Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-11-19

come bonds held by him and interest
thereon, and of the purchase OF certain
shares Of the stock of the defendant
company held by him, caused his said
bill OF complaint to be discontinued |;
and as your orators are informed and
believe, the defendant company paid,
or caused to be paid to the receivers
appointed In said cause, or ono of them
exorbitant upconscionable ard illegal
fees for their or his services as such
receivers or receiver.
Your orators have now for the first
time acquired notice and knowledge of
the fraudulent acts herein set forth,
and did not acquire the same in time
to file formal intervention in said
cause of said Buchanan. against the
defendant company prior to the diacon-
tinuance thereof. %
The prayers of the complainants are
as follows: a ,f
First That the defendant may be
required to render full, true and perfect
accounts under the direction of the
honorable court OF all moneys and other
assets and property OF every description
received, held or owned by it since it's
incorporation, and Of all incomes there
from, and also of all payments and dis
positions OF it's moneys and other assets
and property OF every description. since
said date.
Second, That it may be decreed that
the defendant company is indebted to
your orators and other holders OF said
income bonds to the amount OF 7 por
cent per annum. annual interest upon
the income bonde held by them re-
| spectiyely since the last payment Of
interest thereon, and that the defendant
be ordered to pay the same to your
orators, and to the other income bond
| holders.
Third, That the defendant company
and its officers, directors, agents and
attorneys, may be enioined and re-
| strained by the injunction OF this
honorable court from selling, trans
fepring, mortgaging, pledging or in any
manner disposing OF any of its moneys,
assets, or property, and from removing
the game from the district of Delaware,
drfrom disposing of or removing from
said district any Of its records, books
| of account, vouchers, documents or
other papers, and especially that the
| defendant company may be enioined
and restrained from making good any
deficit under said trust agreement,
either to said Bay State Gas Co. Of
New Jersey, or to said Mercantile Trust
Co., and from making any payments to
either of said companies.
Fourth, That one or more suitable
persons may be appointed receiver or
| receivers OF the assets. effects and
credits of the defendant, to preserve the
same until the final decree herein, and
| for the purpose of recovering by proper
1 N ltraafinp NJ
this court such Of its moneys and other
assets and property az have been dis.
posed of frauduleptly, illegally or
without consideration and,
Lastly, That your honor grant unto
your orators such other and further
relief as the circumstances of this case
may require and the court shall seem
meet
ITO the end, therefore, that the
defendant may be required to make
full, true, direct and perfect answer to
the arerments herein.
MAY it please your honor to grant
unto your orators not only writ of in.
junction confoi mable to the prayer oil
this bill, but also a writ of subpens
to be directed to the defendant, COM
manding it at a certain day and under 9
certain pain therein to be limited to be
and appear in this honorable court,
then and there to answer all anG
singular the premises, the oath thereto
being specially waived; and, further
to stand to, perform and abide suct
further order, directions and decree
herein, as the nature Of this case may
require, and to this court shall seen
meet. -
Judge Wales granted a rule to SHOW
cause why receivers should not b.
appointed and rule to show cause VIII,
an injunction should not issue restrain
ing the company from disposIng of ii
property or removing any of its record
from the district. Both rules wer,
made returnable on Monday, Decembe
7th,