New-York tribune., 1870-08-04
BOSTON, Hartford AND ERIE RAILROAD
THE DECREE OF THE MASSACHUSETTS SUPREME
COURT-PROPERTY IN THE HANDS OF RE-
CEIvERS-THEIR POWERS DEFINED-AN AP-
PEAL TO THE FULL BENCH.

THE DECREE OF THE MASSACHUSETTS SUPREME
COURT-PROPERTY IN THE HANDS OF RE-
CEIvERS-THEIR POWERS DEFINED-AN AP-
PEAL TO THE FULL BENCH
BosroN, Aug. 3.-The decree of the Massa-
chuset Supreme Court has placed the Boston, Hartford
and Erie Railroad in the hands OF five receivers who ere
to give bonds in $4,000 each within twenty aays from
date. An appeal from this decree as been made to the
full bench, but it is not Ike to be altered as it has been
rretty thoroughly Considered We give the main points
OF the decree;
II is now ordered adudged and decreed by the Court,
with the of all the parties and heard before the
Court that James W. Converse Otis Norcross, and Thos
W. Pierce of Boston and George Talbot Oyphsnt Of the
City OF NewY York, and George NJ. Bartholomew OF Hart
ford be and they hereby are appointed receivers in TINS
cause with u power ana ~ 70 enter upon o ana ana
Boston, Hartford and Erie Railroad Company And to
end the officers agents. and employees of said Boston,
Hartford. and Erie Railroad Company having the Gus
tody possession control OF said property so 10 DC
taken possession Of by said receivers of any part
thereof are hereby ordered and required forthwith upon
request OF said receivers TO surrender give up adu
poyes the legal possession and control of all said
property shall vest Immediately in said receivers And
said receivers are empowered to retain and employ such
legal counsel and attorneys, agents. servants labores
accountants clerks and assistants as tney may deen
necessary in the performance OF their duties as such re-
ceivers. That said receivers be authorized 10 settle,
adjust and satisfy all legal and just claims Tor damages
against them incurred while such receivers and they
their hands as such receivers That said receivers
ing good faith under this order without negligence
| dence and care, shall not be answerable out OF
their own estates or property Ior any OTeaeh @ n Oi
| as such receivers in the execution OF the powers
herein vested in them or for any injury the person
or property Of third persons by accident in the posecu
ton OF the business or by the negligence OF others en-
breaches contract and damages to persons and prop
erty of third persons and for the just protection of said
receivers generally and their indemnity against all their
liabilities and contracts as such receivers the moneys
which may be in the hands OF said receivers together
with the product Of the business 10 be carried
on as
ordered approved by the Court Said receivers are
from service any agent or employ6 of said company
other than the President Directors Treasurer Assistant
Treasurer, Secretary, or clerk OF su company anu iIoh
time to time To fill the vacancy as occasion may require
And said receivers are hereby authorlzed 10 pay ana
discharge out OF any moneys Whlcn shdl De IN tHci
hands such receivers any sums due from said Boston,
Hartford and Erie Railroad Company for labor per
formed after the 1st day or june last, III operating
the road. or supplies material furnished the
ad Company after that date s,dTes fSr OPgT ae
payable by said Company to its officers Tor services
performed by them for said Company since sd lst daH
be necessary obtain possession OF any books or papers
said receivers shall be at liberty to pay from time to
time, the shall become payable II they shall
for insurance on the property and all sums hereafter in
CURED in prosecuting or defending suits by OF against
against the persons claiming to be trustees under the
mortgage made by said Company to Robert H. Berdell,
which it may be necessary to pay to preserve or
protect any leaselold interests leasehod rights or
wav of said Boston, Hartford and Erie Railroad Com
pany including any and all taxes and legal assessments
and also including any and all sums now due or payable,
or hereafter payable by the Boston, Hartford and
Erie Railroad Company under the ndentuIe OF lease
made between the Norwich and Worcester Railroad Com
pany said Boston, Hartford and Erie Railroad Com
pany dated the 9Th day of February A. 1862 copy
of which annexed 10 the bill of complaint In this
And is further ordered that the injunction heretofore
issued in this be and the same is hereby continued
until further order of the Court and is also ordered
that defendants and each Of them their officers,
agents. employees servants, cOunselOTs, and attorneys be
thprTo ed au rOm
manner with any OF the property books, papers and
vouchers aforesaid except to deliver and surrender the
same into the hands OF said recevers and being re-
qucsted by all parties that said receivers should not be
drd that each OF said receivers within 20 days from the
date hereof give his several bond in the of 900
said office with two suretes to the satisfaction OF said
clerk the assistant clerk Of said court said bond TO be
for the benefit Of all persons concerned and TO be
dOned for the faithful performance by such receiver OF
his duties SUCH But nothing herein contained shall
be construed TO preclude the officers and stock
holders of said Boston, Hartford and Erie Rail
of the stock books, transfer books and GER
tfcate books of said company and the records OF the
stockholders and directors Of said company preclude
said officers and stockholders of the persons claiming
be trustees under the mortgage so made TO Robert H.
Berde Dudley ;. Gregory, j. &. Bancroft Davis from
~ and examination OF all the account books
and other books papers, and vouchers OF said company
az reasonable tmes or preclude the proper officers OF
ing certificates in proper cases, which they, said
officers hereby directed to record make and issue
accordingly and all said stock books, transfer books
certificate and account books papers and vouchers
cept such ordinarily used the line the road
and at stations shall until otherwise ordered by the Court
be kept at the principal Office OF said receivers in Boston,
And is further ordered that certified copy OF this
decree be published once in each of three successve
weeks in newspaper printed in each OF the follow
Ing cities 10 wit: Boston, New York, Providence, and
Hartford the first publication TO be made may
be. By the COuI. GEO. w. NICHOLS Asst Clerk
August q 1870