The times. [volume] (Richmond, Va.) 1890-1903, 1894-06-12

n.gray Company and the Richmond
LEV and Electric Company, with au-
.S1r,tv to take charge OF the property OF
ho,h companies as soon as he shouIu
,xecute a bond In the penalty OF 800,
Mp seldom yesterday gave the bono am
took charge Of the property yesterday 80
ternoon.
sTarrMrNr or THE CASE.
The bin and exhibits hied IN '''
case show the following I~',,o-.,,o-. 81 the
a. EobrIary 1855 the bondhoideTs OF .',e
.pt1hr,or5 ard Manchester Railway com
Nm entered into the foiloWiAh NVn""SfS
Win the Richmond Halfway anu t' -,
company FOR the transfer o. 'he P4'tH...s.
| - ne former company 10 the iatler
', .st The majority Of the stock OF the
4 p.-hmond ana Manchester halfway Com
4 60 was 10 be deposited with the Al
I-t,- Trust Company. % New y ork, on
- before February ~. 1898. and as soon
Trtaftcr az possible the residue OF the
w.. was % be deposited with the At
'-r- Trust Company.
. ~ the Board Of Directors OF the
v'smoud and Manchester Railway Com
t'ry WAS 10 be selected by George +.
tsfe- general manager Of the Rich
,-5 railway and Electric Company.
T. "a Tie debts and liabilities OF the
81 p.s~1d and Manchester Railway Com
/. ..y contracted or incurred prior 70
IA fsuary 90 1885. were to be paid by the
FL r-8h0lders OF the Richmond and Man
Fl teeer Railway Company.
rh The. Richmond and Manchester
Railway Company was then 20 issue
t0nn OF new bonds, bearing per cent
interest. and secured bv a mortgage on
\ a. II its property. which bonds were to
D. substituted for the existing Hens on
he Richmond ana Manchester Railway
Company This new issue OF bonds. prin-
cnal and interest. We're 10 be guaranteed
by the Richmond Railway and Electric
5th All the property Of the Richmond
and Manchester Railway Company WAS
20 be turned over to the Richmond Rail
way and Electric Company on February
y. 1893.
THE OLD DIETS SETTLED.
In pursuance of the above contract the
property Of the Richmond and Manchester
Railway Company was turned over to the
Richmond Railway and Electric Company
on February 90 1893. all OF the stock Of the
I Richmond and Manchester Railway Com
s-.0any was deposited with the Atlantic
thrust Company, a new issue Of bonds.
"A new mortgage securing the same. and
releases Of the existing mortgages on the
Richmond and Manchester Railway Com
he Richmond and Manchester Railway
Company: all OF the old bonds Of the
Richmond and Manchester Railway Com
PAW were deposited with the Mercantile
Trust Company. Of Baltimore, for eX-
change, and all Of the debts Of the Rich
mond and Manchester Railway Company
PRIOR 10 February. 20 1893 were settled by
Manchester Railway Company.
In November. 1893. after all the pro
Visions Of the contract had been com
Piled with by the bondholders Of the
Richmond and Manchester Railway Com
pany. the bondholders notified the Rich
mond Railway and Electric Company
through George +. Fisher. general man
ager that they were ready for hts com
pany 10 fulfil its contract Put Mr.
Fisher failed 10 carry out the contract
for his company. and has never yet
uun RI hSg he ha "a
valid reason why the ftchmOnd Rail
way and Electric Company has not per
formed the same.
since the Richmond Railway and Elec-
tic Company has had possession Of the
property OF the Richmond and Manches-
ter Railway Company. the Richmond
through George H. rssher removed from
the plant of the Richmond and Man
II chester Railway Company a large por-
q ton OF rs fnachinery' mas taken ne NE
Richmond and Manchester Railway Conn
pany and used the same for its own cars,
Notwithstanding the fact that the con-
tract required the Richmond Railway and
Electric Company 10 keep In good repair
and order all Of the proDegty Of the
Richmond and Manchester Railway Com
pany And Mr. Fisher without the
knowledge either Of the bondholders or
the directors Of the Richmond and Man
chester Railway Company. has filed
mechanic 3 lien against the Richmond
and Manchester Railway Company for
over -four thousand dollars for repairs
alleged 10 have been made by him indi-
yidually on the Richmond and Manches-
ter Railway Company
BgcrIvER FOR BOTH COMPANIES.
The plaintiffs allege on the above
facts. that they are not only entitled
% specific performance Of the contract
bv the Richmond Railway and Electric
uued 10 have a receiver for both com
yauies inasmuch as the Richmond Rail
way and Electric Company. which is
now the real owner OF All the property
- ,be picbmond and NfascheSter Rail
way Company. on which the bondhold-
ers have a lien by two mortgages, and
which has guaranteed the payment Of
the principal and interest Of the new
issue Of bonds. has defauted In the pay
ment Of the interest due by the Rich
nond and Manchester Railway Company
TIE bil ard exhibits were submitted
to Judge Charles H.. monitor. Ju OF
the Circuit Court o. the United States
> for the Eastern district OF Wig MA on
June 9th ia Charleston, ;. C., by Messrs.
John " steele Of the law firm Of Steele.
Senmes & Carey. of Baltimore Nd. and
Preston Cooke OF Meredith & Cooke. Of
Richmond: whereuDon the judge entered
the following order
The oBDYR.
In the Circuit Court Of the United
States for the Eastern district Of Nir-
Gnla Fourth CIRCUIT. Ia equity. Joshua
g. Harvey. 81 ais. and the Baltimore
Trust ana Guarantee company VS.. the
Richmond and Manchester Railway Com
pany and the Richmond Railway and
Electric Company.
The bill and exhibits in this cause haV-
ing been submitted. the same were read
and considered.
III Is thereupon this 9th day of June,
lsi by me. a circuit Judge Of the United
States for the Fourth Circuit, ordered.
adlllged and decree1, Thai the defend
ANS Snow cause on the 2lst day OF
June ls4. before the Circuit Court OF
ne United States In and FOR the Eastern
district O.; Virginia. at Rich.nord, at II
oApck "a NJ. or as soon thereafter as
'o.ns.. can be heard, Why the r,ceiVsr
aga at.lctiOn prayed by the said bill
and meanwhile. II is further ordered,
a1l -lsel and decreed that Arthur NJ.
Sll'l 90 the city Of Richmond, state
N Virginia, be- and he is hereby, APP
pointed temporary receiver Of the said
iitr nl md MaGch .stcr Eaiiwev Com
= patF and Of the said Richmond Railway
a1q Electric Company. the above-named
defendants. with full power and authori-
Wy ~ said temporary receiver 10 take
possession Of all the property, real, per-
sotal and mixed, Of every kind, and all
we books. papers and moneys belonging
u or ln the possession OF the SAID Rich
mond and Manchester Railway Company
ana The said Richmond Railway ana
Electric Company and n necessary, 70
t-e ior and recover all the property OF
saia companies.
WIru FrTL P0wErs
And It Is further ordered that the said
z. NaulI