CENTRAL TRUST co. ·v. wABAsH, sr. L. & P. RY. 00. 9 R
lish new liens or demands. The point I insisted upon in confer-
ence with my Brother BREWER was that we could not do that. We
simply preserve the property for the interests of all concerned.
Here was a novel question presented,—novel in this one sense, viz.,
that this property was in the hands of a receiver; there is an-
other public enterprise; and if we did not permit the receivers to
assent thereto, another great enterprise would be obstructed. You
are all here under a franchise from a common government, which
looks to the public good. That is the underlying thought. Now, we
say we will allow our receivers to permit the crossings, etc., without
charging any permanent servitude on the property at all. We will
do nothing but grant what might be called "a license." That isall
these parties are going to acquire, so far as this court is concerned,
during the pendency of the receivership. We will permit tlris=to be
done on the giving of a bond to respond to any damages of- parties in _
interest. We don’t decide ultimate questions at all.' Tliattmaybe
done hereafter. If this road goes to a foreclosure and sale, parties
may do whatever they choose,—we don’t propose to pass on those quesé
tions, and intended to eliminate them entirely. T  
Mr. Priest. That, I understand, is in regard to the possessory
interests of the receivers, so far as they are concerned, andlI only
look to their inte1·ests in this matter. " ’ E   *
Treat, J. They are the officers of the court, and we direct them‘to
do this on receiving this bond. That is all. If there are questions be-
hind that, which go to the ultimate determination of titles, etc., this
court is not going to pass upon them at present. Let the proper
tribunal pass upon them when they arise. We do not determine ·
what that proper tribunal is. We merely say we will not do it now.
Mr. Priest. I am glad to have the expression of the court upon
this point. It is suggested that the receivers may, possibly, during
the continuance of their possession, suffer damages by reason of the
crossing at this depot. i ~
Treat, J. Well, they will have to be paid. The bond that we re¢
tain for damages, if there are any, is for that purpose. . =
Mr. Priest. How are we to ascertain those damages?
Treat, J. That will go to the master at the proper time.
Mr. Priest. By petition Bled?
Treat, J. Oh, no. It is a part ofthe pending matter. There is
no need of going though it again.
Mr. Priest. We wish to be careful, so that the jurisdiction may be
preserved against the parties to respond to any action which the re-
ceivers may present, by way of a bill, against them, before the mas·
ter, for such damages as they may sustain. ·
Treat, J. Judge BREWER said yesterday,——perhaps you did not catch
it,-"Reserving all further questions in regard to any damages that
may be sustained in the pending matter." There is no need of
bringing a new action at all. We retain the case as presented, on the