Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-02-14
washington and Chic Railroad.

Washington and Chic Railroad.
In tho Circuit Court of the city Of Richmond
Tuesday, the following order was coter'd:
In the Circuit Court of the city Of Richmond
February Q b, 1879.
Henry Lewis and others
The w. & O. R. R. Go. ct als.
Upon the motion Of the complalDants and 10
pursuance of the notice given the detendaI
company for the appointment of Receiver
this cause came to BE- beard on said mouon,
and the motion Of the defendant company to
postpone the hearing thereof until the report OF
the commissioner, A. Austin Smi,h to whom
the reports of Lewis Mckenzie. president OF
the said company, had been referred, should
te filed 10 court, which application to postpone
was overruled The court tbereupn directed
the commissioner to return to the court and bile
in the papers in the case all reports filed before
him by the Washington and Ohio Railroad
Company, together with any exception taken
thereat by any Of the parties to the cause, and
all dispositions and exhibits referrog thereto,
now 10 his Office, which was accordingly DONE
And then said motion was heard on the papers
formerly read and proceedings heretofore bad.
the petition complainant filed in January, 1878,
the answer of Lewis Mckenzie to the said Pc
titiou, the monthly reports OF the defendant cor
poratiou for the months of September, October,
November and December, and the dispositions
of Lewis Mckenzie and James EVeleth, taken
before the said commissioner, and the exhibits
connected Herewith and the affidavit Of Chss.
B. Ball filed by the defendant company, was
argued by counsel. Ga consideration whereof
it is ordered:
I. That the Washington and Ohio Railroad
Company, lis officers, aborers, servants and at
tOrncys, and all other persons whatever holding
positions or controlling any Of the property,
real or personal, OF the said company, are here
by cpjoincd and restrained from further operat-
ing the property and franchise Of the said com
pany, or receiving the revenues thcrcrom or
the debts duo it.
II. Cassius L. Lee, Of the county Of Fairfax,
Va, is hereby appointed Receiver OF all and
singular tho property and franchises OF the DC.
feudant, the Washington and Ohio Railroad
Company mentioned and described in the bill
and proceedings in this suit. including as we'll
the railroad and franchise of tho said corpora.
ton and appurtenances, as all and singular the
real and personal property of the said corpora
ton, whether Immediately connected with the
operation Of the said railroad or otherwise, so
far as the same is 10 any manner embraced
within said deeds and mortgage, and also OF all
books, records, papers and accounts OF the said
company in any case appertalping to the busl-
ness thereof and necessary to enable the Receiver
properly and efficiently to perform the duties
imposed upon him by this order.
Ill. The said Receiver shall DO entitled to
receive for bis services at the rate of $4,000
per year, payable monthly; but before be shall
enter upon the discharge Of bis duties as such
he shall give bond with approved security be.
fore this court 10 the penal sum Of twenty-five
thousand dollars for the faithful performance
of his duties.
Nv. Upon the filing Of said bond, or as soon
thereafter as may conveniently be done, the
Receiver will take possession OF all and singular
the premises, property and franchise whereof
no is hereby appointed Received, and if any
question shall arise as to the property embraced
within the provisions of this order or any part
thereof, the said Receiver shall have leave to
apply for further instruction 10 the premises.
V. The said Receiver as soon as may be,
after be shall have entered upon the perform
auce Of his duties hereunder, shall make and
perfect inventory of all and singular the prop.
erty Of the said company, real and personal,
and mixed, Of which he Is appointed the Re.
ceiver. The President and Treasurer of said
railroad company shall attend at the making of
the said inventory, and shall mako oath or az
6rmation to the same as being true, full and
complete.
VI. The said Receiver shall continue the
operation of the said railroad in the order and
usual course as the same is now operated IN tho
common carriage of freight and passengers,
having due regard to tho public interest and
tho accommodation OF The public, and keeping
the premises and property both real and per
sonal in good condition aud repair, to tho end
that the said railroad may be efficiently operated
with safety and convenience to the public. lie
shall have power to make all neediul and proper
traffic arrangements with other roads and COM
mon carriers Tor the interchange OF business
and to settle and adjust all traffic balances in
the usual course of business.
VII. Tho said Receiver shall collect and re-
ceivo all debts due and owing to the said COM
papy, and tolls, income and revenue 10 accrue
from its bus ness, and out OF the same be shall
pay all laborers. agents. clerks and servants
necessary to be employed for the proper work.
Jog and maintenance OF tho said road. Lie
shall purchase and pay for all materials and
supplies necessary for the operating Of the said
railroad, all books, stationery aud fuel requisite
for said road. He shall pay all taxes duo or to
become due. lie shall also have power to pay,
as the revenues OF tho company may justify,
any balances that may be due for the working
of tho road, or for supplies and materials fur
uished STAGE the filing Of the bill 10 the suit,
but 90 authority to pay any small bills contracted
prior to tho date just Indicated, unless ordered
by the Court so to do. lis shall have power
to pay from limo 10 time tho fees Of the COM
missioner ia this caus, 90 the return Of this
report, and all reasonable fees TO such counsel
as tho said Receiver may deem it proper to
employ.
VIII. The said Receiver shall keep full
aud true account OF ali his acts and doiDgs 10
the premises, aud Of all tho property and ro-
sources of The said company, and OF all tolls,
resources, earnings and income of said business,
and of all expenses, payments and disburse.
ments Incurred or made by him, and he shall.
at the end Of every calendar month"; or as soon
thereafter as practicable, file an account Of all
his acts and doings. receipts and disbursements
in the PREMISES before A. Austin Smith, one