The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-12

held and owned by the defendant, the
State of North Carolina. and every part
thereof, or of such numbers of shares Of
stock as may be directed by this court
to be sold.
Fourth. That the thirty thousand SHARES
of stock of the North Carolina Railroad
Company held and owned by the defen-
dant, the State of North Carolina, and
fully described with this bill of COM
plant. or so many shares thereof as may
be necessT~y to pay off and discharge
the two mortgages described in this bill
and designated respectively as the first
mortgage and the second mortgage nay
be sold under the direction of this court.
Fifth. That the proceeds of the sale
OF the stock as may be made under the
direction of this court sh all be applied in
due course and order; that is 10 say:
First, to the payment of The necessary
cost and allowances and expenses of this
suit. Second, to the payment of the
bonds and coupons secured ly that ere
of the two mortgages, hereinbefore de-
scribed, which this court may determine
to be the prior encumbTance. Thiri, to
the payment of the bonds and coupons
secured by that one IF the two mort
cages designated by this bill which may
be determined by this court to be the
junior or inferior circumference Fourth,
to the defendant, the State of North
Carolina, such sum Of loney derived
from such sale as may remain after and
over and above che applications; sf"re
said.
Sixth. That during the tendency of
this suit receiver be appointed to take
into his possession the thirty thousand
shares of stock of the North Carolina
Railroad Company held and owned by the
defendant, the State of North Carolina,
and to collect all dividend which shall
accrue or become due on said stock, and
to hold and disburse the same under the
direction of this court.
Seventh. For an injunction pending
| this suit prohibiting and enjoining the
| defendant the State of North Carolina
| from collecting or receiving any dividends
| derived from said thirty thousand shares
| of stock or any part thereof. and from
collecting and receiving as the owner
and holder of said thirty thousand shares
of stock any moneys whatever accruing
| to said defendant in that behalf, and
| commanding the said defendant the State
| Of North Carolina, to deliver to the re-
| ceiver appointed by this court the ccrtifi-
| cate or certificates of stock held by said
| State in the North Carolina Railroad
| Company and commanding it &c endorse
the same in accordance with the charter
/ rules and bylaws Of said corporation,
| the North Carolina Railroad Company.
to the end that said receiver may have
| the said stock duly transferred - him on
| the books of said corporation, the North
! Carolina Railroad Company.
/ Eighth. And that your Orator may
| have all such other and furthc: relief
in the premises as the facts AMI cir
/ cumstances and the nature of the case
| may require and 70 which it may b. en-
| titled in equity and good conscience.
| May it please your honor TO grant ycur
Orator a writ of subpoena, to be directed
| to the said defendants, the State of NTH
| Carolina, and The said .......... ...
| and the said Charles Salter theleby
| commanding them at a eerrain penalty
| therein to be limited, ersonally to spfear
| before this honorable court ana then and
| there full, true direct, and ,t rfect an
| swer make to all lnd singular the Ircn-
| ises, and to stand perfor mand abide by
| such order, direction and decree as may
be made against them in the premises, as
| shall seem meet and agreeable to equity.
| And your Orator will yer pray.
WHEELER H. PECKHAM,
Solicitor for the Plaintiff.