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To the REPORT of JAMES C. SPENCER, Referee, in the matters referred to him under the order entered in the above entitled action, on the 20th day of May, 1878, and submitted to said Referee on the 5th day of April, 1879, and containing Exhibits referred to in said Report.

AUGUSTUS SCHOONMAKER, JR.,

Attorney-General, for Plaintiff.

AMASA J. PARKER,

LUKE F. COZANS,

Of Counsel.

WILLIAM W. MACFARLAND,

Of Counsel for ERIE RAILWAY COMPANY.

HERBERT B. TURNER,

Of Counsel for THE FARMERS' LOAN AND TRUST COMPANY. CHARLES L. ATTERBURY,

For HUGH J. JEWETT, Receiver of the Erie Railway Company.

"EXHIBIT A.”

At a Special Term of the Supreme Court of the State of New York, held at the Court House in the City of New York, on the 26th day of May, A. D. 1875.

Present- The Hon. CHARLES DONOHUE, Justice.

THE PEOPLE OF THE STATE OF NEW YORK,

agst.

THE ERIE RAILWAY COMPANY, HUGH J. JEWETT, and others.

Order Appointing
Receiver.

A motion on behalf of the plaintiff in this cause having been made for leave to amend the summons herein and make new parties defendant, and for leave to file an amended and supplemental complaint; and also for the appointment of a Receiver of the property and franchises of the Erie Railway, according to the statute in such case made and provided, as is alleged; and also for an injunction, as by the motion papers herein will fully and at large appear; and the said motion now coming on to be heard, and Wilber M. Brown, Esq., as counsel for the People in this behalf, duly delegated by the Attorney-General, appearing and moving for and on behalf of the People; the defendant, the Erie Railway Company, as well as the other defendants who have been served and have appeared in this action having by Shipman, Barlow, Larocque & MacFarland, their attorneys in this action, expressly waived any and all objections for want of notice, and having admitted due and legal notice and service of the motion papers herein:

Now, therefore, on the proposed amended summons and proposed amended and supplemental complaint herein, duly verified, and on the affidavit of the said Wilber M. Brown, Esq., and on motion of the said Wilber M. Brown, of counsel for the plaintiff, and after hearing William W. MacFarland, Esq., on behalf of the said Erie Railway Company and the aforesaid other defendants, and due deliberation having been had, it is ordered:

1. That the summons in this action be, and the same is hereby amended as prayed for.

2. That leave be granted, and leave is hereby granted to file the proposed amended and supplemental complaint in this action as prayed for.

And the said summons being so amended, and the said amended and supplemental complaint ihavng been duly filed, it is further ordered: That Hugh J. Jewett, now the President of The Erie Railway Company, be and he is hereby appointed Receiver of all and singular the property and franchises of the said defendant The Erie Railway Company, mentioned and described in the complaint in this action, and all and singular the appurtenances in anywise thereto appertaining, and of all records, books, papers and accounts of the said company in anywise appertaining to the business thereof, and necessary to enable him properly and efficiently to perform the duties imposed upon him by this order.

That he give a bond for the faithful performance of his duties as Receiver in the premises in the sum of five hundred thousand dollars, with sureties to be approved as to form and sufficiency by one of the Justices of this Court, and that on the filing of such bond he enter forthwith upon the performance of his duties as such Receiver.

And it is further ordered:

1. As soon as may be after he shall have entered upon the performance of his duties, the said Receiver shall make and file with the Clerk of this Court a true, full, and complete inventory of all and singular the property of the said company, real and personal and mixed, of all which he is appointed Receiver.

