Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-03-04


Having been engaged IN the business 70
many years we have unusual facilities for pro
moting .he interests of our customers. AL or
~'-9 y ----- 7. j. M'LAIN& L SON. Bankers
NoT.27. 1S67-6m Warren, UhiO
NOTICE
~ AzariahC. Flagg, and Frederic G. Sehu-
chardt. Trustees of the first Mortgage Of the At
lautic and Great Western Rail Road Company
and John r. Penn. Trustee Of the Mortgage @
The Atlantic and Great Western Railway Com
pany (consolidated) Of the City of New Yorf
in the State Of New York. are hereby notified
that Samuel Gurney, John ?. kennard. anC
Charles Motley, Trustees and James E Cole
did on the 2Sth day Of March. A. D., 1867. hls
their petition in the Court Of Common Pleas
within and for the County Of Irum bull IN the
State Of Ohio, against The Atlantic and Greal
Western Railway Company. (eonsohdated)
Samuel Marsh, as Trustee Of the first Mortgage
Of Tie Atlantic and Crest Western Rail Road
Company, IN New York. and the said Samuel
Marsh as Trustee of the second Mortgage oi
aid last named CORPORATION; Azariah c. Flagg,
as Trustee Of the first Mortgage of The Atlan-
tic and Great Western Rail Road Company oi
Pennsylvania; and the said Azariah 9. Flagg.
as Trustee Of the second Mortgage OF the last
named Corporation james 4. Dick, as Trus-
tee Of the Mortgage of the Eastern 0sal Fields
Branch and Extension Of the last named Cor
poration; Azariah G. Flags, and Frederic G..
Sehuchardt, as Trustees Of the hrst Mortgage
Of The Atlantic and Great Western Railroad
COMPANY and William II. UPson. as Trustee
of the second Mortgage of the last named Cor
pOration; and said " lillian II. UpSon.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., John R. Penn. rs Trus-
tee Of the Mortgase of The Atlantic and Great
" erfer, RoiIvV.v Cornn4uv fconenlidatedl SET
ting forth. among other things. IN substance,
that pursuant to certain acts OF the State Of
New ork, Pennsylvania, and Ohio, cons0l-
dation 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 Western Rail Road Compa-
ny of Pennsylvania. and The Atlantic and
Great Western Rail Road Company, was duly
efested in October. A. D.. 1865. Said new Cor
poration being The Atlantic and Great Western
Railway Company lconEOl dated. That by the
Acts Of incorporation and consolidation, II was
provided that on such consolidation all the
rights. privileges, franchises. real and personal
and choses in action Of each Of said
should be transferred TO, and vest
ed in, and should be the property Of such new
Corporation. That prior to the formation of
such consolidated Company, there existed GER
tain prior Mortgages made hy the Companies
which were thus consolidated. and which Mort
cages were charges upon sections Of the Rail
Esy 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 a Mortgage upon
IL Railway 70 the defendant, Alexander Nc
Andrews, TO secure an issue Of bonds to the ex-
tent of two millions OF dollars; and the said,
The Atlantic and Great Western Rail Road
Company, in New York, had executed two
Mortgages Of us kallEay ana appurtenanees,
the first to secure an issue Of bonds to the ex-
tent, in all, Of one million Of dollars. The sec
ond to secure q further issue Of bonds to the
extent of eight hundred thousand dollars That
the said, The Atlantic and Great Western Rail-
way Company of Pennsylvania. had also exc
euted two Mortgages upon its Railway and
appendages. to the defendant. AEariah c. Flag.
Is Trustee, the first 70 secure an issue Of bonds.
