The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-10-19

|yt to THE BOADS DS.HYEDTHEQATEUtB BE TErf
i, ATLAATIc, AnssIsslPPI AND OHIO RAIE-
Road CONTAIN THE RECEIVERS GIVEN
FULL POWER IN THE aP,REaflsE s-yARI-
0}tus OTHER ORDERS MAp,E-IxTEREsTrlIsg
z DECISION FROM CHIEF JUSTICE wAffEa
NEW POINTS DECIfDsED: Y AZ IN
49, skit -
In the United States Circuit Court yess
|terday-J udge Bond pfesid ding tho follow
ing order Was entered: Il:
IN tie Circuit Court of he United States,
& Fourth Judicial Circuit, Eastern District
Tstof iErgiaiG- Tfasacis SHkiddY, ~ illSons
Butler Dlncafa,g and Samuel s.. u: .BGr-
lo,g AGAINST The Atldntic, Mississippi
and Ohio Railroad Comp any, ct ais.
In the mattel iof the petition OF the plain
tiffs for leave to the receivers to redeem cer-
tain securities. h On motion OF counsel for
plaintiffs, and .on hearing counsel for the
defendants, and due ydetiberation having
been had, it Is ordered that the order en-
tered on the said petition on the 18th day OF
September, 1876, be vacated and set aside
And it, Is further ordered that the receiy-
ers. be authorized to redeem, If they shall
think it iudicious and beneficial to their
trust so TO do, any or all OF the bonds men.
toned and eriscribed In the schedule at:
tached to their petition in this matter, by
the ultimate payment OF the debt or debts
for which the said bonds ordany soft them
may be pledged. }. ,I,...s,.
And to the end Of enabling the receivers
more conveniently to exercise this author-l
ity it is further ordered, - 54sf3 81
.fpl.s That the receivers may arrange with
the present holder OF such bonds to con-,
tlnue the loan or loans for !. which
they are pledged until the receivers
may be able conveniently tt, pay the same !,
and as additional security to such creditor,
they may If required, and IL they in: their
discretion think best so to do, execute and
deliver to such creditor their certificates for
such debt or debts. I, .3,, ~
2. In any elsewhere the creditor or ere,
ditors are not willing to continue the loan
;or loans, and forbear, payment thereof until
the receivers are ready to pay the same, or
where the receivers think 1t best for the
interest of the road to discontinue the
loan and place it with other parties, the re-
ceiyers are authorized to borrow money to
pay such loan or loans. debt or debts; and
to secure the lender or lenders they may, II
required, issue and deliver to him or them
their certificates OF Indebtedness, and may
deposit with him or them as additional se-.
curity the bonds or any part thereof which
they may have redeemed from pledge under
the authority hereby conferred. t
8. All. such bonds when redeemed from
pledge shall remain in the hands OF the re-
ceiyers uncancelled, subject to such dispo-
sition thereof as the Court may hereafter
order.
The receivers shall keep an exact account
| OF the money paid for the, redemption OF
each class OF bonds, and the Court will
hereafter take such orders in respect OF such
payments as may seem just and proper.
HUGH L. BOND, Judge.
!, Richmond, October 18, 1876.
OTHER ORDERS, jsa.;3
The other orders entered in this case are
/. Order of reference to a master to take
account Of mortgages OF the various com.
panies and OF the Atlantic, Mississippi and
Ohio, showing what is embraced in each
mortgage; also to report all iudgment-liens
!. affecting the premises, how many. bonds
were issued by the Atlantic, Mississippi ant
Ohio company, only as collateral security fol
borrowed money, relative rights OF oil par
ties. &c. "And It is ordered that the sale
4 master is not to include In his account ant
Ereport of 3after-acquired property any pro
nerty acquired by the defendant company
! and purchased by it with the proceeds o
the sale or pledge OF its bonds or other.
wise, but he shall make q special report O
ali property to the court" tF,iti,azEe51a 81
.. The matter OF interest OF diYisiona
bondholders is referred to N. F. Pleasants
master, to report how much is due, &c.
how such interest can be convenient! y'r
paid, SC.
| 8. The question Of back pay due em
ployes is referred to Mr.. Pleasants to in
ouire to whom respectively such wages ar
| due: what, II any, part Of the amount du'
in respect Of such wages has been assigned
to whom such assignments have been made
md ON what consideration, sc. t'i
+ 4. The claim OF the Pennsylvania Stee
Company is referred to. Mr.. Pleasants fol
Inquiry as to nature Of claim and order o.
preference, il any. no,., +. s. ~
AN OPINION FROM cHIEF7JUsTIcg WAITE.
Judge Bond, yesterday morning, read o.
opinion sent him by the CHIEF Justice II
which he concurred) in the case OF w. 8
Gurnee Us. Brunswick county. On motion
to remand to State Court. James Alfred
Jones and Leigh r.. Page for motion; Shell
fey s. Bumgardner and Davis ''9..ta contra. u
ia 1st. Fiat Tilat cause may be removed from
! State court to q United States court. Ap.
Eplication must, be made before Or OF the first
term at which the cause might be tried. e..
when. the. cause Is readY--=#Hether the par
Ities or the, court be ready or not. Ana on
appeal from q decision .of Al board of super.
Yiissors Of i county. .pn a claipi preferred
against 4 county, the cause is ready with
oIIt pIeadings, and The motion to remove
should then be made, and viii wi be too late Y
made afterwards. ,.sr.s,ti 5f.;, 3, ),
( sd. The proceeding before aboard of so.
pervisors OF 4 county on, q claim preferred
aasainst a tie county, IS not q suit. But where
| an appeal is taken irom the decision of the
board OF supervisors to court 1t becomes
suit, and the jurisdiction then exercised
by the court to which the appeal is taken
4 Is original and not appellate. ,lat-4f!-i y
.Quere: Whether, since the act OF 1872, fol
the removal Of causes from State to United
Estates courts-the local prejudice act, as II
| is called-concerning removals, Is still u
force? ~ .tiDT :+s:st aS, 80, =, "a. !,