2. The said Receiver shall continue the operation of the said road in the ordinary and usual course as the same is now operated in the common carriage of freight and passengers, having due regard to the public interest and the accommodation of the public, and keeping the premises and property, both real and personal, in good condition and repair, to the end that the said road may be efficiently operated with safety and convenience to the public. To the same end he shall from time to time employ and discharge all needful laborers, servants and agents, and purchase and pay for all such needful material and supplies as may seem to him to be necessary and proper in the exercise of a sound discretion, with leave to apply to the Court from time to time as he may be advised for directions in the premises. He shall settle and adjust according to usage and the usual course of business, all outstanding traffic balances with other railroads, and like balances from time to time as may arise. And he shall have power to make all usual, necessary, and proper arrangements for the interchange of business in the way of traffic arrangements, and he shall have power generally to do and perform all things usual and proper according to the rules and usages of good railroad management, to increase the business of the said road, and promote the convenience of the public.

He shall have power to prosecute and defend, without the further order of this Court, all existing actions by or against said Company, and to pay and defray the usual and ordinary expenses incident thereto. He shall have power to commence and prosecute any actions which in the usual course of business he may deem it proper and necessary to commence hereafter, either in the name of the said Company, or in his own name as such Receiver, as he may be advised. He shall have full power to defend any and all suits that may hereafter be brought against the said Company, or against himself as such Receiver, by the permission of this Court, and to defray the necessary and proper expense of such prosecution and defences. He shall do whatever may be needful to maintain and preserve the corporate organization and franchises of the said Company till final judgment in this action, and to defray the necessary and proper expenses incident thereto, and in all and singular the premises he shall be subject to such orders and directions as this Court may from time to time make, and he is authorized to apply from time to time for such orders and directions as he may be advised.

3. As soon as may reasonably be done, after he shall have entered upon the performance of his duties, the said Receiver shall pay and discharge all debts due from the said Company to laborers, servants, agents and employees of all kinds for services rendered in and about the operation of the railroads of the said company, and in and about the conduct and management of its lawful business. Such payments shall not embrace debts due for more than four months prior to the entry of this order, without the further order of this Court in the premises.

4. He shall in like manner ascertain the amount due by said Company, and unpaid for current materials and supplies purchased for the use and operation of the railroads of the said Company, within four months prior to the entry of this order, and he shall pay the amount found to be justly due, but he shall not have power to pay any such debts of longer standing without the further order of this Court.

5. He shall have power to redeem any and all securities of the Company now pledged as security on loans of money, and if needful shall have power to borrow money for this purpose, and he shall also have power to borrow money if needful in his judgment, in order to comply with the directions contained in the third and fourth paragraphs of this order, and so far as may be needful to pay for current necessities for labor and supplies, but for no other purpose without the order of this Court,

6. The said Receiver shall keep a true, full, and particular account of all his acts and doings as such, of all the property, rents, revenues and incomes, and of all his payments and disbursements in the performance of the duties imposed by this order. And he shall once in every three months, and oftener, if required, render to this Court, and file with the clerk thereof, a true, full, particular account of all his receipts and disbursements in the premises. He shall keep all balances of moneys in his hands on deposit in some bank of approved credit, subject to his order, and he shall not pay out, but safely keep subject to the further order of this Court, all such moneys, except in so far as payment and disbursements are authorized by the, terms of this order. The premises considered, it is further ordered, that the said defend.

ant, The Erie Railway Company, be, and the said Company is hereby commanded and strictly enjoined not to pay, or cause or permit to be paid, any interest upon any of the mortgage bonds of the said Company until the further order of this Court in the premises.

And the said Company, and each and all the officers and agents thereof, are also strictly commanded and enjoined to deliver up and render to the said Receiver, when he shall have become qualified according o the terms of this order to enter upon his duties as Receiver, all and singular the premises whereof he is hereby appointed Receiver, and is further ordered that each of the said defendants, trustees respectively of the mortgages referred to in the complaint in this action, be and they hereby are severally and respectively restrained and enjoined from commencing or prosecuting, or causing, or permitting to be commenced or prosecuted, any action against the said Company, or in anywise affecting the property thereof, and from in anywise interfering with the said Company or the property thereof, as such trustees, without the further order of this Court.

