The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1896-05-08

IN hand IN leased lines and all its
rights under leases were covered by
the second mortgage. There is chat
tel mortgage on Its equipment executed
January L, 1893 to w. Seward Webb tc
secure payment Of 10 year bonds. |,
had on March 20 unpaid bills of over
$3.50, 600 for material and supplies, un-
paid rents for leased roads of Sl5S, O00
and net unpaid traffic balances OF some
$419, 900, and it's floating debt exceeded
81, 1852, 600 besides the 81, 600, 900 to the
Grand Trunk represented by per cent.
bonds. ..-
AS both sides were satisfied to have
the lease thrown up, except that the
Central resisted the appointment of a
master to assess damages, on the
ground that there was an adequate
remedy at law, Judge Wheeler ordered
it done, and the order, which was
drawn up yesterday takes the form o!
an approval of the receivers action in
refusing to adopt the lease. But it
also provides for special master to
determine the damages incident to the
forfeiture and all questions about the
value of property claims and as com
pared with that received. 1t orders the
money in the Clement bank and the
| Fitchburg's hands to be paid over to
the receivers on condition that the re-
ceivers shall forthwith pay the rent
from March |, to March 20, being $50, :
400 12, and shall set apart S45, 900, sub
| ject to the special order of the court
about the rent after March 20. The
receivers are directed to report the net
earnings OF the road from March 20 to
the time the property is surrendered,
| together with their opinion as to the
value of the use of the property to the
receivership during that time. The re-
ceivers had offered to keep the road
and pay over all is net earnings, and
| the counsel repeated that offer in
court, but it was not satisfa tory to the
Rutland folks, though apparently that
| is about the basis on which the court
will fix the rent accruing since March
| 20.
The order for the surrender of the
property was for it to 90 into effect at
midnight last night and arrangements
were completed between the two lots
of officials so that President Clement
took possession today. What the fu-
ture plans will be. whether it will be
operated independently.o or fall into the
hands of the Delaware d Hudson or
Fitchburg is purely surmise. AS to
the Central the best opinion seems to
be that its ultimate destination is the
Boston & Maine. Charles Parsons,
a bondholder of the Ogdens
burg & Lake Champlain railroad, now
under lease to the Central Vermont,
presented petition against possible
surrender of that lease, and the court
ordered a hearing on it at Windsor,
May 19.
Frank Dudley apt VS.. United States,
question as to what is dressed lumber
was argued by Fl f Tucker of Boston
and Prouty of Newport, for Dudley
and by District Attorney Senter and
Gen. Daniel Magone. ex-collector of
the port OF New York and Strong of
Ogdensburg for the government. The
case comes up on an appeal from de-
cision of Collector Smalley, affirmed by
the board of general appraisers, that
anything more tnan planning makes il
manufactured lumber in this case the
lumber was planed on both sides.
tongued and grooved.
Edwin L. Foster, receiver of the
DemingN. NJ. National bank, V. the late
Benjamin F. Lincoln of Lyndonville,
the widow the executrix, bill in
equity to collect al 81 per cent assess
ment on - shares Of stock which Mr.. |
Lincoln held in the bank ana which in
September, |, 81. shortly before ii |
went up. he gave to his > children, one |
of them minor and the other four of |
whom have no property from which I
the assessment can be collected. On .
one side it was claimed that he had /
intimation of the approaching collapse |
and disposed of his stock in this way |
to avoid assessment and on the other
that it was merely parental present
w L. Burnap of Burlington for orator
Boyd Ewing receiver of the Cardiff
Co. against i. G. Burnham of Bur
lington and a. =. Childs of Bennine-
ton, actions growing out of the at
building of city at Cardiff,
Tenn. two of large series of cases be-
ing brought against stock holders. after
a decision in the supreme court, in the
courts of Vermont. Maine. New Hamp
shire and Massachusetts. 1t was heard
on motion TO disimss. claiming that
the new procedure act of Vermont
which enacts that all processes shall
be served within q days of date and !
and docketed within 81 days
has not been complied with and that
this is such part of the procedure. as l
is covered by section 9l3 Rev. Stat. U.
s., which says the procedure pleadings
and practise of circuit and district .
courts shall conform as nearly as may ,
le as those of the states in which they 5
ire held. The other side claimed that {
tshad not been adopted by the court I
md was not such part as was necessa /.
Y to follow. ID. j. Foster of Burling- J
on argued for the motion and Prouty :
md P. NJ. Meldon of Rutland for the '
eceiver. The decision was reserved.
II. A. Eddy We. Burlington Free Press e
ssociation. for libel was entered y
settled and discontinued. +
John W. Schofield, receiver of the 7
IlbuquerquetN. NJ. National bank vs. v
/. f. Folsom of Fyndonvile was set t
led and discontinued. I
In the district court United States X
J. Chauncey Arlington of Thetford. 7
Indictment for selling liquor without y
aging the special tax. Respondent O
tho was indicted at the October term. "
umped his bail, ran away and was
rrested, was brought into court. plead
d guilty and was fined 500 and SEN d
enced to one month s imprisonment a
] the house of correction, District At b
,rney Senter for prosecution. IS
L. S. VS.. Adams L. Miller of Derby p
inc, indictment for smuggling Paris "
reen. Respondent by counsel with pl
rev plea of mot guilty. entered at y,
eburary term, pleaded guilty and was
red Si0O with $50. 81 of costs which ca
, paid. ca
at
Choral Union. =
There WIS a very large Attendance