The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-02-28

nance OF the conditions thereof; he or they, or
any person having freehold estate, vested or
contingent III possession, reverslon or re-
maindcr IN the land originally subject TO the
mortgage OF in any undivided OF any allquot
part bncfeof, or amy interest therein winch
may eventually become u freenOli estate, or
any person who has conveyed such land or
any such interest therein with covenants of
tlGle or warranty, may apply to the supreme
judicial court by petition, setting 1orIh the
facts, and asking for II decree as hereinafter
provided; and if after notlce TO AL persons
interested as provided in section four, no
evidence is offered of any payment within said
twenty wears or of any other act within said
time, in recognition of its existence us II valid
mortgage, the court upon hearing may enter q
decree setting forth such facts and It's ind
ings in relation thereto, which decree shall
within thirty days be recorded in the proper
registry of deeds and thereafter no action at
law or proceeding in equity snail be brought
by any person To enforce title under said
mortgage.
SEcr. >. Any two or more persons owning
in severality different portions or different
interests of the character above described in
the whole or in different portions thereof NAV
join in one petition. Two or more defects
Arising under different mortgages affecting one
parcel of land may be set forth in the same
petition; and in case of q contest the court
shall make such order for separate issues as
SECT 5. when the mortgagor of such an
undischarged mortgage and those having his
estate in the premises have been in uninter-
rupted possession OF such real estate for TWEEN
ty years from the date thereof, and it shall
appear that such mortgage was not given to
secure the payment OF a sum of money or a
debt but to secure the mortgage against some
contingent liability assumed or undertaken by
him, and that such conditional liability has
ceased to exist and that the interests of no per-
son will be preiudiced by the discharge of
such mortgage, the mortgagor or those having
his estate i'll the premises, or any of the per-
sons to whom a similar remedy is granted in
section one of this act may apply to the SUI
preme judicial court by petition setting forth
the facts and asking for a decree as herein
after provided; and if after notice to all per-
sons Interested as provided in section four,
and upon hearing it shall appear that the
liability on account of which such mortgage
was given has ceased to exist and that such
mortgage ought to be discharged, the court
may enter a decree setting forth the facts
proved and its findings in relation thereto,
which decree shall within thirty days be re-
corded in the proper registry of deeds and
thereafter no action or proceeding in equity
shall be brought to enforce a title under said
mortgage.
SECT A. When it is alleged under oath in
the petition that the mortgages or persons
claiming under them are unknown or that their
names are unknown, they may be described
generally as claiming by, through or under
some person or persons named in the petition.
Personal service by copy OF the petition and
order of notice shall be made upon all such re-
spondents residing in the state fourteen days
before the return day; and upon all such re-
spondents residing out of the state, service
May be made by personal service of copy of
the petition and order of notice; by publica-
ton for such length of time, in such news
papers or by posting in such public places as
the court may direct; or in any or all OF these
ways at the discretion of the court.
SECT 5 Upon the service of such notice in
accordance with the order of the court the
court shall have jurisdiction of all persons
made respondents in the manner above pro-
vided, and shall upon due hearing make such
decree upon the petition and as to costs as it
shall deem proper.
SECT. The decree of the court, determin-
ing the validity, nature or extent of any such
incumbrance shall be efectual to bar all the
respondents from any claim hereunder con
trary to such determination, and such decree
so barring said respondents shall have the
claims, executed by the. respondents in due
form of law. The court may, in its discretion,
appoint agents OF guardians, ad Item, to re-
present minors OF other respondents.
Approved March 12x}
Chapter 81.
AN ACT to ietlize and protect certain proper
ty ordained for pious uses, the legal custo-
dian of which is unknown.
Where any property in this state dedicated
and ordained for pious uses has no proper OF
legal custodian, so that it is becoming wasted
and the utility thereof is lost, upon the appli-
cation Of any person or religious society in
terested in having such property preserved
and applied to the uses for which it was origi-
nally intended, the attorney general shall file
bill in equity, in the nature of an informa-
interested therein, praying for the appoint
ment of trustees to care for such property and
for the proper application and disposition
thereof, and the court may order such notice
as seems proper, and may appoint receivers
Or trustees therefor, and upon final decree,
may order the care, custody, SALE application
| or disposal of such property as will best serve
the purposes for which it was originally in.
| tended. The court may convey or transfer
such properly to any religious body to be held
| and applied for the purposes of such trust as
4 danl9rp. fr1l1
| power to treat, care for and dispose of the
same in furtherance of such pious uses as may
seem best suited to the case and situation.
| approved March II.
| Chapter So.
AN ACT additional to the Public Laws of the
| State of Maine, relating to the illegal killing
of Fish and Game.
That any person acting as guide for any per
son or party who shall assist or aid such per
son or party in killing any game or fish in vi
olation of law, shall be held equally response
| Bile for such violation of the law, and subject
to the same penalties. Approved Mar. II
Chapter 80.
AN ACT to repeal chapter one hundred ant
twelve of the Revised Statutes, relating tt
| Recognlzances for Debt.
Chapter one hundred and twelve of the re
vised statutes OF eighteen hundred and eighty
three, relating to recognizances for debt, il
hereby repealed. Approved March l2.l
Chapter "a.
AN ACT amendatory of chapter two hundre'
and sixty ght of the Public Laws of eighteen
hundred ninety three, entitled can Act t.
regulate the organization and control O
Street Railroads.
SECT. l. Section six of chapter two hundre
and sixty-eight of the public laws of eightee
hundred and ninety three is hereby amende
by striking out in the forty third ana forty
| fourth lines thereof the words 'subject to tn
provisions of section nine,'' inserting after tn
word petition in the forty fourth and forty
| fifth lines thereof the words, appoint a day TO
| a hearing thereon, and the petitioners shall Civ
such notice thereofas said commissioners deer
reasonable and proper, in order that all pei
sons interested may have an opportunity I
appear and object thereto. If the board OF raj
road commissioners after hearing the petition
shall, subject to the provisions OF section nine
approve the proposed location, and find tina
public convenience requires the construction @
suchroad, Substituting tor the words, "endors
their approval thereon in the forty fifth lin
thereof, the words lit shall endorse its approve
on the petition, ana inserting after the WORD
| s'aforesaid' in the forty ninth line thereof tn
words and another copy OF the same with tn
| board OF railroad commissioners so that sal
| section as amended, shall read as follows:
| SECT. 6. Every corporation organized unde
the foregoing provisions before commencin
the construction of its road shall present to tn
railroad commissioners a petition for approve
of location, defining its courses, distances an
| boundaries, accompanied with 81 map of til
proposed route an appropriate scale wit
| tha val of he