The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-10-11
SUMMARY PROCEEDINGS.
TIE G. AND 0. r. 3. PLACED IN THE
HANDS OF A RECEIVER.
HENRY TYSON, OF BALTIMORE,
THE APPOINTEE. /,
The Road Formally Delivered Up.
INTERES STING FACTS FROM
SEVERAL SOURCES. rz

EhaL CCOhNGcs
~. --
On Tuesday the 5.h instant, upon the com.
plant of A. F. Richards, Charlotte G. Clark.
and Morris LoWenthal, OF the State of New
York, holders of first mortgage bonds of
the Chesapeake and Ohio Railroad Company,
Judge Bond, of the Circuit Court of the
United States, issued rule requiring the
railroad company to show cause on the 221
instant why receiver should not be ap.
pointed and the mortgage foreclosed, mas
much rs the company bad made default iu
the payment Of interest on said bonds. On
Saturday, quite Unexpectedly to the compI.
ny and much to the surprise of the public,
the following order was s,gned by Judge
Bond, placing the road in charge of q re-
ceiver: -.
In the Circuit Court of the United States in
and for The Fourth judicial Circuit and
Eastern District Of Virginia ......
Albert F. Richards et ais. Us. The Chesa.
peake and Ohio Railroad Company. VII.
liam B. Duncan, p. C. Calhoun, and ".
K. Kitchen. r- .. ..
Upon the reading and the fling OF the pc
tition of the complaiuants herein filed, setting
forth that judgments have been obtained
and are now outstanding, and executions
have been issued and are now outstanding,
against the Chesapeake and Ohio Railroad
Company, and that portions Of its property
have been seized by sheriffs Hereunder, and
are now under seizure, and are about to be
sold under process of court, and that certain
Claims of priority to the first mortgage, Sc.
curing complainants' bonds, have been insti.
tuted, aud action has been taken, and is in
danger Of being agsin taken, 10 sell certain
portions Of comp linants' mortgage estate
hereunder, and that the existence Of any
such cIlm Of prior lien, or OF any such su.
perior mortgage, is not contained in the
mortgage for the use of comrl inants, and
on all tDe papers and proceedings herein, and
on motion of Edward L. Andrews, COM
plainants' solicitor
It is hereby ordered that Henry Tyson, Of
the city of 3 .ltmore, in the State OF Mary
llnd, be and be is hereby appointed receiver
Of the tolls, incomes, franchises, and all the
property of tue Chesapeake and Ohio Rail-
road Company, with the usual powers Of re-
ceiver according to the course and practice
Of courts of equity,
Aud the said Henry Tyson is hereby au-
thorized and directed to demand, receive,
enter upon, and take immediate possession
of the said Chesapeake and Ohio railroad,
and of The line Of said railroad and lis sp-
purtenances, ard of the incomes, tolls, pro.
perty, assets, and franchises of the said Ches-
apeake and Ohio Railroad Company, upon
executing and filing with the clerk of this
court a bond for the faithful performance of
his duties as receiver, and which bond shall
be in the sum of 1000, With three sureties.
and Which shall be approved rs TO form Of
instrument and sufliciency of sureties by Il
Judge of this court.
And the defendants in this suit, the Chesa-
peake and Ohio Railroad, William b. Dun
cap, PhIo G. Calhoun, and W. Il. Kitchen,
are hereby directed and commanded, as we'll
as the officers, clerks, agents, attorneys, and
servants and lessees of the Chesapeake ana
Ohio Railroad Company, are hereby ordered
to deliver up and surrender immediate pos
session of the said Chesapeake and Ohio
railroad, and the line thereof, asd the pro-
pertv, assets, and incomes OF the SAID CbeSa-
peake and Ohio Railroad Company, and oil
all the property and franchises hereineelore
described to the said Henry Tyson, receiver
as above, and TO his agents, clelkS, attorneys,
and servants.
And it is further ordered that the said re-
cever snail hold and maintain SAID line OF
railroad aud other property, and shall work
and operate the said line OF railroad IN the
most economical and efficient manner, ana
for that purpose shall have, and be Is hereby
giycu and granted, tie power 10 demand and
receive all moneys from whatever source
arising. take tolls, purchase and pay for sup
plies, contract and ratfy contracts for labor
and material employ and pay CtlcerS, clerks,
counsel, agents, ard servants, ana 90 al
other acts and things which may be requisite
II nln n.
tanning, and advancement OF said railroad,
until the further order Of this court.
And il is ordered that the slid receiver
SHALL make and file with the clerk Of this
court. in every two weeks from the date OF
this order, report of the receipts aud dis
bursenents of said receiyership, and OF the
condition of the property aud assets of said
Chesapeake and Ohio Railroad Company,
and Of the line of said railroad thereof, and
OF such other m alters and tnings as he may
deem advantageous to all the parties in in-
terest in said property, and requisite for the
Information OF the court.
And it is further ordered that the pro-
ceeds which may be made 10 arise from the
operating of said railroad, and from any and
all sources in the bands Of the receiver, shall
be by him deposited in suitable bank or
banks. and shall not be drawn upon or dis
turbed save and except for the purpose OF
operating, maintaining, and advancement oil
railroad as above set forth.
And it is likewise ordered that the re.
ceiyer may have power, in the mode and ac-
eordinS to the practices of courts of equity,
10 apply to this court for such notifications
of this order as may be deemed necessary for
the more prompt and efficient operating Of
the said railroad. HUGu L. BOND,
Oct1Jer 0. 1875. Circuit Judge.
Executed this 9th day Of October, 1915,
By delivering copy of this order to General
Williams C. Wickham, yice-presideDt OF the
Chesapeake and Ohio Railroad Company.
CP. RAMSDELL,
United States Marshal.
By ". f. Nye, Deputy.
nlr. Tyson qualified on Saturday immedi-
ately after the tilng Of This order.
WHY THE RECEIVER WAS APPOINTED.
Mr.. Andrews, of New York, counsel of
the compluipants, and Dir. Henry Tyson, of
Baltimore, reached the city on Saturday
morning. Mr.. Tyson brought with him q
bond as receiver of the road. with the name
of himself as principal, and the names Of
james +. Tgsoo, George Small, and Wash
iugton Boob, of Baltimore, signed as sure
ties. A petition was presented to Judge
Bond by Mr. Andrews, and imme diately
,hereupon the Judge signed the order above.
Mr., Andrews stated to a reporter ot this
paper that be mentioned the condition OF the
road, the judgments against it, the seizures
made and threatened, to judge Bond
q day or two after entering the
complaint ana petition for appointment
nj receiver, and that Judge Bond SAID that
the facts mentioned were. IN his opinion'
"a; ninnt 10 xnrran1 an apElu.Etment OF re-