Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-05-09

To the Honorable Justice of the supreme ,Indcis
Court sitting in and for the county Of tunber
land on the second tuesday Of April, \. II. Isl!
Respectfully represents the Maine Central Eail
road Company corporation established by law
aud having its principal Office at Portland In saiC
county of Cumberland, as follows
l. That the ktnnebec and Portland Railroad
Company was chartered Aprii /, i-tBd, for the pur
pose of constructing railroad from Augusta Il
Portland;
=. flia, tliefeaftcrwartls said railroad compan,
did construct railroad from Augusta to Portland
as provided in its charter;
3. That on the fifteenth day Of October, A. u
l>l3, sad company mortsaSed 1t. said railroad Il
Joseph Nchpen. Marshal :. Hagar and .Iolr
Patton trustees, 10 secure bonds issued by il bear
ing the same date, to the amount of two hundred
and hty thousand dollars, subject, however, II
several previous mortgages.
l. That tbereafteFwards there was II breach OF
the conditions OF said mortgage, and in conss
putncr thereof proceedings for foreclosure OF sale
mortgage were commenced and such proceeding
had that the foreclosure OF said mortgage heeom,
absolute on the eighteenth day of May, A. ID. lsi9
> That ON the twentieth day Of May, \. u
i>be, under the statutes of the state, the holder
Of the bonds secured by said mortgage organize
a new corporation under the name OF the Portlan,
and kennebrc Railroad Company, and by virtue o.
said foreclosure and Of the statutes of the State il
sncl cases made and provided, said Portland
and kcunehec Railroad Company succeeded TO al
the rights, powers and privileges of said henne
bee and Portland HaiIroad Company and becom'
/ the owner of said railroad subject TO the prio
existing mortgage
q. That on the first day of April, A. u. isthJ
said Portland and kcnnebec Railroad tompan,
morigaged its said railroad to Artemas Libbey Of
Augusta, James 1. fatten of Bath. and William
l.. Putnam of Portland, Trustees, to an issu,
of bonds bearing the same date, to the anonnt o.
one million FIVE hundred thousand dollars payabl,
IN thlrty years from their date;
!. That part of the bonds thus created wert
issued to vii, to the amount nf one million On,
hundred sixty-iN Thousand and seven hundrrt
dollars which laid bonds arc nov outsfnndip.
M Npf nae al fJr
= That On the sixteenth day of November, A
y. l-'t ny virtue nj an act approved February NJ
ls73, the said Portland and kcnncbec Ralroat
Company became consolidated into said Maine
CENTRAL Railroad Company, whereby said Main,
Central Railroad Company succeeded 10 all the
rights, property and franchises of said Portland
and hennebcc Railroad Company, and is still pos
scs-cd thereof. and has also succeeded TO all tn,
liabilities, duties and obligations Of said Portland
and hennebee Railroad Company including th'
payment of the bonds issued rs aiuTesiid,
. That since the making of said mortgage h!
said Portland and henncbcc Railroad COMPANY
said James T. Fattcn has deceased before full,
executing said trust
10. That said Maine Central Railroad Conlpan,
IS intercstc, {" have said trust administered
according 10 il terms and the provisions of law.
Wherefore -uid Maine Central Railroad Com
pany pTays that Trustee may br appointed in th'
place of said James r. Patten to finish the
ton Of said trust.
Dated this twenty ninth day Of April A, u. ls!'2
MAINE tk>fRNI. RAILROAD COMPANY,
BY DRrMNoNb DEUFIoND, It's Ati0ruevs.
STATE or MAINE, Cumberland, ss.--M the Su
preIne Judicial Court. begun and held NJ Port
land within and for said county of Cumberland
on the second tuesday Of April, Ammo DpWIini
l-rl
pom the foregoing petition, Ordered, That tn
petitioner give public notice thereof, by publish
ing an attestcd copy of said petition and of thi
order of Court thereon, . week for thre'
weeks successfully In the Daily kennebec JoIR
NtI., newspaper printed in Augusta in ih'
county Of henuebec the last Of said publication
he thirty least before fifp sDcguu Iup-
day of October, \. d. ls!t., that Hl person, inter
ested may then and there in our said Court app"a
and show catsf, If any they have Why the prHvei
of said petitioner should not be granted.
Attest: Il. {. SroNE, Clerk.
\ true copy Of Petition and Order Of tour
thereon Attest: Il. G.. STONE. Clerk.