The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-03-30
Morris Goldberg, ct al.
Defendants,

Defendants.
The motion of the defendants
herein to dissolve the injunction
granted on the 2Sth day of January,
1881, having been heard before the
court, and it being the opinion of the
Judge of the court that certain
development work should be done
in the mining properties named, be-
fore final decision, and the final
decision being held under advise
ment, it is now ordered, that the
plaintiffs Immediately commence
and prosecute with diligence until
completion, and at all events COM
plete within sixty days from date,
the following developing and tracing
work, to wit:
Strip the surface from a certain
point at the mouth of a stOpe on the
surface, said point, being marked
IF" on defendants and "a on plain
tiffs' maps, to a point at the Acct
dent shaft, so marked on the maps
of both parties, so as to disclose, so
far as practicable, whether or not
there is a continuous mineral lode
or vein between and connecting
said points.
Commence on a raise at the south
easterly end of a stope and drift,
marked on defendants maps 'stope
and drift" and on plaintiffs maps
."raise on foot wall from "E'' to "F,"
and follow said raise to the surface
following up the wall on which said
raise is started on the dip thereof,
wherever the same may lead. That
for the purpose of carrying on the
last named work, plaintiffs shall
have access to so much of the mine
in defendants possession as may be
necessary, and all waste shall be run
out of the mine by plaintiffs at the
point nearest to the work where the
same can be conveniently taken out.
The defendant, the Tiewaukie
Gold and Silver Mining Company,
by its officers, agents and en-
ployees, until the further order
of the court, is permitted to
do any dead, tracing or develop
ment work deemed necessary or
proper, said work not to be so done
as to injure the mine; also to ex-
tract and market ores on the follow
ing conditions: An account shall be
kept and rendered monthly, and as
often as lots of ore are sold, by Nor
ris Goldberg, agent of said company,
and verified by him, showing the
expense and cost of the extraction
of ores, the amount of ores extracted
and sold, the value thereof, and the
net proceeds of all sales, deducting
only the expenses of ordinary and
proper mining work and marketing
the ores, shall be deposited by him
in Walker Brothers Bank, in Salt
Lake City, Utah, to the credit of
Norris Goldberg, trustee. Said
bank shall be furnished with copy
of this order, and said moneys shall
not be drawn by said Goldberg or
paid by said bank, except under the
direction of the court or consent Of
both parties to the action. If plain
tiffs are dissatisfied with the account
rendered "a copy of which shall be
left in said bank for Inspection, or
if any departure from this order is
claimed by plaintiffs, they may ap-
ply to the court for a further order
and further directions, and either
party may in like manner apply to
the court for further orders and di-
rection in case of any departure
from or violation of the terms of
this order.
Pending the final decision of the
motion, the said injunction is modi-
fed as above stated.
1t is further ordered that until
the further order of the court, the
plaintiff, VIM. Mcqueen, personally,
or any one person selected by him,
shall be admitted into said mine and
permitted to inspect and examine
the work done and in progress there
in. as often as may be desired, but
not oftener than once week; it IS
also ordered that once per week, the
defendant, NJ. Goldberg, or any one
personin behalf of the defendants,
may examine and inspect the work
done and in progress by the plain
tiffs in making the raise from the
end of Slope and drift.
Dated March 10th, 1881.
By the court.
P. H. EMERSON, Judge.
o. J. AvERILL, Clerk.
LIS. By II. G. Mcmillan.
Deputy Clerk