Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-02-19
NOTICE

] q
IN Azariah C. Flagg. and Frederic G. Schu-
chardt, Trustees Of the first Mortgage Of the At
/ lantie and Great Western Rail Road Company.
and John R. Penn. Trustee Of the Mortgage OF
! The Atlantic and Great Western Railway Com
pany (eonsOlidated). of the City Of New York,
/ IN the State of New \ ork, are hereby notified,
/ that Samuel Gurney, John T.. kennard, and
Charles Mozley, Trustees, and James =. Cole
man official LiQuidator Of the Bank Of London,
/ did on the 2sth day Of March. A. D.. 1851, file
/ their petition in the Court Of Common Pleas,
/ within and for the County OF Irumbull, IN the
State of Ohio, against The Atlantic and Great
Western Railway Company, teonsolldatedl,
/ Samuel Marsh, as Trustee Of the first Mortgage
of The Atlantic and Great W eStern hal hoa9
| Marsh, as Trustee Of the second Mortgage OF
! said last named Corporation; Azarlah Q. Flagg,-
/ as Trustee of the first Mortgage OF The Allan
/ tic and Great W estern Rail Road Company of
! Pennsylvania: and the said AZariah G. Flagg,
/ as Trustee of the second Mortgage OF the last
named Corporation James X. Dick. as Irps-
! tee OF the Morteage Of the Eastern Coal Fields
Branch and Extension Of the last named Cor
pOration; Azariah c. Flagg, and Frederic g.
/ of The Atlantic and Great Western Railroad
Company and William ii. URson. as Trustee
I Of the second Mortgage Of the last named Cor
poration; and said William d. gpson,as Trustee
ofthe mortgage Of the Silver Creek Branch Of
said last named Corporation: and Alexander
McAndreW as Trustee of the Mortgage Of the
Buffalo Extension Of The Atlantic and Great
Western Railway Co., j ohm K Penn, as Irus-
tee Of the Mortgage Of The Atlantic and Great
Western Railway Company (consolidated), set
ting forth. among other things, IN substance:
that pursuant to certain acts OF the State Of
New ork, Pennsylvania. and Ohio, consOli-
5aticn into one Corporation Of The Atlantic
and Great Western Rail Road Company in New
York, the Buffalo Extension of The Atlantic
and Great Western Railway Company, The
Atlantic and Great W estern Rail Road Compa-
ny Of Pennsylvania, and The Atlantic and
Great Western Rail Road Company, was duly
efested in October. A. D.. 1855. Said new Cor
poration being The Atlantic and Great w estern
Railway Company tc0nsolidatedl. That BY the
Acts of incorporation and consolidation, II was
1rovide5 thar On such consolidation all the !
rights priv iIesss. franchises. real and personal
property, and chooses in action Of each Of said
corporations should be transferred to, and vest
ed in. and should be the property of such new
Corporation. That pricr TO the formation of
such consolidated Company, there existed Ger /
tain prior Mortgages made BY the Companies
which were thus consolidated. and which Mort |
cages were charges upon sections Of the Rail |
way Of such consolidated Company: That Of
these Mortgages. the said, the Buffalo Exten-
sion Of The Atlantic and Great Western Rail
way Company, had executed Mortgage upon
its Railway TO the defendant, Alexander Nc
Andrews. 10 secure an issue Of bonds to the ex-
tent of two millions Of dollars; and the said.
The Atlantic and Great W estern Rail Road
Company, in New York, had executed two
Mortgages of its Railway and appurteuanees,
to the defendant, Samuel Harsh. as Trustee,
the first to secure an issue Of bonds to the eX-
tent, in all, of enc million Of dollars. The sec
Ond to secure further issue Of bonds to the
I
| the said, The Atlantic and Great Western Rail
way Company Of Pennsylvania. had also exc
cuted two Mortgages upon its Railway and
appendages, to the defendant, Azariah c. Flag.
