McKee

— The property of the Pacific Railway Company was placed in the hands of the respondent, Crank, as receiver. Prior to the appointment of the receiver, the company had been operating a horse-car line in the city of Los Angeles, under a lease from the East-and West Los Angeles Street Railway Company to the predecessor of the insolvent defendant. The lease provided for the payment of an annual rental of ten thousand dollars, but no payments have ever been made on' account thereof, and the receiver is unable to make any payments on account of the lease.. The municipal authorities have recently ordered Figueroa Street to be paved, and under the law the horse-car company is required to pave between its tracks, and for two feet on the outside thereof. The receiver, having no funds with which to do the work, presented a petition to the court below, accompanied by a contract for the paving, and providing for payment in certificates to be issued by the receiver of the insolvent railway company. The interveners, who hold a large amount of first-mortgage bonds on the cable line, protested against the issuance of the certificates to pay for paving the street, and asked that in case the…