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At a Special Term of the Supreme Court of the State of New York, held at the
Court House in the City of New York, on the ninth day of June, A. D. 1875.

Present-The Honorable CHAS. DONOHUE,

Justice.

THE PEOPLE OF THE STATE OF NEW YORK,

against

THE ERIE RAILWAY Co., and others.

Order Extending
Receivership.

On the proceedings heretofore had in this cause, on the answer of The Farmers' Loan and Trust Co., on the admission of due service of notice of motion endorsed on this order, on the consents thereon endorsed, the affidavit of Edgar Logan, Esq., and on motion of H. B. Turner, Esq., of counsel for the said Farmers' Loan and Trust Company, it is ordered, That the Receivership heretofore created in this cause be extended to the said mortgages whereof the said Farmers' Loan and Trust Company is Trustee, as in said answer is alleged, and the Hon. Hugh J. Jewett, heretofore appointed Receiver in this cause, be, and he is hereby, ordered and adjudged to be Receiver under the said mortgages, in the same manner and in the same effect, to all intents and purposes, as though the said Receiver had been appointed in an independent action brought by the said Farmers' Loan and Trust Company, as Trustees, to foreclose the said mortgages whereof the said Trust Company is Trustee, saving all rights of the plaintiff herein as they may appear; and all and every the orders heretofore made, touching the said Receivership, are hereby confirmed and declared to embrace, and be applicable to the Receivership hereby established, according to their true intent and tenor; and leave is hereby given to the said Farmers' Loan and Trust Company, Trustee, to apply from time to time for such other and further orders as the said company may be advised are proper or necessary for the enforcement or the protection of the rights of said company in the premises as Trustee.. (A copy.) WILLIAM WALSH, Clerk..

"EXHIBIT C."

THE PEOPLE OF THE STATE OF NEW YORK,

agst.

THE ERIE RAILWAY COMPANY, H. J. JEWETT, and others.

Order Extending
Receivership.

At a Special Term of the Supreme Court, held at the Court House, in the
City of New York, on the fifteenth day of June, 1875.

Present-Hon. CHAS. DONOHUE, Justice.

On reading and filing the answer of D. B. Eaton in this action, and his affidavit therein, sworn to on the fifteenth day of June instant; and after hearing Mr. Edgar Logan on behalf of the plaintiff, and William W. Macfarland on behalf of the Erie Railway Company; and on motion of said Eaton, as attorney in person :

It is Ordered, That the Receivership in this suit be, and the same is hereby extended therein to the mortgaged property, rights, income, and franchises covered by the mortgage to said Eaton as Trustee mentioned in said answer, and also to the property, income, rights, and franchises covered by said fifth and supplemental mortgages in said answer mentioned, which said property, rights, income, and franchises said Receiver shall hold, protect and preserve, or make disposition of the same according to the legal and equitable rights of those secured by said mortgages respectively, and said Receiver shall, as he may be properly advised by counsel, so keep his accounts, and prepare and file inventories, that it may be practicable at any time to ascertain the amounts and income of said mortgaged properties, respectively, and the disposition made thereof. But this appointment of said Receiver (the Hon. Hugh J. Jewett), as Receiver under said mortgages in this suit, shall be without prejudice to the appointment of a Receiver under said mortgages, respectively, in any suit for the foreclosure of either of the same.

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At a Special Term of the Supreme Court of the State of New York, held at the Court House in the City of New York, on the 20th day of May, 1878.

Present-Hon. CHARLES DONOHUE, Justice.

THE PEOPLE OF THE STATE OF NEW YORK,

against

THE ERIE RAILWAY COMPANY, and others.

Order and Petition.
Reference to
James C. Spencer.

Upon reading and filing the petition of the Attorney-General in the above-entitled action, bearing date the 18th day of May, 1878, and after hearing the Attorney-General for the People, William W. MacFarland, Esq., of counsel for the defendant The Erie Railway Company, Herbert B. Turner, Esq.,

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