OF the State of Ohio
| said writ being in plea of debt dat tio;;
November 70, A. ID. 1909, and ret,,rnahIo
| to the Circuit Court for said Distrint ne
| Maine, to be held at Portland in said Dis Sl
April. A. D. 1870 the ad damnum in said
| writ being the sum of 100000;
| And WHEREAS it appears by the de-
claration in said writ that the said de-
said Henry p. Gazzam and Carter "" !
| Butts, as his sureties, on the first dav Of
october, in the year of our Lord one
| thousand nine hundred and seven, to Wit,
4
| gatory of that date. jointly and severally
| acknowledged themselves to be indebte.,
to the United States of America, then
| acting by and in the name of The Nat
ional Home for Disabled Volunteer Sol.
diers, in the penal sum of Fifteen Thou
| sand Dollars t$15,000O0), the condition Of
said writing obligatory being, that
| WHEREAS said Greer had entered into
| contract with the National Home for
| Disabled Volunteer Soldiers then acting
for the said United States of America. for
furnishing materials and services, as
| more particularly set out in contract
attached to said bond and bearing date
the twentv-fifth day of September. in the
year of our Lord one thousand nine hun
dred and seven, which contract provided
for the complete construction of the i'm
provement of sewerage and drainage sys
tenn at the Eastern Branch of the Nat
ional Home for Disabled Volunteer SOL
| dlers and the further condition of said
writing obligatory being that if said
Greer, his heirs. executors or administra-
tors, should and would in all respects
duly ana fully observe and perform all
ana singular the covenants conditions
and agreements in and by the same con-
tract agreed and covenanted by them TO
| be observed and performed according to
the true intent and meaning of said con-
| tract during the original term thereof
and as well during any extension thereof
mat might be granted on the part of the
National Home for Disabled Volunteer
Soldiers aforesaid: and that said Greer
should promptly make full payments to
all persons supplying him labor or ma
terials in the prosecution Of the work pro-
vided for in said contract, then that said
| writing obligatory should be void and of
no effect, otherwise to remain in full
force and virtue; said declaration further
alleging that during the continuance of
said contract, or during an extension
thereof granted as provided therein, said
Brooks Hardware Company had supplied
said Greer with materials in the prosecu-
ton of the work provided for in said con-
90 ! l,p ,1xal
four and 33-100 Dollars (s644.33) the pay
ment of which sum has not been prompt
| ly made to said Brooks Hardware Com
pany, although said sum has long since
been due said Brooks Hardware Com
pany; by reason whereof and by force OF
the Statutes of the United States in such
case made and provided an action had
| accrued to said Brooks Hardware Com
! pany to recover of the said defendants
| the sum of six hundred forty-four and
3S-1O0 Dollars t$64i3S); and also alleging
that the District of Maine was the Dis
trict in which said contract was to be
performed and executed, and that said
action was commenced after the expira-
ton of more than six months, and less
than one year after the complete per-
Torrance of said contract and the final
settlement thereof:
And WHEREAS it appears that said
defendants. J. b. Greer Henry p. Gaz-
| Fam and Carter J. Butts. are not inhab-
itants of. or found within said District of
Maine and have not voluntarily appeared
in said action; IT is ORDERED:
Putnam J.-Gan. s; 1870 That said J.
| B. Greer, Henry T. Gazzam and Carter J.
| Butts be directed to appear before said
| Circuit Court for the District of Maine.
and plead. answer or demur to said writ
| and declaration on or before Monday the
second day of May, A. ID. 1910. at two
o'clock in the afternoon, and that service
of this order be made on said defendants
| by the Marshal of the District where each
| of said defendants reside, or by his de-
putty, by giving each of them in hand, or
| leaving at their residences full printed
| copy of said order. certified by the Clerk
| of this Court to be true copy, thereof
and that proof of such service shall be
made to the Clerk of this Court where
said action is pending. on or before the
first Tuesday of April, A. d. 1910
of this Court shall, on or before the 18th
day of January. A. ID. 1910, give personal
| notice of the tendency of the above suit
to all known creditors of the said de-
and Carter J. Butts, having the right to in
tervene in the above entitled action in ac-
cordance with the provisions of said
Chapter IT'S of the Laws of the United
States, approved on the oath day of Feb
ruary. 1905, United States Statutes at
Large. Volume SO. Page 81. informing
them of such right to intervene, by mall
ing to them. at their post office addresses.
a like certified copy of this Order, that
such creditors may file interventions In
said action. if they shall see fit so to DO;
| and in addition thereto shall also give
notice of the tendency of this suit and OF
the right of creditors to intervene therein
by the publication of this Order in the
| Daily Kennebec Journal for three sue
cessive weeks, the last of such publica-
tons to be at least three months before
said second uay of May. 1910
1t is further Ordered that service, IN &C
cordance with this Order, is, and Will De-
held as compliance with Section ;
of Chapter 1877 of the Laws of the Untea
| States, approved on the third day OF
March, 1875. entitled IAN Act to Deter
mine the Jurisdiction of Circuit Courts
| BY the Court.
| H. ST JAMES T.. HEWFY, Clerk.
A true copy of the original Order OIL
Court.
Attest. JAMES F.. IIEWEY,
| Clerk of the Circuit Court OF
| the United States for the