as Trustee. the first TO secure issue Of bonds,
| to the extent of two millions i've hundred
thousand dollars, and the second to secure an
dollars, and had also executed Mortgage upon
branch Of its said road in Pennsylvania,
kneWn as the Eastern Coal Field Branch, and
Extension lor franklin Braneh). to the defend
I Trk- 1atr rvrNa IN
issue Of bonds to the extent of i've hundred and
twenty eight thousand dollars, and that the
said, The Atlantic and Great Western hall
Road Company. (being the Ohio Ccrp0ratlonl
had also executed two Mortgages upon its Rail
Road and appendages. the first to the defend
ant, Az7riah c. Elagg, and to Charles j. Sted-
man, now deceased, as Trustee. to secure al is
sue Of bonds to the extent Of four millions of
dollars, and the second to the defendant. VIII
liam II. Upson, ,as Trustee,to secure further is
ue Of bonds to theextent OF four millions Of dol
] lars: and had also executed MORTGAGE apon
its branch line In the state Of Ohio. known as
the Silver Creek Coal Branch. to the said upsOn,
extent Of three hundred thousand dollars. all
of which debt and liabilities of said Sectional
Corporation. upon such consolidation, by viz
the of the said acts Of consolidation, attached
TO, and becamethe debts and obligations Of said
consolidated Company, as fully as If the same
had been contracted By II, that there also ex-
listed Mortgage 70 the said defendant flagg,
as Trustee, made by a certain corporation,
known as The Erie and New York City Rail
Road Company, which was a lien on a portion
of the line of said Company IN New York, to
secure bonds to the extent Of fourteen thous-
and dollars; that the said defendant. Frederic
g. Schuchardt, has been substituted as Trustee
Of the said first Mortgageof said Ohio Compa-
pzny. in the stead and place of the said Sted-
man, deceased that on the fifth day Of October,
1865, The Atlantic and Great W eStern Railway
Company, (cOnsolidate6 made and delivered
to the said John r. Penn, as Trustee, MORT
gage Of all the estate and properly, real
personal, and mixed and all fixtures, rights,
privileges, franchises, easements. rights, under
leases. terms and parts Of terms, agreements;
covenants and contracts. Of all and every KIND
held and owned, or occupied by the said, The
Atlantic and Great Western Railway Company
tconso lidated) and more particularly described
in said petition; which said Mortgage was
made TO secure the payment of sixty thousands
bonds made by said last named Company. all
dated the first day of October, ls65, each of
Wb9ch bonds purported that the said. The
Atlantic and Great Western Railway Company
Consolidated. acknowledged itselfto pc indebt-
ted TO the holder thereof. in the sum Of i've hun
dred dollars, lawful money Of the United
States of America, which t promised to pay to
such holder in legal tender coin OF the said
United States. Of the then and sull) present
ling money of the kingdom OF Great Britain
and Ireland). at the rate of four shilings TO the
dollar. at the Office Of the Company, in the city
Of New York. on the fifteenth day of October.
A D., 1880, with interest thereon, payable in
like coin or sterling. at the rate Of seven dollars
for every one hundred dollars by the year. paya-
Bile quarter-ye on the fifteenth days OF anu
ary, April, July. and October. in each year, At
| the ofice Of said Company, in the city OF New
ork, aforesaid, or at Its agency In the city o.
London, on the presentation and dellFery OF
certain warrants provided for the payment OF
the interest said bonds, Zone Tor each install
rnsnt of the interest to aceruel called coupons,
printed on the same paper. with the SAID bonds,
| and being part thereof That il was oeteTmIn-
| ed By the said consolidated Company, and duly
| expressed in the said bonds and Mortgage.
| that such bonds were Intended 10 be ex-
| changed, and should be exchangeable for. ana
| used IN retiring, any of the bonds secured oy
| said sectional land branch Hne) Mortgages then
| issued. that might remain outstanding; that IN
| and by the said Mortgage, and the said bond OF
! such consolidated Company. II was proylaed
| that the said Railway Of the said consolidated
Company was. as TO the part thereof in New
York, subject TO the then existing lien OF SAID
| Mortgage 10 said defendants. Marsh. and Nc
| Andrews; and as to the part thereof in Penn
| syiTania subject to the then existing lien ofSaid
| Mortgages of said Pennsylvania Company TO
the defendants, tlagg, and said DICK and as
then existing Of said Mortgages Of said Ohio
| Company g the defendants, tlagg. and upson;
that SAID Mortgage was duly recorded N the
II several Counties Of the States Of New York,
PennsylY ylYanla and Ohio. through or into which
the said Railway runs, or in which the said
nortgagea property and premises are situated;
l that alter the execution OF sad Mortgage SAID
Atlantic and Great VI esteTn Railway Company
leonsohdated) set apart a portion Of its said
bonds. to the amount Of sixteen million one
hundred and forty-tHO thousand dollars, which
| bonds were deposited IN the hands Of John
GODDARD and Benjamin Moran, in the city Of
London. England, for the sole purpose Of being
bonds. That at the time of the execution of
said consolidated Mortgage, the amount of said