10 the extent of two millions five hundred
thousand dollars, and the second to secure an
issue Of bonds, TO the extent Of one million Of
dollars, and had also executed a Mortgage non
! branch Of its said road in Pennsyh Lia,
Iznown as the Eastern Coal Field Branch, and
Extension Tor Franklin Braneh). to the defend
ant John 4. Dick. as Trustee, to secure an
issue of bonds TO the extent Of nTe hundred and
twenty eight thousand dollars, and that the
said. The Atlantic and Great Western Rail
Road Company, (being the Ohio Corporstionl
had also executed two Mortgages upon its Rail
Road and appendages, the first to the defend
ant, Azariah G. tlagE, and TO Charles ]. 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
ne of bonds to the extent Of four millions of dol
lars; and had also executed q Mortgage upon
its branch line in the State of Ohio. known as
the Silver Creek Coal Branch. TO the said UpsOn.
as Trustee. 10 secure an issue Of bonds TO the
extent of three hundred thousand dollars, all
Of which debt and liabilities Of said Sectional
Corporation. upon such consolidation, BY vir-
tue Of the said acts Of consolidation attached
to, and became the debts and obligations Of said
Company. as fully as If the same
had been contracted hy It., that there als3 ex-
listed Mortgage to the said defendant Flag,
as Trustee, made by certain corporation,
known as the Erie and New York Cry Rail
Road Company, which was lien on portion
secure bonds to the extent Of fourteen thous-
and dollars; that the said defendant, Frederic
3. Schuchardt, has been substituted as Trustee
1f the said first Mortgage Of said Ohio Compa-
ran, deceased that on the fifth day Of October.
S65. Ths Atlantic and Great Western Railway
Company, (consolidated) made and delivered
% the said John r. Penn, as Trustee. Mort
yage Of all the estate and property, real
personal, and mixed and all fixtures, rights
privileges, franchises, easements, rights. under
eases, 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 W estern Railway Company
and more particularly described
IN said petition; which said Mortgage was
made to secure the payment ofeIxty thousands
ponds made by said last named Company, all
lated the first day Of October, 1855, each Of
which bonds purported that the said. The
Atlantic and Great Western Railway Company
acknowledged itselfto BE indebt-
ted to the holder thereof. In the sum olive hun
1red dollars, lawful money Of the United
States of America, which { promised to pay to
zach holder in legal tender coin Of the said
United States. Of the (then and stilD present
standard value. or in sterling (neaning stear-
ing money Of the kingdom OF Great Britain
md Ireland), AZ thera Of four shillings to the
iollar, at the offiee of the Company, in the city
If New York. on the fifteenth day Of October,
A. D.. 1890, with interest thereon, payable IN
Ike coin or sterling at the rate Of seven dollars
or every one hundred dollars by the year. payR-
Die qusrter-yearly, on the fifteenth days Of Janu-
lry, April. July, and October, in each year, st
the othce Of said Company, in the city Of new
ork. Aforesaid, or at its agency In the city o.
London, on the presentation and delivery Of
certain warrants provided for the payment Of
the interest on said bonds, lone for each install
mento Of the interest 70 accrue) called coupons
printed on the same paper. with the SAID bondss
and being part thereof That il was determin-
ed By the said consolidated Company, and duly
expressed in the said bonds and Mortgage.
that such bonds were intended to be ex-
changed, and should be exchangeaole for. ana
used IN retiring, any Of the bonds secured by
said sectional (and 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 provided
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
sylvania, subject to the then existing lien ofsaid
mortgages Of said PennsylYanis Company TO
the defendants, klAgg. and said Dick and as
10 the part thereofi in Ohio, subject TO the lien
then existing Of said lIUrtgsges Of said Ohio
Company 70 the defendants, Rlagg. and Epson;
that said Mortgage was duly recorded in the
several Counties Of the States. Of New York,
Penniylysnis and Ohio, through or into which
the said Railway runs, or in which the said
mortgaged property and premises are situated
that after the execution Of said Mortgage said
Atlantic and Great Western Railway Company
lconsohdated) set apart q portion of its said
bonds TO the amount Of sixteen million one
hundred and forty-tWo 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
exchanged dollar for dollar, for said sectional
bonds. That at the time Of the execution of
said consolidated Mortgage. the amount Of ssid
sectional bonds outstanding was somewhat less
than the total issue Of bonds secured by said