Morning journal and courier., 1884-12-27
THE CITY ENsorNED.


 Consideratfon Of The Derby Railroad
 Matter At An End For The Present
 -Fun Text Of The Injunction.
 Yesterday afternoon st 4 o'clock Sheriff Robert O. Gates served an injunction on the city by placing copy in the hands of the city clerk restraining the city from taking any further action regarding the proposed settlement of the indebtedness of the Derby railroad to the city Following is the full text of the document:
 To the Sheriff of the County of New Haven, or either of his Deputies, greeting: By authority of the State of Connecticut, you are hereby commanded to summon the l city of New Haven, municipal corporation, 1 located in said county and chartered under | the laws of this State, to appear before the l Superior court for New Haven county at it's January term, 1885, to appear before said 1 court on tho first Tuesday of February, 1885, | there and then to answer unto Joseph B. 1 Sargent of the town of New Haven in said county, in civil action, wherefore the plain 1 tiff complains and says:
 | 1. The complainant is the owner of prop | erty, real and personal, liable and now as- sessed for taxation in the city of New Haven. 9 The New Haven and Derby railroad com | pany is a corporation created by the author l ity of this State and is now operating @ railroad between the city of New Haven and l the town of Derby in this State. l g. In the year 1870 said railroad corpor- ation issued it's bonds to the aggregate amount of two hundred and twenty-five thousand dollars dated February 1, 1870, payable in the year 1900, and bearing inter est at seven per cent payable semi annually.
 4. Ali of these bonds were, under the authority of the legislature, guaranteed, principal and interest, by the city of New Haven.
 5. The city of New Haven received from the said railroad corporation an agreement of indemnity against loss by reason of said guaranty and 8 mortgage upon the property and assets of said railroad corporation to se- cure the due performance by said corpora tion of said contract of indemnity. A copy of said mortgage is made part of this com plaint and is marked Exhibit A."
 G. Said railroad corporation has failed to keep or perform it's contract of indemnity, and the city of New Haven has, by reason of the present time, been compelled to pay and has paid annually the sum of $15, ,750, being the annual interest on said sum of $225, GOO, and there is now due to said city from said railroad corporation, under said contract of indemnity, more than S278, 900.
 T. The capital stock of said railroad cor poration of $500, ,000 is divided into shares of the par value of $100 each. The present market value of said shares does not exceed $15 each share.
 S. There is now pending before the Court of Common Council of said city resolution, vote or order that the city subscribe for and accept 1 500 shares of the capital stock of said railroad corporation and pay for the said stock by release and discharge of said railroad corporation from all it's indebtedness to the city under said contract of indemnity.
 g. The Board of Aldermen of said Court of Common Council has already passed said res olution, vote or order and the same is now pending before the Board of Councilmen of said Court of Common Council. 10. A meeting of the Board of Council men is to be held on the evening of this 26th day of December. The respondent expects that said Board will concur with the Board of Aldermen in the passing of said resolution, vote or order, that the Mayor will approve the same and threaten thereupon immediately, and without waiting for legislative authority, to accept said fifteen hundred shares of the capital stock of said rail road corporation and in consideration thereof release said corporation from all indebtedness under said contract of indemnity.
 The complainant ayers that said threat ened action by the respondent is without au- thority of law and to the great and irrepar- rable injury of the taxpayers of the city.
 The complainant claims decree enjoining the city of New Haven, it's officers and agents from accepting shares of the capital stock of the New Haven and Derby railroad in Equi- dasion of the debt of said railroad corpora tion to said city under said contract of in demnity, or from releasing the same or any part thereof except upon payment, until said city has applied for and obtained the author ite of the legislature so to do and until the further order of this court.
 Whereof fail not, but of your doings hereon make due return.
 Dated at New Haven, this 26th day of De- cember. 1884, JOHN E. EARLE, Commissioner of the Superior court for New
 Haven county.
 f.@s NEW HAVEN COUNTY,
 .r.ss., ,.4NEW HAVEN. S'e: = On this 28th day of December. 1884, per sonally appeared Joseph B. Sargent, com plainant in the within complaint, and made contained. <
 Before me, JOHN D. EARLE,
 Commissioner of the Superior Court for New Haven County
 Upon the foregoing complaint verified by oath and good cause being shown why no bonds should be required it is ordered
 That the city of New Haven, it's officers and agents be, and they are hereby, enjoined from accepting shares of the capital stock of the New Haven and Derby railroad company in liquidation of the debt of said railroad com pany to said city under the contract of in- demnity set forth in said complaint, or from releasing the same or any part thereof ex- cept upon payment until said city has applied for and obtained the authority of the Iegis- lature of this State so to do, until the furth- | CT order of this court.
 New Haven, Dee. 26, 1884,
 EDWARD 1. SANFORD,
 A Judge of the Superior Court. The within and foregoing is true copy of ] the writs, complaint and order of injunction. l