The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-03-28

1
| possession of all the same, and that the said
| Portland and Ogdensburg Railroad company
its officers, servants and agents, be and are
| directed to surrender to such receiver all the
same.
1t is further ordered, adjudged and decreed,
that the said receiver shall collect all sums due
| said Portland and Ogdensburg railroad com
pany; and shall manage and operate its rail-
way; and for that purpose may employ suit
| able officers and employees, and perform all the
duties incumbent upon it by the statutes of
| the State of Maine or of the State of New
| Hampshire, so far as relates to the operation
OF SAID railway; and further, shall manage,
| control and exercise all the franchises what
soever Of the said railroad company may
prosecute, defend and continue all suits of or
| against the said railroad company whether
heretofore or hereafter commenced, and
whether IN the name of said railroad COM
pany, or otherwise, and collect all sums due,
| or which may come due, to said railroad COM
pany; and may employ such counsel and at
torneys as he may deem necessary to provide
| in this behalf, to advise said receiver in the
| performance of his duties therein.
1t is further ordered, adjudged and decreed,
that the said receiver shall give bonds to the
clerk OF the court, in the penal sum of not
less than thirty thousand dollars, to be ap-
| proved by any justice of this court, for the
faithful performance of his duties as such re-
ceiver, which bond, however, shall not be
holden for toe misfeasance or negligence. or
anything done or omitted by any officer or
other person properly engaged by said re-
ceiver to aid in the performance of his duties
as such receiver.
And 1t is further ordered, adjudged and de-
creed, that said receiver shall Immediately
cause to be made and returned into this court
true inventory of all the assets received by
him, as such receiver. and detailed statement
of the condition Of said railway and its ap-
purtances, the same to be verified by one of
the railroad commissioners of the State of
Maine, and that such receiver shall, whenever
ordered by said court and at least as often as
quarter yearly, render an account to this
court of ell his doings, receipts and expendi-
lures, as such receiver, and, except as herein
otherwise expressly provided, shall hold all
the earnings of the railroad and its appurten-
ances, and other moneys received by him as
such receiver. subject to the orders of this
court.
And it is further ordered, adiudged and de-
creed. that said receiver may assume the cur
rent contract with the Boston, Concord and
Montreal railroad company for operating be-
tween the Fabyan place SO called and SCOTS
Mills; and may proceed, until further ordered
by the court, in accordance with any OUT
standing arrangements or contracts with other
railroads or car-lines for the purpose of doing
any through or connecting business, but shall
not assume any of said contracts or arrange
ments except by the express authority of this
court
Audit is further ordered, adjudged and de-
creed that from the earnings of said railway
and its appurtenances, and from the sums
which he mn oo1lont ,boF,n
lied, the said receiver shall pay the necessary
current expenses of operation and
necessary current, ordinary repairs and insur-
ance and other ordinary charges, and the salary
OF said receiver. to be until otherwise ordered
at the rate of twenty-five hundred dollars per
annum; including also the accruing and ac-
crued traffic balances and car-lne charges,
taxes, and also interest coming payable here
after, or heretofore payable upon notes secured
by mortgages of depot grounds, the offices of
said corporation in Portland. and grounds al
resdy acquired for the purpose of engine
houses, machine shops and car shops, and
interest and installments of principal upon
notes or other obligations secured by liens
upon any of the rolling stock of said corpora
ton, all of which as well as said mortgage
and lien notes are substantially set out in the
schedule hereto attached, marked A and
ueouco AloI VI pay -IOll, tTdIuc balances ana
incidental mortgage notes and liens"
1t is further ordered, adiudged and decreed,
that if thereupon there shall remain in the
hands of the receiver any balance of earnings
or sums collected as hareinbefore provided,
which in the opinion of the receiver may not
be needed for any of the purposes aforesaid,
he may apply the same in payment of pay
rolls and salaries due from SAID corporation
heretofore accrued and unpaid, shown upon
schedule B, hereto attached, headed "Current
Liabilities
And it is further ordered, adiudged and de-
creed, that the matter of payment of the notes
and other obligations given for the construc-
ton OF that portion of said railway extending
from Scotts Mills to the eastern line of the
State of Vermont, and of the principal of the
mortgage notes set out in said schedule A.
and OF coupons and scrip upon bonds secured
by first mortgage dated November /, $780, and
claims as per schedule B, not herein specially
provided for, be held for the further considera-
ton of the court.
And it is further ordered, adjudged and de-
creed, that for the purpose of making the
track and the bridges of said railroad safe, and
OF purchasing two locomotives shown to be
necessary for operating said road, the said re-
ceiver may issue his certificates of indebted
ness, not exceeding the sum of two hundred
and fifty thousand dollars, to be secured as a
first lien upon said railway in the States of
Maine and New Hampshire, end all its rolling
stock and other appurtenances, and all other
assets in the hands of such receiver, not here
inotherwise specifically appropriated, to be of
such denomination as such receiver may deem
expedient, bearing interest not exceeding 6 per
cent per annum, payable semi-annually, and |
the principal payable at the option of such re-
paiVpr Of fha oFto a..
years and within ten years from date, said |
certificates to be numbered in serial order, |
registered and docketed by the |
clerk of this court before the same are |
issued, and to be sold by such receiver |
at not less than par, and the proceeds thereof |
used for the purposes of SO relaying said rail- |
way with steel, and supplying the sleepers |
therefor, replacing or renewing the bridges as
herein provided, and paying said liens upon
SAID rolling stock; but all not to exceed the |
said amount of two hundred and fifty thou
sand dollars hereinbefore set out; provided, |
that none of said certificates shall be issued |
or sold nor proceeds thereof used except for
the purposes of making the track and bridges
SAFE. and purchasing TWO locomotives, until
[arther order of court, and that none of said
certificates shall be issued until the circuit
court OF the United States for the district of |
New Hampshire or the supreme court for tia
State of New Hampshire shall concur in the
issue thereof.
And it is further provided, and the court
hereby reserves the right and discretion to
conform this order in all particulars to any
orders relative to the subject matter thereof,
which may be granted by said Circuit court,
so as to secure unity and harmony of action
among the several courts having local juris-
fiction OF the several portions of said railroad.
And 1t is further ordered, adjudged and de-
creed that the receiver shall keep separate
accounts of the receipts and expenditures from
md upon that portion of said railway lying
between the east line of Bartlett and the east
inc of the State of Vermont, meaning all that
part of said railway not covered by the mort