The Republican journal., 1895-12-26
twenty years after the expiration Of the time

limited in the mortgage for the full perfor
nance OF the conditions thereof; he OF they, OF
| any person having freehold estate vested OF
contingent In possession, reversion or re
malnder, in the land originally subject to the
mortgage or in any undivided or any aliquot
part thereof, or any interest therein which
may eventually become freehold estate, o,
| any person who has conveyed such land OF
any such Interest therein with covenants OF
judicial court by petition, setting forth the
facts, and asking for a decree hereinafter
provided; and if after notice to all persons
Interested as provided in section four, nc
evidence is offered Of any payment within said
twenty years or OF any other act Wlthln sara
time, in recognition of its existence as u valiu
mortgage, the court upon hearing may enter a
decree setting forth such facts and Its ind
ings in relation thereto, which decree shall
within thirty days be recorded IN The proper
registry OF deeds and thereafter no action al
law or proceeding in equity shall be brought
by any person 10 enforce TILE under saId
mortgage.
SECT ?. 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, may
join III one petition. Two OF more defects
| arising under different mortgages affecting one
parcel OF land may be set forth in the same
| petition; and in case of a contest the court
shall make such order for separate issues as
may be proper.
SECT B. When the mortgagor of such an
'ndlscharged mortgage and those having his
estate IN the premises have been in uninter-
fupttu possession OF 6ucn ftedI estate IOI tWces-
| ty years from the date thereof and it shall
appear that such mortgage was not given to
secure the payment OF sum OF money OF a
debt, but to secure the mortgagee 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 prejudiced by the discharge of
such mortgage, the mortgagor or those having
his estate in 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
IvlfIn hwy
| the facts and asking for decree as herein
| after provided, and if after notice to all per
sons interested as provided in section four.
and upon hearing 1t 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 decree setting forth the facts
proved and it's findings in relation thereto
which decree shall within thirty days be re-
corded IN the proper registry OF deeds and
thereafter no action proceeding in equity
shall be brought to enforce tiJle under said
mortgage.
SECT, 4. When it is alleged under oath In
the petition that the mortgages or persons
| claiming under them are unknown on hat tlleir
names are unknown, they may be described
generally as claiming by, through 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
lkay be made by personal service of COPS OF
the petition and order OF notice; by pubiiea.
ton for such length OF time ii such neWs
papers or by posting III such public places 4,
the court may GirecJ. OF in any or ali vi these
ways at the discretion OF the court.
SECT Upon tile service Of such notice IN
accordance with the order OF the court. tue
court shall have jurisdiction of all persons
made respondents in the manner above pro
Ni0ee, and shall upon due hearing make slich
decree un0n the petition and as to costs as II
shal deem proper
SECT. q The decree of the court. determin
ing the validity, nature or extent OF any sslun
incumDrance shall be effectual to bal all tlc
respondents from any claim Hereunder coN-
tfary To such determinations ana such decree
SO barring said respondents shai3 have tils
same force and eject ls a release 81 such
claims. executed by the respondents III due
form OF law. The court may, III its discretion,
appoint agents or guardians, ad item, 10 re
present minors or other respondents
Improved March III
Chapter 81.
AN ACT to ursl ze and protect certain proper
| ty ordained for pOus uses, The legal eusto
| dian OF which Is unknoWn.
| Where any property III this state dedicated
ana ordained for plous uses, has no proper OF
| legal custodian, so that it is becoming wasted
and the utility thereof is lost, upon the appii-
cation OF any person or religious society IL
terested in having such property preserved,
and applied TO the uses for which it was nrigi-
nally Intended the attorney general shaal 4.e
bill ID equity, in the nature Of nforma
ton, against such property and all persons
| Interested therein, praying for the appoint
ment of trustees to care fOI such properly and
for the proper application and disposition
thereof, and the court may orlier sueh notice
as seems proper, and may appoint receivers
or trustees therefor, and upon final deeree.
may order the care, custody, sale, application
! OF disposal OF such property as will best serve
| the purposes for which it was originally in
! tended The court may convey Or transfer.
such property to any relig ious body to be held
and applied for the purposes of such trust a.
the court may declare; and it shall have full
power to treat, care for and dispose Of the
| same in furtherance of such pious as may
| seem best suited to the case and situation.
| Improved March Il.
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 gnide for any per
SON or party in killing any game OF fish III vi.
oation of law, shall be he'd equally RESPONSE.
| Bile for such violation of the law, and subject
| to the same penalties. iApproved Mar. A.
| Chapter 50.
| AN ACT to repeal chapter one hundred and
| twelve of the Revised Statutes, relating to
| Recognizances for Debt.
| Chapter one hundred and twelve of the re.
vised statutes OF eighteen hundred aati ei-hty,
| three, relating to recognizances fer debt is
| hereby repe aled. Approved March l..
| Chapter 81.
| AN ACT amendatOry of chapter two hundred
/ and sixty-eight of the Public Laws OF eighteen
| hundred ninety three, entitled SAN act te
| regulate the organization and control oi
| Street Railroads.
| SECT. l. Section six Of chapter two hundred
and sixty eight of the public laws of ei@htaea
| hundred and ninety is hereby amended
by striking out in the forty third ana forty
| fourth lines thereof the words, "subject ID tite
provisions of section nine" Inserting after tbt
word petition" in the forty fourth and Forty
fifth lines thereof the words. appoint a day To-
a hearing thereon, and the petitioners shall give
such notice thereof as said commissioners deem
reasonable and proper. In order that all per
sons interested may have an opportunity Il
appear and object thereto If the board OF ran
road commissioners, after hearing the petition
shall, subject to the provisions OF section nine
approve the proposed location, ana tind tina
public convenience requires the c0nstrucii ion o
such road, substituting cor the words "eneio.'s.
their approval thereon il the forty fifth lima
thereof, the words sit shall endorse its approve
on the petition, and inserting after the word
| aforesaid" in the forty ninth line thereof tn,
words 'and another copy OF the same with th,
board OF railroad commissioners So THAI sal,
section amended, shall read as follows
SECT. 8. Every col poration organized ts,tle
the foregoing provisions before eoinnleneinl
the construction of its road shall presen7 t. III.
railroad commissioners apetitioN forap prcp.i
\ dof:,, ~