Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-11
AIN. 2,l .fE!s: TX

shHaf States cirssat Eqprt ,sAfsine Dis
United States of America for the use and
benefit of the Brooks Hardware Con-
pany vs.. J. b. Greer ct al.
ORDER OF COURT.
i WHEREAS, Under the provisions or
Chapter us OF the Laws of the JTnited
states, approved on the 24th day of Feb
ruaTy, 1906. U. s. Statutes at Large. Vol
30. Page Sll. the United States of Sm soi.
ca, as plaintiff. for the use and bepefit ~
the Brooks Hardware Company a CO. VI
poration existing by law and located ~
Augusta. in the District of Maine and a
citizen of said State of Maine. filed T., IA
this court on the 18th day of Nova,,,ho ~
a. ID. 1909, writ against j. b. Greer ,,I;
Henry p. Gazzam, both of Pittsa,reh a.,
the District of Pennsylvania. and n; -, III
of the State of Pennsylvania, and S ar,ns'
j. Butts. of Columbus, in the Dis,ria, ger
Ohio. and citizen of the State or o., VI
said writ being in a plea of debt an,
November 10, a; ID 1893 and returnable
Maine, to be held at Portland In said his
| trict of Maine, on the third Tuesdav mc
April, A. d. 1910. the ad damnum in said
writ being the sum of $4,000;
| And WHEREAS it appears by the do.
claration in said writ that the said do
| PENDANTS. J. h. Greer, as PRINCIPAL ana
| said Henry =. Gazzam and Carter 7
Butts, as his sureties, on the first day Of
October, in the year of our Lord one
| thousand nine hundred and seven, to VIII.
at said Portland. by their writing ohli.
gatory of that date, Jointly and severaIly
acknowledged themselves to be indebted
to the United States of America, then
acting by and in the name of THE Nat
ional Home for Disabled Volunteer Sol.
| dlers, in the penal sum of Fifteen Thou
SAND Dollars $l5;oOOO. the condition of
said writing obligatory being, that
| WHEREAS said Greer had entered into
a contract with the National Home foy
| Disabled Volunteer Soldiers then acting
for the said United States of America, for
| furnishing materials and services, as
| more particularly set out in a contract
attached to said bond. and bearing date
| the twenty-ffth 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 svs-
tenn at the Eastern Branch of the Nat
| ional Home for Disabled Volunteer SOL
| diers and the further condition of said
writing obligatory being that If said
| Greer, his heirs, executors or adminstra-
tors, should and would in all respects
duly and fully observe and perform all
| and singular the covenants, conditions
| and agreements in and by the same con-
| tract agreed and covenanted by them TO
| be observed and performed according 10
the true intent and meaning of said con-
| tract, during the original term thereof
and as we'll during any extension thereof
| that might be granted on the part of the
| National Home for Disabled Volunteer
| aIOTeSdiu. ana tnat 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
Brooks Hardware Company had supplied
said Greer with materials in the prusecu-
ton of the work provided for in said con-
| tract, of the value of Six Hundred forty
four and 33-100 Dollars 44.33), 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 defendant :
| the sum of six hundred fortyfour and
| 33-100 Dollars ($644.33); and also alleging
that the District of Maine was the Dis
trict in which said contract was to b.
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:
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; 1T is ORDERED:
Putnam J.-tJan. S, 1870. That said J.
B. Greer, Henry p. 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
| Ixyf I,o al of hn int yxrha aaph
| 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 a true copy thereof
| and that proof of such service shall b.
made to the Clerk Of this Court where
said action is pending, on or before the
| first Tuesday of April, A. D. 1919.
| 1t is further ORDERED that the Clerk
| 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-
| PENDANTS, J. b. Greer, Henry p. Gazzam
| and Carter J. Butts. having the right to IN
| tervene in the above entitled action in ac-
| cOrdance with the provisions of said
Chapter us of the Laws of the United
| States, approved on the oath day of Feb
ruary, 1908. 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 81 to do;
and in addition thereto shall also Civ,
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
cessve weeks. the last of such publlca-
| tions to be at least three months before
said second day of May. 1910.
1t is further ordered that service IN ac-
| cordance with this order. is. and will be-
held as compliance with Section
of Chapter 1871 of the Laws of the unite1
States, approved on the third day OF
| March, 1875. entitled "An Act to Deter
mine the Jurisdiction of Circuit Courts.
| BY the Court,
IT.. 81 JAMES T.. HEWEY, Clerk.
true copy of the original Order oil
Court -
| Attest. JAMES r.. HEWEY, =.
Clerk of the Circuit Court OF
the United States for the