Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1879-02-13

VTHEREAS the Buck sport and Bangor Rail.
W Road COMPANY, corporation duly establish
ed by the Laws Of the state Of Maine, did by an
instrument dated November Tenth. A. d. les
executed under the seal OF the corporation. and re.
corded ~ the Registry Of Deeds for the County of
III and in the Registry OF Deeds for the Counsy u
Penobseot. In said State OF Marie, Volume 1 10
ssx aso sS.d c o. nroasiva ahi II eo ss
State OF New York, and Samuel =. Hersey Of Ran.
gor III the county OF Penobseot and State Of aine
ated in the SAID instrument. all Its rights, title
aud interest iH and to all and singular. its prop.
erty, real aud personal. OF whatever nature and
description. including its Railway. and appurten
ances all It's rights, privileges, franchise. and
easements, all buildings used IN connection with
sad Halfway or tne business N sreoi and al lands
pertains To said road. 10 have and to hold the
aioregranted premises with all the rights. privsi-
ing, thereby conveyed or intended 10 be conveyed
to the said Richard r. Buck and samuel y. Jersey.
and their succe esors IN the trusts thereof TO their
use and behoof forever, but only upon the trusts.
and for the purposes therein declared and set
forth, 10 Wit: Tor the person and corporations,
and in trust Tor the benefit, protection aud seeuri
Is of the persons or corporations who should holf
the bonds Ia be issued by the said Buckspou and
Bangor Rail Road Company, which were IN the
aggregate Of the amount or sum OF -Four Hundred,
thousand Dollars as stipulated in said instrument
and for eniorceiag the siipu lations OF the said
Rail Road Company in that behalf, in their true
intent and meaning, whether contained in said
bonds OF IN said instrument and subject to the pro-
visions of the Laws oil the state OF Maine reiatlng
TO Railroad mortgages. and the nghts, powers
duties ami obligations of Trustees therein and
thereby appointed.
And whereas the said Richard p. Buck and the
saId samuel =. Hersey pied the trusts created
as aforesaid, and whereas after said acceptance
SAMUEL h. HerseY, one OF the Trustees aforesaid.
died. and whereas at meeting OF the bondhod-
unaer said mortgage, called and notified az.
eortiipg 10 the Statute IN such made aud pro.
vi,ied, sswaii y. swsxey of Buck sport in III,
County OF Hancock and state OF Malnr. was elect.
a IA pxt huu t.fsra a
10 ii the vacancy caused by the dealt Of the said
samuel y. Jersey ssd whereas The proceedings
OF said meeting OF bonsihoI,lers was presented 10
the supreme Judicial Court OF the state OF Maine,
BY whom after notice aud hearing said election
OF the said se~aii b swaaey as Trustee at
nrmed
And whereas the said Richard =. Buck has
since said election and afiirmancc executed The
necessary transfer of the trust property to the
Trustee.
And whereas the conditions of said mortgage
were that in the said Bucks port and Rangor
Rail Road Company ssouiatiaii 10 pay the prlSoi.
pal. or any part thereof. or the interest or any
part thereof OF any of said Bonds, when the same
should b. demanded, after the same ssould have
beeoae du. and payable. and should neglect 10
pay the same for the term OF ninety DAYS alter
said demand, such proceedings might be had for
the purpose of enforcing payment, or OF foreelos
chapter OF the Revised statutes OF the stat. OF
Maine OF auy amendments thereto, heretofore
made, or thereafter to be made,
And whereas the said Corporation has failed 10
pay the interest upon all OF SAID Bonds although
the interest pons were prcsenisd To, and said
interest was demanded of the Treasurer OF said
corporation, after It became due and payable, and
neglected 10 pay the same for the term OF ninety
days aiteT sAid demand
And whereas. an application has been made To
us In the words and ggares following to wit
" 10 Msssrs. kchAr'i T.. Hack and sewati h. sya
Ey. Trustees untier certain .tnorgase made hy
the BueksporL aud Bangor Kali Road COMPANY 10
Trustees dated November 10, ISIS. and recorded
in the Registry Of Deeds tor the COunty Of Han.
cock in the stale OF Maine, Volume ia Payp -
and recorded in the Registry OF Deed. Tor tue
county OF fenObscot ia said state, Volume 40
Faye 49, The understgncti, being holder, OF
Bonds secured by the mortgage aforesaid in the
sums OF amounts, st par. exclusive of interest as
set against our names below respectively which
sums or amounts IN the aggregate exceed one
third OF the whole amount of The bonds secured by
tie mortgage @iorcsaI'i, hereby apply to you 10
have the said mortgage torcgipse according to
law, Dated AT Bueksport in The Counfy of Han
COCK, IN the state 1t Maine, on the twsuty-sixsh