Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1857-06-24

to become the purchaser of the Main Line of
the Public Works of the State, according to
the terms and provisions of the act of Assem-
bly, of May 10th. A. ID. 1857, referred to in
the said bill. and praying for the causes and
reasons therein assigned, that the said Com
pany, their officers, servants and agents, and
the other defendants named IN the said bill,
may be eDjoined, by the decree of your hon
ors, from purchasing the same.
Your petitioners therefore pray that your
honors will permit them to become parties,
complaiDants,to 10 the said cause and aid and as
sist in p, osecuting the same, according to the
practice of equity in such cases, and they will
ever pray, &c. s. COOPER,
JACOB TONER,
WM. PERKINS.
Commissioners Of Allegheny County, Pa.
Commonwealth of Pennsylvania, Alleghe-
ny county. &c On the 18th day of June,
A. D. 1857, personally appeared before the
undersigned authority, S. B. Cooper, Jacob
Toner and VIM. Perkins, the above named
Commissioners of Allegheny county, who, be-
ing duly sworn, said that the facts set forth
in the above petition are just and true, to the
best of their knowledge aud belief.
S. B. COOPER.
JACOB TONER,
WM. PERKINS.
Sworn and subscribed before me the day
and the year aforesaid.
ALFRED B MCALMoNT,
Prothonotary Sup Court, Western District
Mr.. Campbell, on behalf of defendants,
read the following affidavit -
j. Edgar Thompson, President of the Penn
sylvania Railroad Company, being duly af-
firmed according to law. saith, That the coun-
sci for the defendants did not receive notice
until after 3 o'clock of the afternoon of j une
18th 1857, that the county of Allegheny wo'd
petition for leave to be made parties complai-
nant in this cause; that the stock of the Penn
sylvania Railroad Company, issued to the
county of Allegheny at the time of their SUBJ
scription to the capital stock of the Pennsyl
vania Railroad Company, was and is pledged
to secure the payment of the bonds issued by
said county therefore, and that the said pledge
appears upon the face Of the bonds so issned
that the schedule hereto annexed, contains.
as he verify believes, list of the parties hol-
ding or owning said bonds and the amount
held by each; that he verify believes that said
proceedings have been taken by the Commits
sioners of said county without the application
or request of any of the parties holding the
bonds of said county and equitably entitled TO
said stock; that he verify believes that no one
III, and that if reasonable time could be affor-
ded they would request the discontinuauce of
such proceedings and would all freely consent
to exchange and surrender to the said county
the bonds held by them for the Ike amounts
of the stock of the said Company.
J EDGAR THOMPSON
Affirmed and subscribed before me. June
16, 1857. JNo b. KEsNEY, Alderman
Mott ct al VS.. The Pennsylvania Railroad
Company. Charles Henry Fisher being duly
sworn according to law, doth depose and say
that he is the representative Of the holders of
S29l 900 of the bonds of the county of Alle
gheny, the same being portion of the loan
of 81 100000 created by said county for the
purposes of ehecting subscription of 5 Il ,000
900 to the capital stock of the Pennsylvania
Railroad Company. That by the terms Of
the loan which is represented and the pay
ment of which is secured by said bonds, the
shares of capital stock in said Railroad Com
pany which were issued TO the said county of
Allegheny. are pledged as security fer the
| redemption of said loan; that the deponent as
the representative of the said boEds, and there
fore euuttably interested in said stock to the
amoant thereof. does not believe that the val
ue of said stock will be injuriously effected by
| purchase of the said Main Line of public
works by the Pennsylvania Railroad Compa-
ny, if said purchase shall be effected, and docs
no. desire that any proceedings shall be ta-
ken by the county of Allegheny, as whose
property the same are pledged for the purpose
of defeating such purchase. On the contra
| ry thereof he believes that the purchase of the
| said Main Line, if effected upon the terms
and condition of the Act of Assembly, will
be beneficial to the coinpany. That he veri-
| ly believes that it is the interest, and will be
the desire of the other holders of such bonds
to exchange the bonds held by them for the
corresponding amount of stock of the Compa-
ny. =. u hi9i1f1i1 :
1857. JNO. b. KENNEY, Alderman
| To the Honorable the Judges Of the .Suprenac
Court Of Pennsylvania
The undersigned respectfully represent.
| that they are holders in their own right or
for others, to the amounts set opposite to their
names, of the bonds of the county Of Alleghe.
nv. issued for that stock, subscribed by said
county to the PENNSYLVANIA Railroad Gompa.
nv, and for which said stock is pledged, as By
a copy of said bonds hereto attached viii ap.
pear.
That they are the parties equitably inter
ested in said stock to the amount set opposite
to their namei.
That they are in favor of the purchase o
the Main Line of the Public Works by tn,
Pennsylvania Railroad Company, under the
Act of the 10th of May, 1857, and they d.
verify believe that said purchase will be fo
the ad vantage of stockholders in said Com
! pany, and would enhance the value of saic
stock so pledged for the bonds held by them
| That the Commissioners Of Alleghen,
county are only naked Trustees of said stock