The New York herald., 1868-11-26

sensibility and then carried him and left him on
railroad track ounselhaving concluded, the Court
reserved opinion.
SUPREME c0uaT-cHAMBEss
Tho Erie War-The Order Appointing Henry
E. Davies Receiver Of the Company Set
tled-Judge Barnard's Stny OF Proceedings
Vacated and a Modified Stay Granted by
Jadxe Sutherland.
Before Judge Sutherland.
August Belmont et al. u.s. The Erie Rdapap COM
puny, could, Fisk, Lane and OheYs.-The settle
ment Of Judge Sutherland's order made on Monday
night appointing Henry Z. Davies receiver OF all the
property OF the company, came before this court
yesterday. Judge Sutherland decided that Judge
Barnards stay did not prevent the settlement of the
order, it being mercy part Of the proceedings OF
Monday night which had been postponed until to-
day at the request OF defendants counsel them
selves
JUDGE suTHERLANp's ORDER AS SETTLED.
At special term OF the Supreme Court held for
OF New York, the 25th day Of November, 1865 pre-. pre-
An order having been made in this action at special
term on the 23d day OF November, 1865 appointing
Henry Z. Davies receiver Of tho railroad and fran
chlses, and property, real and personal funds as
sets, moneys, securities books papers, effects and
leases Of the Enc Railway Company, with power to
powers Of receivers in IKE cases. And the said
receiver having duly executed his Official bond,
and said bond having been duly approved and
flied, and the said order containing q provision
property Of which SAID Henry E. Davies is appointed ted
receiver and his power and duties such receiver
be settled by this court at term TO be held at
on the 25th day OF November, 1885, at nine O'Clock
A. n. Now, on motion Of G. A. Rapallo, Edwards
tfrs, and after hearing William Fullerton, John Z.
Burril and A. vanderpoel Of counsel for the Erie
e ad mat
Justice Barnard, dated November %. 1885, did stay
the settlement Of said order, and after said objec-
tion was overruled appearing on the settlement
Of this order, but excepting to such decision.
1t is ordered that the said Henry E. Davies Is
Sy declared to be ire receiver Of tie Erie RAILWAY Conn.,
pany and OF the railroad real and personal property
s powers, rights privileges and and sSthcrty thereto
appertaining except the franchise Of being o corpo.
poraon and Of its title Deeds leases contracts ana
leased property and Of the rights hereunder,
wherever any or al OF the said property, income.
ated. collected exercised 1r enjoyed, and whether
in the states OF New York, Pennsylvania or New
allow, and OF all the funds assets deposits,
ciaims chooses In action, books papers and
hereunder 70 % Be- held and for the protee
ton OF those interested IN said company; and that
said receiver be and he ID hereby authorized to
and operate said road and all roads and branches
and ferries including the Pavonia ferry leased
or operated by the Erie Railway Company, or under
chses to preserve said property In proper condition.
TO repair and renew all existing structures and to
make all requisite additional structures as may be
needful and proper for safe and efficient ransporta
tion on said roads and branches and TO do al, pro-
per acts and take al proper for protecting
and securing the possession, use and enjoyment OF
what he shall receive hereunder and for promoting
the buGness Of said company; that he be AMI he Is
hereby authorized 20 retain and employ all such per-
sons and TO take such advice as may be
reasonable and needful and proper In and about
the discharge Of his duties under this order; and
generally that said receiver Is authorized to do and
caused to be done IN respect Of the property,
franchises, rights and contracts, and Of Whatever
business concerns Of said company always having
due reference to the interest Of the creditors and
which but for ths order might and should have been
done by said company, or by any one on its behalf,
claims and the direction and control on behalf OF
said company OF all suits ana legal proceedings now
or to be pending by or against said company, and
corporation are required 70 act In the prosecu-
tion ana defence OF such suits and proceedings
request TO give place to others that he re authorized
70 settle and ADJUST and satisfy all claims for dam.
ages, injuries and loss TO persons and property,
against him receiver, In any case where he nas
not been guilty Of breach Of trust and that he be
authorized 10 pay such sums from the property OF
his receivership; that the said receiver be autho.
rived TO institute such suits and proceedings In this
advice Of counsel should DO proper and for the ad
vantage OF the property and rights 10 him committed,
anu 10 proper expenses Oh tne S1mc any
judanent recovered against him az such receiver in
any such suit, ana that he be authorized TO defend all
suits and proceedings affecting his rcceivershp.
But IL Is ordered that no enitS by or against the
company exception claims by against passengers
or freigLters, anti for damage to person property
and such other suits as have arisen may arise In
the course OF the ordinary business OF said company
or OF the receiver. shall be settled OF COMPROMISED
without the order Of this Court. That said celver
be authorized In oil cases IN which he has any
sonable doubt as TO his duty to apply TO this Coar
by petition or otherwise, Tor instructions az to tie
matters toswhich such petition shall relate Said
celver Il hereby authorized and required 10 at once
enter into and upon and take possession OF the
oi,ices OF sid company and the contents thereof
ali the property. premises erectione, fcrryboas
and OF Whatever ~ thereon or therein belong
me right OF possession or control, and whe.
tber the same be held bT lease or otherwise, to
require Of ITS president directors, omeefs and
they or eitherSof them have or nod, by virtue Of
their relations said company, or belonging hero
10, and that said receiver may take a proper pro.
states L may be necessary TO proceed And It -
further ordered inat the Erie Halfway Company, us
arectors otieen ennpioyes agents ana Al perSons, @
session or under theft control any or tie money,
funda property estate. real OF personal. ol salo
COMPANY, or derived from me sa,e q n mocrs OF OF
any bank books, papers, vouchers, eecurites or
effects OF any nature or kind whstever beonglng 70
% OF used y sad corporation dessnaan, a. .ssa q ~. s
ceyer una reoognzs HIS authority, and ne hereby
aurhorlzed to take Possession thereof; and his re-
ceps given g sny holder Of any money or other pro-
which he ls appointed receiver surrendered to him.
shall be eniiicieDt voucher and discharge 20 such
o.nsar s ~ 0ssr s ordered that Dsyn ssrsy
appointed referee in this action FOR thc pur-
poses Of this order. ana that the directors, on.
ss as saa ssFn;: s r s:ss :ss s'TSs "a s