The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-09-21

% the Sledbenvle & Indiana Railroad. Judge
Jewett is appointed Receiuer. The following
S the order Of the Court:-StcaJ. UH.oa.
Pa L. R. Co. & J. w GarEettl
and Henry Garrett,
rs.
5teubenyille L Indiana Rail
Road, and others. .....
And now, to wit: on the I'd of Sept, 1859,
came the said parties By their counsel, and on
motion Of the plaintiffs (notice thereof being du-
y served on the defendants, the Steub and Ia.
R. r Co.. it is made to appear to the Court
and the Court doth find that it is necessary for
the care and preservation of the mortgage pre-
misses sought TO be subjected to the payment of
the claims OF the plaintiffs and others, accord
ing to the prayer Of the bill of the complanants,
that the same be placed in the hands ofa Receiv-
er, subject to the further order of the Court
herein.
1t is, therefore, By the Court here ordered,
that ThOs. l.. Jewett be- and is hereby appoint
ed Receiver in this cause with power to enter
upon and take possession Of the Railroad and
branches thereof of the5teubenyille and Indiana
r. +. CO., together with all the supplies Of ma
terials Including fuel, oil and paints wherever
situated, belonging to tha said company and pro-
yided by it for the use Of its railroad together
with all side tracks, switches station houses,
shops, turntables and all locomo
tiyes, engines, cars and rolling stock of every
kind and description, and all tools and impe-
ments used in operating or repairing the said
road and other property or effects provided
therefore by said Company, also the money,
chooses in action and books and papers, Of
fee furniture and iron, safes and all other
property real and personal belonging to
said Company by whatever name the same may
be known or designated aud the same to demand
and collect by suit or otherwise, and to retain,
hold, use and dispose Of, under and subject to
the order Of this Court to be made in this behalf
Said Receiver in the corporate name of SAID
Company and b. the exercise Of its corporate
functions. shall maintain and keep N repair the
said Rail Road and branches and operate and
carry on the same or such part thereof as may
be practicable to th> best advantage for the in
terest of all parties concerned, and to this end
the officers agents and employees OF said compa-
ny having the custody or control ofsaid proper
ty 50 to bo taken possession o by said Receiver
as aforesaid, are hereby ordered and required
forthwith on request of said Receiver to surren-
der the same to him, his agents and employees;
and legal possession and control Of said proper
" anu elSCIS, SDdll feSL III Sdlu iltGtNGE llLtuH-
diately upon his taking the oath and giving the
bond required by this order, and said Receiver
is authorized and empowered to retain and em-
ploy such counsel, agents servants, laborers, &C
Countants, clerks and assistants, as may be nee
essary under him to carry this order into effect
with economy and prudence; and to that end
and subject to the further order of this Court
to appropriate and apply the property money
and effects aiore said together with the current
earnings of the said road and the business to be
carried on, in and about the prosecution Of the
said business, so far as the same may be neces-
sary, and in the corporate name of said compa
NY to enter into contracts for obtaining supplies
for the prosecution OF said business, and fol
sustaining said road in proper repair and con
dition; also when necessary to repair and bulC
bridges, arch tunnels, put up turn tables anC
other structures necessary and proper for the
advantageous and economical working OF sac
Railroad, and necessary station houses for the
transaction Of its business.
And said Receiver acting in good faith IN.
der this order, without negligence and in the
exercise Of ordinary prudence and care, shal
not be answerabe in his individual right fol
any breach Of contract to be entered into by
him as such Receiver, or to any injury of any
person or property of third persons by accden
in the prosecution of said business, or by tht
negligence Of others employed by him in tha
behalf and in regard to all such breaches o
contract and damages of persons, or property
Of third persons, and for the just protection 0
such Receiver generally, the property and eiitct
Of said Company, in the hands of said Receiver
together with the products Of the business to b.
carried on az aforesaid shall be amenabIe to b.
applied to the identification and protection 0
said Receiver, rs may be lawful and as tn
Court may hereafter order.
1t is also further ordered that the said Receive
without unnecessary delay, upon entering upol
his duties, shall make a schedule Of all items 0
property, with an apt description of the same
which shall come into his hands under this or
DER and of all chooses in action, and evidence
ofdue to said company from third persons ant
Of all monies on hand at the time he shall tax
possession uLder this order, and file the same i
this cause. He shall keep in a systematic or
der full accounts of the receipts and disburse
ments ofmoney, by himself and employees, an
the surplus arising from said business he sha
deposit in some bank or banks of good cred
in Stcubenville or other points along the line
said road, and he shall not use or permit til
same to be used otherwise than in pursuance
the order of this Court, and he shall within fol
ty-fiye days after the close of each month an
oftener if required by this Court, file month";
statements Of the receipts and disbursement
and a like statement of all liabilities incurre
| by him during the same month which shall II
main unsatisfed and all liabilities Of Others, ii
Cured during the same time to the trust in h
1 hands remaining unpaid, with such other az
| l., 4
clear understanding Of the condition of tt
trust in his hands, at the period covered by eac
report; and in his accounts he shall discrimnat
between receipts from the prosecution Of the b
siness by him and from other sources
| Said Receiver is hereby authorized at discrt
ton to dismiss from service any agents or en-
povees ofsaid company, other than the Direc
ors, Treasurer and Secretary, and elore ente
ing upon his duties under this order, he sha
take an oath, truly and faithfully to dschart
his duties as Receiver herein, according to Il
best Of his skill and understanding, in conform
| ty with this order and such other orders
: shall be made by the Court herein atany tin
hereafter and shall also give bond to the con
plainants, as obligees therein interested in sa
Receivership in the penal sum Of twenty thou
and dollars, conditioned for the true.and iaitl
full performance Of the duties OF Receiver, acco
ding to the erder and directions Of this Coul
and delivered to the Clerk Of this Court to
held for the use fall persons interested in Il
subject matter Of this suit.
1t is further ordered, that the nett proceeds
the business 10 be prosecuted and carried
by said Receiver, pursuant TO this order, shs
be applied as the same shall arise, TO the iolloy
ing uses, in such order as to the said Receiv
shall appear to be necessary or most oxped
ent:
1st To the payment Of balances due for i
Dor performed and materials and supplies tu
nished to said company, in the prosecution
its business and the necessary repair Of its roS
at any time Since the LIST day Of January las
and FIR balances which NAV be due 10 connec