Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1862-10-23
LEGAL NOTICES.
TN CHANCERY, RUTLAND COUNTY,

TN CHANCERY, RUTLAND COUNTY,
i March term, ls6s William L, Hart o., Shsphsrd
Knapp aud Daniel $. Miller, Trustees, and tho Rutland
Whereas, William 4 Hart, Of Boston, in tho State d
Massachusetts, did on the 10th day OF september 1852,
e his bill of complaint in the courtof chancey for the
county Of Rutland setting forth in substance the char
ter and organization OF the Rutland Washington
Railroad Company, the construction BY sad company Of
the Rutland Washington Railroad and the equipment
thereof the issue by said company for the purpose OF o.
tanning money to complete their said road, Of two hun
dred and fifty bonds Of one thousand dollars each. As
execution by the directors Of said company pur
ported be mortgage of said road and branches bear.
ing date the Goth Of June, 1850 . secure tho gsymsn,
OF said bonds and the interest thereon 70 shepherd
Knapp aud Daniel s. Miller, of the City Of Few York. ~
Trustees and the negotiation and sale by said company
Of said bonds purportng to DO secured to various par.
ties.
And further setting forth that tho complainant had
become and is the owner and holder for fu value
dollars.
And further setting forth that said bonds long
since due With Large srrsar Of % SsS sSa ps
very small part Of the interest that said company had
become wholly worthless and irresponsible that the
possession of said road had passed and still continues IN
the hands of the Trustees Of another and subsequent
mortgage, who deny and contest the validity OF the
aforesaid first mortgage and that sd oonas nau oooo
greatly deprecated and entirely unsaeable not wort
less.
And further setting forth that the said Knapp and
Miller had accepted said trust and had proposed ad-
minister the same but had not succeeded in obtaining
navuent of sap bonds and interest or security therefor
or reasonable prospect thereof that man ycara asS
they had commenced certain feeble, dlatorj and hope
esy expensive proceedings, proessedy for foreclosure
Of said mortgage which, after being long continued AZ
much WEAKNESS and expense had resulted in an adverse
Decree from which decree they had taken an appeal q
which the hearing, as the complainant II advised,
doubtful and the prospect Of success meagrc that 70
carry on the expenses of said unpromsng litigation.
said Truseers had procured an order Of the Court o.
Chanoery requiring every holder of bonds under said
mortgage 10 pay to said Trustees six per cent on hs
amount Of bonds holden by him respectively TO DO 81.
-. Of nphs nf
so by them holden that many of said bond -holders.
weary Of the delay, expense and hopeless prospects
ne,ntt thar bonds 10 be conscated under said order;
that said Trustees had never filed or settled their az
counts and that unless said trust could in some way pc
terminated the whole value Of all Of said bonds woah
And prsying that said Trustees may be deeed 10 dose
their said trust and be therefron and 10 ,e
tees be appointed that the rights and interest Of @
mid first mortgages, whatever the same may be IN sad
road and branches may De deSrsed to be so =. pSSe
way to be made efectua security for said bonds
a the court may deem proper and that other
es under the mortgage who shall desire to come
contribute TO the expense Of this suit, BIO permitted and
to become parties thereto and for such other and further
relief in the premises the complainant may require
and entitled to in the opinion and Judgment OF tbs
court and the usual process of subpoena being issued.
directed to said shepherd Knapp Daniel s. Miller and
said Rutland Washington Railroad Company, com
before tSs courtof chanoery next TO l. Sed a Rutland
within and for the County Of Rutland the second Tues
dayof March, 1868, then and there to the
| plainants bill and to abide the decree add judgmes
of the Court thereon. -
And il appearing that said shepherd Knapp nd Dan
lei s. Miller reside without the limits and jurisdiction Of
the State that personal service Of said bill and s.b
pncea can not be made on them
II il ordered by tho Court that notice of Ne fling and
pendeney Of said BILL any of the issue of said subpoena.
DO given 70 said Shepherd Knapp and Daniel D. Miller
by publishing the substance Of said bill and this order in
the Rutland Herald Newspaper for three weeks
vely the last Of said publications 70 be at Least three
weeks before the term y which said subp0aa retaua
| BILE ~ Aforesaid.
Dated at Rsaasd sforeseid, thh soth day Of ssSssn
4 br, 1861. sis HgfH hsis5a. 80 90
/ @ l, +. ". H0PKINH. 0mk.