Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-01-30
Aep Advertisements.
= TATE OF VERMONT, RUT,
EpwIS 4 BIRcHtsR,a
and o..
Joan II, PACE, 49,.

u
the State of Massachusetts,, and John H. Page at
Rutland. In the county Of Rutland AM state oi
Vermont, have iiled their ball IN ehaheeTy against
lanes Cheeyer of Boston Aforesaid;
SETTING fORTH, That body corporate was
created by act Of the legislature, IN o,obcT lNiS
by the maine Of Tho Champlain and tonnecucW
River railroad Company, fof the purIs'sc ~ eun-
,tructing a railroad frum burlington "a hellOws
Falls in this State that said company continued
10 exist, with 70 lts charter, ny
that name until November, lnil, when, by an act
u amendment OF the Legislature, its halne Mas
changed to that u The Rutland and burlington
RAILROAD Company, by which name II has ronl,n'
ued, and still continues 10 exist, under ~ charter
and is amendments,
That within the time inquired by it. charter
anu PRIOR 10 the making OF the tTust-le'si .nd th,
issuing the note, hereinafter mentioned II had
said rOad and pa; Il IA OPERATION, AMI
had thereby incurred large debts and b'e"ine ,ns'
harrassod,
That at the time, the said romIauy, having uu
credit OF means hy whign 90 relieve H. property
nom attachment and 10 diseharge It, debts and
prucurv supplies, II WIS deemed advisable 90, and
the stuekh0llers did, AZ meeting thereof, On thr
sth OF Junc ISIS, by vote, authorize the l'oari q
Directors, iur The punn~t " paying 49, tlgb,s and
Tor contracting Ion building anl furnishing said
road e. --,,y IT. l,.g',l- obligations, '.- -
an amount not eNcccling one million two hun
drcd thousand dollars, with interest hot exceeding
3 peT cent, seml-annualy, % h. dated and pay
able as they should direct AZ the office OF lts tre--
nr1r and did also authorize its directors Ia socur
the payment OF such Obligations, 10 execute a s',-
ond trusi-1ecd ~ mortgage, 10 such persons as
they might select a. trustees IA trust tot the De-
eft 81 the holders Oi said nOtc-,
And further showing that the sand company, IA
pursuance OF said vote did, on thu Inst Of August,
D., 1883, by ~ President, William Il. lec, cN.
ecute such trust-decl, and convey 60 Samuel
Henshaw and j, Thomas Stevenson OF Boston
aforesaid, Tor valuable consideration, all it,
lands, buildings, property aud franchise IN Trust
and for the purposes following, 70 wit
FIRST. In trust, 20 secure the payment Thereof
to the h0ldrrs mtably and without preference, 20
an amount not exceeding million two hun.
dred thousand dollars, ul - many should L. Is
sued within that amount.
Second. In trust, upon the payment NJ the
principal Of said sum- AMI the interest 10 transfer
aud convey sid property and premises 20 ss'i
company discharged iron all trusts en7t'oi
thereby,
Third. Upon Trust, 20 permit ,lil company 20
hold and keep exclusive possession and contml Of
sad property ~ conveyed Tor tle purpose OF thu
business and management II said rad, until the
said company shall make default IN thu payment
of the principal and interest Of said notes,
Fourth. Upon trust, that II said company
should tall 20 pay the principal oE Interest oi sad
notes A. they should become due, and such fail
ure should continue for four months after pay
mcnt should b. demanded IN Whiting, thu said
trustees or their SUCCESSORS, might take posses.
sion Of all -sidI estate and property AMI manaa',
and control the same as the company might have
done before said conveyance. and 10 hold the
moneys and profits realized thereiTum and after
delucting the expenses Of managing said road,
and their services 10 apply the residue from time
20 time, 10 the payment of the principal and inter
est of said notes rstshly and without preference,
And lastly. Upon trust, that If the corporation
shall fail TO pay the principal aud interest OF any
OF sad notes for six months after they shall have
become due the sand trustees, their successors.
on the application OF the holders Of tHo-thlrls n,
amount OF those who have not been paid should
enter upon said property conveyed, and sell the
same al auction, and convey the tltle 20 the SANE
to the purchaser thereof, and after deducting IN,
expenses Of the sale, and charges OF the trust, "a
apply the residue to the payment Of the notes ~
unpaid ratably and without preference; and II
any surplus remains, TO pay the same over 10 said
company.
Further That it was provided in SAID trust
1feJ7t uhHr IT rfICTG should vaT7TCy HT1II SzJ1
trustees, the remaining one should appoint and al
said Vacancy, aud that the trustee 50 appointed
should have all the nights and powers Of the other
and If trustee should neglect 10 appoint, the said
company might apply TO a court of competent lu-
risdiction, which might I'LL such vacancy.
