Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1905-04-28

To all who may be concerned in the de-
cree In this cause. rendered at February
Term, 1905, Of the Circuit Court of Taze-
we'll County.
J. I. Keil and others, ComplaInants,
rs. In Chancery,
tri-State Mining and Manufacturing Co.,
ct ais, Defendants
The following is an abstract OF the
said decree prescribing the duties to be
performed by me as one OF the Commits
sioners In chancery of said Court.
Upon consideration whereof, the Cours
doth ad1udge, order and decree that j. III.
STUART one of the Commissioners In chan
Gerry OF this Court do take and state an &C
count In this cause, as follows:
1. He will ascertain all debts OF evorv
kind whatsoever. now owing by the de-
PENDANT. Tri.State Mining and Manufac-
turing Company. to any creditor which
was contracted by and owing by the said
defendant, Tri-State Mining and Manu-
featuring Company, prior to the time of
the appointment of the Receiver In this
case.
:. said Commissioner will ascertain
the amount due and owing on each debt.
and the date from which Il shall bear IN
terest.
). lie will ascertain the character of
the debt, whether n simple contract debt.
or la the nature of lien, and how the
lien was created. and the date and priori-
" OF the lien, and in making his report.
ne VIII report the character and priority
OF any liens I'm the order In which they
stand, and In what Court rendered and
when rendered. and how the lien was
contracted or acquired,
4. In so doing no will ascertain how
much the defendant, rrI-S,ate Mining and
manufacturing Company owes 10 the
complainants under and by reason OF the
deed OF trust which is set forth in the bills
III said cause and how much the said de-
PENDANT Company is liable for under said
deed Of trust TO the benenciaries therein.
anC fix the date of interest on items that
may be secured 10y said deed of trust.
.. Said Commissioner will ascertain
the Stockholders who now own and hold
stock In said rri-State Mining aud Man
uiacturlng Company. and the amount of
stock which each Stakeholder owns and
holds.
q. And IL appearing TO the Court from
she bills In this cause that there are other
chancery suits pending I'm this Court, as
sorting liens by way OF attachments, said
Commissioner II ordered TO report. In as
certaining the priority OF liens, the date
Of all liens claimed by attachments. or
otherwise, under said chaucery causes.
but said Commissioners Is not authorized
to pass upon the validity or legality OF
any OF said liens In his report, but is
authorized 20 report them AS they appear
prima facie LA each case, and In so doing
VIII report the styles OF the causes which
are pending and the character OF the liens
asserted thereby, whether pending I'm
this Court. OF i'm any other Court In this
state.
I. said Commissioner Is required 10
perform these duties before the MAY term
OF the Court, and as this suit now stands
Tor the purpose of selling al the assets
oil the said defendant Company, said
Commissioner Will ascertain and report
to this Court ali the assets, real and per
sonal, which belong to the Irl-State Min
Ing aud Manufacturing Company in the
State OF Virginia, and give accurate de-
seriptions of such assets; II It Is real
estate, whether IL Is I'm fee simple or
lease-hOld or held otherwise, ana SO direct
r his report as To give this Court accurate
Information OF all the holdings and char
actcr OF the assets belonging TO the de.
PENDANT Company.
said Commissioner being also the Re.
ceiver In this caIse. will submit a fun
report of all his acts and doings as such
} Receivers stating what assets are I'm his
hands, subject 10 the disposal OF this
Court, or that VIII be subject 10 the dis
posal thereof at the next term (May) OF
! this Court.
p .. 10 Is meant and intended by the an
pointment OF the Commissioner I'm this
cause that everything be done that can be
done to prepare this cause for a decree for
; the sale OF the assets OF the said defendant
Company, so as the same may DO applied
to the payment Of all debts that NAV an
pear as subsisting before said Commits
sioDer and said Commissioner Will act
accordingly and report his acts 10 this
Court.
Notice Is hereby given that have fixed
at my Office, Town of Tazewell, Virginia.
on the LIST day of April, 1908, as the time
and place for taking the account required.
Will continue the taking thereof from
day to day until completed.
j. IL. STUART. Commissioner.