The New York herald., 1868-03-20

Cd uDOu the 0elcUQ60b tlAc EIlo RAILWAY COMPANY,
OF the said order to show cause and OF copies OF
the said supplemental complaint and the arada-
Wits and other papers thereto annexed aforesaid.
and the court taking c0gnzance OF the fact that the
said order TO show cause was then and there, on
the 1lth day OF March, 1885, publicly made In open
the directors Of the Erie Railway Company and their
counsel, who were then In attendance upon said
court; and that the said order to show cause, to-
gether with the copies OF said supplemental COM
plant and the said afidavts and papers thereto at
tached, were served on said the Erie Railway
more one OF said directors Of said COMPANY In open
court, before he had given bail to the Sheriff on the
attachment with which he had been served In court
and the amount OF which bail had been fixed at $780,
and that such service was made In presence
Of the court Immediately upon the making OF
through its said director and that said couSse Weye
then and there called upon In open court by plain
tins counsel to state whether time was required TO
cause was founded, and were asked t by the court
whether the PLAINTIFFS motion said order TO show
cause was opposed. and that no response was made.
And II having then and there appeared to this
court by the return Of the Sheriff or the city and
county OF New York then and there made in open
this court against the defendant John s. Eldridge,
the President and one OF the directors OF said Erie
Railway Company, and against James Fisk Jr, Jay
Gould, Henry Thompson and G. Bancroft Davis,
directors OF said company. for alleged contempt
Of this court In disobeytng order OF injunction,
the said John s. EIdrdge, James Fisk IT,, Jay Gould,
Henry Thompson and J. 9. Bancroft Davis could
not 30 found; and the Court having. therefore,
rected that an order be entered ~ appointing rTSSl
George A. Ossood receiver as hereinafter set
having been made by his Honor Thomas w. Cerke
staying the proceedings upon said appointment OF
said receiver, and. staying the entry of an order
thereon until the decision OF motion to vacate said
appointment to be made on the first Monday Of
April 1883, OF which motion notice was served with
been, therefore, the 10th day OF March, 1885, made
by his Honor Mr.. Justice Barnard requiring the
said the Erie Railway to show cause, on the 10th
day OF March inst before him, at this special term,
why (among other things) the last mentioned order
OF his Honor Justice Clerke should not be vacated,
and directing the motion TO yacate said appointment
OF said receiver TO be there and then brought to
Now, on reading and filing this last mentioned
papers on which the same was founded, and due
proof OF the service thereof on George M. Diven,
Martin smith, Esqs, attorneys s. for tie defendant
Daniel Drew, In this action none of the other de-
PENDANTS having appeared herein, after hearing
counsel for the plaintiff and Mr. Field Of counsel for
the said company, and for the defendant, Daniel
Drew In opposition, and reading proof Of the issuing
and service on the said Richard schell Of certain
Injunction order, made by Judge Clerke which are
filed herewith, 1t Is on this 18th OF March, 1863
ordered and this court doth decide that said last
mentioned, order OF injunction should not be held
to stay the PLAINTIFFS proceedings herein and
thereupon. on motion Of Brown, Hall b Van
A. RapaO, Aaron J. Vanderpoel and William Fullef
ton, OF counsel for the plaintiffs no one opposing
ordered that said motion to vacate said appointment
Of said receiver be and the same is denied and that
the stay Of proceedings contained In the said order
OF Mr.. Justice Clerke, dated March 49, 1S6S be and
the same Is vacated that the plaintiffs have leave to
file and serve said supplemental complaint and to
issue an amended summons, including as defend.
ants In this action the additional parties named as
defendants In said supplemental complaint. And 1t
Is further ordered that George A. Osgood OF the city
of New York, be and he is hereby appointed re-
nfty thousand shares Of the stock OF the the
Erie Railway Company represented by certificates
for such shares signed by the vice president and
retary OF said company and dated on the 7th or
March, lS6S and Of the proceeds OF said certificates
250 OF said certificates being for 100 shares each,
made in favor OF Fisk 4 Beden, or Fisk, Belden
Co., and $50 other OF said certificates being for 100
shares each made In favor OF Smith, Gould, Martin
Co.; and also Of the proceeds OF So 900 shares OF
stock OF said company which were issued as o con-
version or pretended conversion OF convertible bonds
Of said company authorized BY the executive COM
executive committee, presented to the Board OF Di.
the 9th Of March, 1868 and OF the proceeds
ol the said $40 OF convertible bonds, or Of
with the usual powers Of receivers in like cases.
1t being hereby intended to appoint the
said George A. Osgood, and he being hereby
appointed receiver OF the proceeds OF all
the stock and certificates of stock Of the Erie Railway
Company which have been issued by said company
or prepared for ISSUE as conversion preten ded
of said $40 900 OF convertible bonds,
or any part thereof, and which have been sold or
otherwise disposed Of and OF all new stock of said
certificates for new stock, sold or dis
posed OF since the 3d OF March, 1868.
Anu IL ~ IuTlleT OTueTeu IildI Tile Salu receiver
give security In the OF ST. 100000 In the form OF
bond to the people OF the State OF New York, with
surety or suretes to be approved of by
)f the Justices or this court and To be filed In the
,tice OF the clerk OF this court at the city OF New
York; that the said receiver do forthwith fast as
he shall collect and receive the said proceeds OF
which he Is appointed receiver, deposit the same
n the Union Trust Company OF the city OF New York
10 the credit or this action
And it is further ordered that the Erie Railway
Company, the directors OF said company and its
,ircers, and each OF them, or Whatsoever OF them
Or his control the sad proceeds, or any part
thereof, or any checks, vouchers, securt-
hes property or chooses in action, into which they
DR. any part thereof shall have been converted, do
pay, deliver, assign and transfer to the
said receiver all OF the proceeds hereinbefore men,
ioncd and all checks, vouchers, securities property
and chooses In action into which said proceeds or any
part thereof shall may have been or may be con-
verted, which shall be In the possession custody,
any or either Of them.
And 1t is further ordered that William II. Leonard,
counsellor OF this court, be and he is hereby ap-
pointed referee in this action Tor the purposes OF this
order and that the directors and officers clerks and
agents OF the said Erie Railway Company, and each
oil them, do personally attend before such referee
from time to time and whenever they or either OF
them shall be summoned by said referee to appear
before him. and that they and each OF them do sub
nit to such examination oath before said referee
as he shall direct touching the stock and certificates
herein before mentioned and the creation, issue and
property Of which the said George A. Osgood Is
hereby appointed receiver, and touching any checks
vouchers, securities or other property or chooses
In action into which said proceeds have been |
or may be converted, and touching the custody pos
session. CONTROL situation and condition thereof: and
that said referee also take and report TO this court
the testimony of such witnesses may be produced
before him with reference to the stock aud certid-
Gates hereinbeiore mentioned, and the creation,
issue and disposition thereof and the proceeds
thereof and the custody situation and condition OF
such proceeds and OF any property, securities or
chooses In action into which such proceeds have been
or may be converted.
And 1t is further ordered that said referee report
TO this court from time to time the proceedings ad
before him and the amounts which may be from
time TO time paid over to the said receiver and the
deposit thereof by him. hercinbefore directed and
that the palnlin have leave TO apply To this court
from time to time Tor further directions In the
premises. GEORGE q. BARNARD.
THE ERIE CAMP At JERSEY CITY.
Rumors Of Another Raid on the Drew Camp