The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-07
THE BRAZILIAN NAVIGATION COM.
PANY.

A Bill In Equfty-HOw the Company
Chartered Vessels and Disposed OF
Their Dividends-An Importa mt Case
There has just been filed in the United States
Circuit Court for this dstric: an important bill In
equity reference to the affairs of the Brazilian
Navigation Company. Alexander de Castro, an
alien and subject of Great Britain; Imam.
uel UDelhart Lengruber, and jose d'Almeida
Soares de Lima Bastos, severally aliens and sub.
5ects of the Emperor of Brazil, their own behalf
and on behalf of all others similarly interested,
bring this their bill against William r. Garrison,
Daniel b. Allen, Cornelius X. Garrison, James NJ.
Motley and Mortimer Ward, all citizens OF the
United States and residents and citizens of the
State OF New York, and John M. Carrere, a citizen
OF the United States and resident OF this district
The bill states tnat about the 3lst of May, 1870,
the Emperor OF Brazil, through his then Post
master General, entered into contract in writing
with the defendants William r. Garrison and John
NJ Carrere.
The contract stated that the steamers destined
for the service Of this line shall be entirely new,
constructed with all the modern improvements as
ultimately adopted by packets Of the first class
class cabin passengers and space sufficient, under
cover, Tor 400 deck passengers; with capacity to
receive from 400 to 800 tOus OF cargo, vi 200
English tons measurement. and with rate of
speed not less than eleven miles per hour. These
condltl0ns shall be approved by Commissioner
nominated by the imperial government before the
steamers are accepted. The service shall COM
mence within twelve months alter the signing of a
decree which approves tnls contract, except in
case OF inevitable accident; or before such time If
the company shall be prepared, and IN such case
ton previous to their beng so prepared.
There were to be two voyages each month from
o ar tho TO o0a gong ana
buc0, ParahyDa, klO Grande do NOrte, Ceara g
Marannao. The steamers shall be exempt from
1NnSnrr nI,.p vaHf pOp
Rio Grande do NOrte whenever the water is not
SUFFICIENT ,or the measurement and draught Of
such a steamer.
The company was to have its seat or principal
place o, business in Rio Janeiro. where all ques-
lions between 1t and the government or 1t and
private individuals were TO be decided.
The contract was to remain IN, force for I'VE
years, counting from the day OF commencing SER
vice or navigation. Ii Is, however, Stipulated that
the contract may remain In force for five years
longer II the imperial government does not notify
the company at least sixty days previous to the
terminated at the expiration OF the first five years.
On the TIN Of june 1870 the contract was ap-
Brazil. Alter the execution OF the contract, and
alter the decree, the DEFENDANTS, alleged IN the
BILL COnspred together to defraud Sucn persons as
they might thereafter induce to become assocaed
with them In the execution OF the contract, as IN
point Of TACT they did therea ter induce the orators
Sc to become associated with them, and iOr that
purpose, and as the initial step Jheren caused to
be prepared published and circulated, written
articles Of association OF the Brazilian Navigation
Company. According to these articles the head
ONCE OF the company was to be IN the city Of
New York, but the seat OF the enterprise
was to he in Rio Janelro. The capital OF the
company was fixed at $1,000 600 IN United States
currency, divided into 10000 shares OF 500 EACH
The administration OF the company during the first
Two years was to be thus composed :-DlrectOrs-
William R. Garrison. Q. K. Garrison, D. B. Allen,
James NJ. Motley and Mortimer Ward; President,
William H. Carr son; secretary and Treasurer,
Mortimer Ward; Managing Director and Assistant
Treasurer, John M. Carrere.
Article % OF the articles OF association says:-
The members OF this association agree subscribe the
number OF shares opposite their respective names
and to pay the assessments whenever the calls are
agree to forfeit at the discretion OF the company all
the sessmenls which may have been paid, and all
rights to their shares should they not pay the calls with
in thirty days after they shall be due.
NEW YORK Dec. 2, 1870