Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-01-29
New Advertisements.


NOTICE
IN AzarishC {. FIagg, and Frederic G.. Schu-
chardt' Trustees Of the fust Mortgage Of the At
lantie ld Great Western Rail Road Company,
and John X. Penn, Trustees Of the MORTGAGE OF
The Atlantic and Great Western Railway Com
pany (eOnsOlid9tedl, of the City Of New York
In the State Of New York, are hereby notified,
that samuel Quincy, John p. Kennard. and
Charles Motley, Trustees, aud James E.. Cole
man. Official Llquidator Of the Bank ofLOndon,
did on the zSth day Of March. A-D., 1861. hls
their petition in the Court Of Common Pleas,
within and for the County Of rrumbull. in the
State OF Ohio, against The Atlantic and Great
samuel Marsh. as Trustee 81 the first Mortgage
Of The Atlantic and Great Western Rail Road
COMPANY, IN New YORK. and the sIid Samuel
Marsh. IS Trustee Of the second Mortgage of
said last named Corporation; AZarigh c. Flagg,
as Trustee Of the first Mortgage Of The Allan
tic and Great Nestern Rail Road Company Of
Pennsylvania; and the said Azzriah @. Ela-c.
as Trustee Of the second Mortgage Of the last
named Corporation ; james R. Dick. as Trus-
tee Of the Mortgage Of the Eastern Coal Fields
Branch and Extension Of tn. last named Cor
poration; AZariah G.. Flag, and Frederic G..
Schuehardt. as Trustees of the first MORTGAGE
Company aud William H.. Epson. as Trustee
Of the second Mortgage of the last named Cor
poration; and said William 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 +. Penn. as Trus-
tee Ofthe Mortga2e Of he 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 York, Pennsylvania. and 0hiO, q ~cOnsOli-
dation into one Corporation Of The Atlantic
aud Great Western Rail Road COmpanyin New
York, the Buffalo Extension of The Atlantic
and Great Western Railway Company. The
4 HfUnHna UnI EEanH Wau#m-n H-eN Da~l n-wmnm-
ny of Pennsylvania, and The Atlantic and
Great Western Rail Road Company, was duly
eieeted N October. a. D.. 1865. Said new Cor
poration being The Atlantic and treat Western
Railway Company (eonsOlidated). That By the
Acts Of incorporation and consolidation. it was
provided that on such consolidation all the
rights. privileges, 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 prior 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 BghalO B1ten-
sion Of The Atlantic and Great Western Rail-
way Company, had executed q Mortgage upon
its Railway to 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 its Railway and appurtenances,
to the defendant, Samuel Marsh. as Trustee,
the first to secure an issue Of bonds to the ex-
tent. in all. Of one million of dollars. Thu sec
ond to secure a 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
cuted two MOrtgages upon its Railway and
.appendages, to the defendant. Azariah G. Flagg,
as Trustee. the first to secure an issue of bonds,
to the extent OF two millions five hundred
dnlInra and the aanapI 20 e-.u-. -
of bonds. to the extent of one million of
dollars, and had also executed a MOrtgageuDon
a branch Of its said road in Pennsylvania,
known as the Eastern Coal Field Branch. and
Extension Tor Franklin Branchj. tot defend-
ant John r. Dick. as Trustee. to secure an
OF bonds to the extent Of five hundred and
twenty-eight thousand ,dolla-s. and that the
said. The Atlantic and Great Western Rail
Road Company. being the Ohio Corporation)
had also executed two Mortgages upon its Rail
Road and appendices. the first to the defend
ant. Azariah G. Flagg. and to Charles ]. Sted-
now deceased. as Trustee, to secure an IS
sue Of bonds to the extent of four millions Of
dollars. and the second to the defendant. Will
liam II. Upson, as Trustee,to secure q 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,
rs Trustee, TO secure an issue Of bonds to the
Of three hundred thousand dollars, all
Of which debt and liabilities Of said Sectional
upon such consolidation, by viz
tue Of the said acts of consolidation, attached
and became the debts and obligations Of said
consolidated Company. as fully as if the same
had been contracted By it. that there also ex-
Isted a Mortgage to the said defendant Flagg,
Is Trustee, made by a certain corporation,
Known as The Erie and New York City Rail
Road Company. which was a lien on a portion
1f the line Of said Company in New York. to
;ecure bonds TO the extent Of fourteen thous-
md dollars; that the said defendant. Frederic
J. Schuchardt, has been substituted a. Trustee
g the said GRaf MnrNrana AZ aafd 0TFo no,nna-
Dany. in the stead and place Of the said Sted-
nan, deceased that on the fifth day Of October.
