Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-07-06
ABSTRACT OF PETITION

ABSTRACT OF PETITION
In the above entitled cause said VIII
nam J. Hayes in behalf OF all the bond
holders and hcneficilries under a certain
hrSt mortgage made by said railroad
company dated oct. |. 1885. represents:
That said Mcrchantile Trust Company
- trustee under said first mortgage:
That said Hayes is principal beneficiary
and hnndhpld.r hereunder That said
railroad has never been completed to the
village Of harmony as originally intend
ed, nor even TO ana across Main stream
50 called, adjoining said Harmony. that
II Is only completed To warrant the reg
ular operation Of trains 10 the village of
liaftland but that large amount of
money has been expended between said
llartlnd and Harmony and unless il can
d" completed ana equipped to some 1,ruD-
er terminal on the western side of Main
stream Or IN the village Of Hartland said
practical loss: that said proposed com
pletion will make the now unfinished
part useful for business ana largely in
crease the business and profits of the line
between f'ittsiield ana llartland: that
there Is also needed the expenditure OF
considerable sums upon the line between
PlttSiied and Harmony; that as near as
can be estimated the expenditure Of not
exceeding $1,000 will bc necessary for
the several purposes aforesaid: that said
railroad is i'll charge of Alvin T.. Thomp-
son, temporary receiver. ana the net rev
cnucS from the operation of said road
SINCE his appointment have been more
IMAM absorbed by expenditures author
lZed by TINS court ana no funds can he
obtained from the operation Of said road
Tor the foregoing purposes: that the pc
titioncr has reliable assurances that rc-
sponsihlr parties will advance the money
needed II the court will authorize re-
CelNcrS certificates therefor: that hV de-
cree Of this court the rights Of rcdemp-
non under said first mortgage have been
ordered iorecloscd said foreclosure hay
ing begun IL run MAY H. 1900
"a ara
under such safeguards ana restrictions
anu the court thinks proper empowering
Sald receiver or his successor to caust,
reasonable expenditures to be made fer
the purposes aforesaid and ir issue re-
ceiNers certificates to such parties rs;
snail advance tn" needed capital said
certificates 70 be III such form and upon
such time. terms ana interest as IN.
court may direct and to he received ana
accepted IN full payment of capital ad
Nanccd and work done under such de-
cree at such valuation as the court may
IN, and further that said certificate.
when issued shall constitute a first lien
or charge against all the property and
assets of said railroad now existing or to
be putt by virtue of this petition and
that said certificates shall take prece-
dcnce of the lien now existing under said
first mortgage.
Dated July I'd. 1900.
(Signed WIN i HAYES
BY Orville Dewey Baker. His ATTY.
STATE OF MAINE.
SOMERSET. IS. Supreme Judicial Court.
in Equity. July ID, 1900.
On the foregoing petition it is ordered.
that a hearing be had thereon at the
court house in Augusta in the county ~
* ennebec on Monday. the ninth dav OF
July, 1900. at o'clock in the forenoon,
and that notice of the tendency thereof
ana OF sad hearing thereon he given to
all persons interested in the subject mat
ter thereof by publishing an abstract of
said petition together with copy of this
order thereon in the Daily Kennebec
Journal of July 4, July 9th and July 7th.
1900. that they may appear and show
cause II any they have why the PRAYER
OF said petition should not be granted.
WM. T.. WHITEHOUSE
Justice Sup. Jud Court
= true copy of order and abstract of
petition. "
Attest: WIN. Z. WHlTEHOUSE.
d, julyi,6&7 ~ o. y