The New York herald., 1868-11-26

other person having In his possession or under
psny, Or derived or IL benent rom the sale Of its
stScis or bonds % OF other property and a persons
before him and be examined to uching the property
and effects OF said company, do on the summons OF
time or times and at such place or places as he may
designate in such summons, ana then and there and
,nurusd u1 nSs 70 wn,cn sncn may De ad
all such property books, papers and effects, and the
custody. disposition and proceeds thereof and state
forthwith deliver TO said receiver all pro-
perty, funds. books, papers, security and
the possession o Spand or under the % control d OF
the party or parties 80 summoned, and
also The proceeds Of any prSopsrty or effects stocks
have been received by such person or persons or
may be under his or their CONTROL And it is fur
pensation for and the expenses OF the proceedings
for his appointment under the direction OF the Conrt
snd at nc pc a al 1ack sgns
ances. and generally that he make all payments
reasonably necessary and proper for the secu-
ever he is appointed receiver OF, or may be
reasonably needful about the discharge OF his
duties as receiver and the pay nent OF his
employees and OF his expenses in his trust.
And 1t Is further ordered, firstly. that said receiver
do cause TO be prepared and present TO the Court
company, stating the time the same was issued and
other facts relative to the creation and issue thereof
W
schedules, to be sworn to by him, OF all the money,
funds, chooses In action, written contracts and claims
interest or is party wic6 he shall or should sI rs
ceive upon entering upon the discharge OF bis trust,
stating therein where ne found and from whom he
received the same respectively; and that SO much OF
SAID schedules as relate to money, funds, notes and
certificates be prepared and fed with the greatest
possible despatch, and at the same time state the
money and funds he has In hand and where the
same then are. Thirdly that said receiver do cause
to be prepared and flied schedule, under his oath.
of all 10 tha mn nf
each kind, and generally OF all the supplies, fuel,
material, furniture and other miscellaneous personal
property mot hereinbef0re mentiOned) specifying
the same with such particularly as may be found
reasonably practicable.
named be flied when made with The clerk OF this
court, and that copy thereof be produced by the
receiver before the referee herein named who shall
on notice 10 the attorneys Of the parties who may
appear herein make q reasonable examination into
the accuracy OF such schedules respectively anu
shall speedily report the this Court with any
testimony he may have taken touching the accuracy
and good faith OF the same And IL is further
ordered that all the directors officers, agents It's
other persons do refrain from interfering with or
obstructing said receiver In his possession or use OF
In taking possession OF same. And II Is further or
dered that the receiver shall deposit the moneys
which shall from time to time come into his hands In
some Of the banks In good credit in the city OF New
York, to his credit as such receiver and that such
moneys shall be drawn out ON the checks OF te re-
ceiver or otherwise, as he may direct Tor the pur.
poses OF the trust and whenever the moneys SO on
deposit shall exceed $500 600 the excess shall be de-
posted by the receiver IN the Union Trust Company.
And II is further ordered that the receiver keep and
cause to be kept books, In which all moneys received
and paid out shall DC correctly entered ana tnai gen
ratlons OF the lines OF road under his charge and OF
his own dongs as may be practicable, and shall en-
able the same to be clearly understood.
JOSIAH SUTHERLAND. Justice, &c
TIE ORDER MODIFIED.
The order was then modified, after some desultory
discussion and the motion 10 set aside Judge Bar
nards stay was taken UP and the following order
made:-
An order having been made In this action by his
Honor George q. Barnard one Of the justices OF this
court. dated the 23d OF November, 1885, staying all
proceedings under the order made ar Special Term
in this action on the 2sd Inst appointing receiver
order appointing receiver such stay not to exceed
twenty days. and an order having been made herein
fendants to show cause this day at this Special Term
why said order staying proceedings should not De va
@ Eaton u Pierrepont and Barlow % Of counsel for pa
rifs and on reading, fling the af1davits on which
the order to show cause was founded and on all the
founded, and after hearing Messrs. A. J. Wander
poel and John f. Burril, OF counsel for
se ordered ns Ss ssa ans order Staying
proceedings be and the same Ia hereby vacated and
inss Of the SAID receiver under said order q the Esd
instant appointing him such receiver, and under the
subsequent order made this day, more particularly
defining the duties OF such receiver 30 far as such
orders either Of them relate to the receiver taking
possession OF the ferres railroad and rolling stock.
supplies and furniture, leases and the earnings,
freight and passage money and tolls or the company
accrued and received since the Ist day OF NoveIn.
operating said ferries or exercising the franchaes
or said company in respect TO the running
OF is road and other roads and ferries be suspended
until the decision OF the General Torn upon the ap
peal taken from the said order appointing said re-
ceiver, dated November 2S, 1858, and upon any ap.
peal which may be taken within ten days hereafter
IRON the order entered this day. defining the duties
OF said receiver but this stay shall not prevent said
receiver from calling upon the directors and officers
OF said company by legal proceedings or otherwise
for accounts Of the earnings and receipts Of said
company, and for payment or all surplus Of said
earnings over and above the amounts thereof neces
sary to pay the legitimate expenses Of running said
railroad and operating said ferries and that none OF
the proceedings OF said receiver under or upon said
orders be stayed, except as herein before specified
]. SUTHERLAND