1865, The Atlantic and Great Western Railway
Company, (eonsohdateO made and delivered
% the said John K Penn, as Trustee. a Mort
,ase 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,
leld and owned. OF occupied By the said, The
Atlantic and Great Western Railway Company
consolidated and more particularly described
4 said petition; which said Mortgage was
lOnds "a By said last named Company. all
the first day Of October, 1865. each Ct
Ehich bonds Durported that tho said. The
Atlantic and Great We.tern Railway COmpauy
cons0lidatedl. Acknowledged itselftO be indeot-
ed 10 the holder thereof. in the sum Of i've hun
lred dollars, lawful money Of tho United
states of America, which t promised to pay to
uch holder IN legal tender coin OF the said
United States, Of the then and stilD present
tandsrd value. or in sterling (meaning stear-
ing money OF the kingdom of Great Britain
nd Ireland, at the rate Of four shlllinEs tothe
.oliar. az 1.-THE ONCE Of the Company, IN the city
f New York. on theffteenth day Of October,
\. D.. 1880, with int4fest thereon, payable in
ike coin or sterling. at the rate Of seven dollars
lie quarteT-yearty on the fifteenth days Of
~, April, July, and October, in each year, At
he oHce Of said Company, in the city OF New
,ork, aforesaid, or at its agency in the city Of
ertain warrants provided for the payment Of
ho interest on said bonds, Zone FOR each install
lent Of the interests accrue) called coupons,
rinted on the same paper. with the said bonds
nd being part thereof. That it was determin-
d by the said consolidated Company, and duly
expressed IN. the said bonds and Mortgage.
nat such honds were intended to be ex-
hanged, and should be e~xehangeable for, and
sed IN retiring. any Of the bonds secured By
aid sectional land branch lins) MORTGAGES then
sued. that might remain outstanding; that In
nd by the said Mortgage. aud the said bond Of
UGH consolidated Company. 1t was provided
nat the said Railway Of the said consolidated
was, as to the part thereof in New
.ork. subject to tho then existing lien Of said
to said defendants. Marsh. and Nc
-rdreTs and as to the part thereof in Penn
glvania, subject to the then existing lien Ofsaid
lertgages OF said Pennsylvania Company to
le defendants, klagg. AID said Dick /; and as
the part thereof in Ohio, subject to the lien
len existing Of said Mortgsges Of said Ohio
A4E1L ~ AAQ ALAELA4ANEH lac ~ 6EaLAH I
lat said Mortgage was duly recorded N the
.veral COUNTIES Of the States Of New York,
ennsylyania and ohio. through or into which
lie said Railway runs, or in which the said
Iortsaged property AID premises are situated
lat after the execution of said Mortgage said
,lantie and Great Western Railway Company
set apart q portion e. 1S said
0nds. 10 the amount Of sixteen million one
and foFty-tWO thousand dollars, which i ;
1nds were deposited in the hands Of John
and BENJAMIN Moran, in the city Of
ondon. England, for the sole purpose Of being
rehanged, dollar for dollar. for said sectional
)nds. That at the time Of the execution Of !
id consolidated MOrtgage, the amount Of said
etiOnal bonds outstanding was somewhat less
the total issue Of bonds secured BY said
ctional Mortgages. That since that time ex-
ianges Of sectional for consolidated bonds
I'VE been made to the amount OF about three
illiOn 1--WE hundred and tWenty-One thousand
< hundred dollars; that AFTER the execution Of {
id Mortgage. the said Atlantis and Great !
.estern Railway Company lep~nsOlidatedl, also :
iued and delivered its said bonds numbered I
ON number one TO number twelve thousand. /
tn nUmbsrs inclusive, TO divers and numer- :
IS persons who advanced to the said corpora :
N the moneythereupOn. according 70 the pur- j
ses EXPRESSED in said Mortgage, and that said o
ulz have enme TO the hands Of numerous Z