That the said Henshaw and Stevenson accepted
said trust and coyenanted 20 fulfill its duties
And they annex TO said bill copy Of said deed Of
truS.
That the said company, down to November, A
said notes. &c., to relieve themselves from embar-
rassmcnt, determined, and did, by their President,
on the 10th OF November 1855, execute TO the said
Henshaw and Stevenson, a. trustees, their deed
Of surrrnder of all the estate and property what
soever of said railroad for the purposes OF said
trust.
Which SAID deed OF trust the said Henshaw enl
Stevenson aycepted, and entered upon the dis
charge OF its duties, and managed and run salt
road, and are stIll running and managing tn,
same IN execution of said trust
That soon after said surrender, the notes Of tn,
amount and character provided wsrc issued and
sold TO divers parties upon me assurance thnt
said trustees should manage said road and prop
erty and hold the earnings and profits As security
TO the holders OF sad notes, which ar. now out.
standing and unpaid.
That on the inst OF December, 1853, the said J
Thomas Stevenson having resigned, the said sam
uel Hcushlw appointed Thomas Thatcher Of Bos
ton As trustee and the said IL nshaw and Thatcher
acted a, such trustees until their death. That OF
GT about the 10th Of March, 1868, both of the saIL
trustees died, and about tn. 18th Of said March
David A. Smilley OF Burlington and Ephraim \
Chaplin Of Rutland were by the court Of Chanecry
appointed trustees III place OF sud Hen,haw and
thatcher
That on the 10th OF July. 1868 the SAID Smalley
and Charin were discharged hy the Chancellor
and the complainant, Edwin \. Blrehard, and
John w. Stewart OF Middlebury. were appointe ed
trustees under said trust deed, instead OF the said
HenshaN and Thatcher and the SAID Smaley and
Chapin And that on or about the 18th 81 July
1854 the said John W. stewart resigned his SAID
Office, by permission OF Loyal G. kellogg CAan'
cel0r, and John h. Page OF Rutland aforesaid, tn,
other complainant IN tins bul, was appointed ~
place OF the said Stewart; and the said thapir
and Page have ever since operated, and are nov
operating and managing SAID road, under the sglt
trust deed executed and delivered aforesaid.
And they further show that al Burlington. IL
the county Of Chfttenden, james theeSer of Bos
ton aforesaid, at the request Of HenShaw anC
Thatcher, trustees as aforesaid IN then lifetime
purchased, for the benefit OF SAID second trust, O
George f. Edmunds OF Burlington aforesaid, adj
ministrator with the viii annexed, OF the estate
of DAVID Lee of the city Of New York, all til,
said Edmunds' right, title ana interest, as salt
administrator in and to certain Ge'Tee Of III,
Court-ot Chancery, IN favor OF the sad Edmund
administrator against Timothy Eollett and hi
guardian, William l.. Strong, John Bradley, Dawn
4. Smalley, g. l.. BlOdgctt, Morlllo Noyes, tn,
said corporation David Iarbcll, Thomas Iimtch
er, Eli, Gray Loring, Samuel Henshaw, Henry X
Campbell and Gustayus Austin, and the saiC
property therein described, consisting Of lots Nos
j, ,, 3, /, SIS, ., II, Il, Is and IA and TIA,
westerly half of lot No. 10, said lots being ealeS
water lots, and so numbered on the plan OF tn
town of Burlington aforesaid, and situated in tn
city OF Burlington, bounded on the west by LAX
Champan on the east by Water street, the west
erly half OF No. 10 being dwellinghouse, on Nos
ii and IL is a stone store and a wharf with sly
warehouses, and on No. u is brick hotel, Will
outbuldings attached and at the same time III,
sand Uensliaw and Thatcher, trustees, advanced
from the funds accrued under SAID second trust
the sum OF 1871. IS with which to pay SAID dc.
cree and said lots, which the said theeycr rcceireG
upon the understanding that he would purchase tn,
same for the use and benefit of the said seconC
trust, and which the compliments represent.
And thereupon the said Edmunds, for the con
sidcration of the said sum, executed transfer L
the said Cheever of the premises aforesaid.
That the SAID decree having expired without re
demption, the title to the said premises becam,
vested in the said EdInunds.
And they further show that the said assign
ment Of the said decree and the conveyance of tn,
said premises were made solely and eNclusiyel,
for the use and benefit Of the said Henshaw anC
Thatcher as Trustees under said trust deed ano
really for the benefit OF the holders of the sand
notes issued under said trust deed, and that tn,
said Cheever had no interest therein, legal Of
equitable, and that tina eeaplaiHaHtS their rep
resentatives, are entitled to the same, and that
they have ever since been in possession thereof
That on the llth day Of September, 1857, tn,
said Cheever, by certain written instrument ex
eeuted to the said Henshaw & Thatcher as Trus
and