The Republican. [volume] (Oakland, Md.) 1877-current, 1913-10-23
Order of Publication.

John T. Steyer and wife, VS.. Branard Coal
Company, and COudersport Trust Compa-
ny, Trustees
No. - Equity. IN the Circuit Court for
Garrett County, Maryland.
The object of this suit is to procure a de-
cree to vacate. annul, recind and set aside
certain lease executed by the plaintiffs to
one H. NJ. Datesman, his heirs and assigns,
and now held by the defendants.
This bill states that on June u, 1903, the
plaintiffs leased to II. NJ. Datesmau, his
heirs and assigns. all the coal underlying
Military Lot No. 2C5. and all that part of Mil
itary Lot No. 1919 not covered or held by the
heirs of Israel Thompson, situate in Garrett
county, Maryland, and by certain mesne and
sundry conveyanceS and equity proceedings
in the Circuit Court for Garrett County, the
interest of said DateSman i'll said coal is now
vested in the said Branard Coal Company,
and in the said Coudersport Trust Company
Trustee. MORTGAGE, by conveyanceS duly of
record in Garrett county aforesaid. and that,
by the terms of said lease covenanted to pay
, cents per ton for each and every ton of coal
mined and taken out of said land, settlement
ana payment therefor to be made January
and July list in each year during the exist
ence of said lease, and that Branard Coal
Company has failed and refused to make
said payments according to said lease, and
that by the further terms of said lease. the
said lessee was to mine and take out the first
year after beginning operations on said land
the minimum of 1000 tons. and 5000 tons the
second year and 5000 tons each succeeding
year thereafter during the existence of said
lease. and whether said number of tons be
taken out or not said lessee was to pay for
said number of tons each year, and that said
minimum royalty, amounting to the sum of
$250.00 per annum. has not been paid since
January |, 1911, and is now more than two
and one half years in arrears, and that said
Branard Coal Company refuses to make such
payment, and refuses to carry out and per-
form its covenants, as setforth in said lease,
and that the plaintiffs are being deprived of
their property and the revenue therefrom TO
which they are entitled under said lease, and
that they are entitled to a decree declaring
said lease nun and void, and that the same
be rescinded and set aside.
The bill they prays for decree declaring
said lease nun and void and at an end, and
resembling and setting the same aside, and
for general relief, and an order of publica
tion against the defendants, who are non
residents of this State, and a subpoena
against said Branard Coal Company for ser
vice upon its statutory agent residing in the
State of Maryland.
1t is therefore ordered by the Circuit Court
for Garrett County. sitting in Equity, this
4th day of October. 9l3. that the plaintiffs,
by causing a copy of this order to be Inserted
| in some newspaper published in Garrett
county, once in each of four successive weeks
before the 9Th day of November, 1913. give
notice to the said absent defendants OF the
| object and substance of this bill, warning
| them to appear i'll this Court in person or nv
! solicitor, on or before the 25th day of No
| vember 1913, to show cause if any they have,
why a decree ought not to be passed as
| prayed.
E. 2. TOWER, Clerk. ,
] True copy-Test: E. 2. TOWER, Clerk.