New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-09-15

w Texas Railroad Company. CORPORATION Gre
ated by the State Of Alabama BY an act OF the
to incorporate the New Orlea u.s. Noble and Chat
tanooga Railroad Company, approved Nove1a be1
d. 1850, which said corporation was recognized
and approved as body polite and corporate by an
act of the General Assembly OF the State Of Lou.
siana EMIT ed Ian act relative 20 the New Orleans
Mobile and Chattanooga Railroad COMPANY a cor.
pcration of the State Of Alabama anu authOrlzir r
and empowering said company to exercise and
enjoy its corporate powers a1d franchise in the
State of Louisiana" approved August la. 1888 the
name of said company having been subsequent t y
changed by authority OF io.nt resolution OF tn
ed eighteenth April 1871. from the New Orleans
Mobile and Chattanooga Railroad Company TO the
New Orleans: Mobile and Texas Railroad Com.
New Orleans, Mobile aad Chattanooga Railroad
Company" and by virtue of the provisions OF az
act OF the General Assembiy Of the State OF Louisi.
ana, entitled an act TO expedite the construction Of
the railroad Of the New Orleans, Mobile and Chat.
tanooga Railroad Company in the State of Lousi.
ana. approved February l., 1859 execute an linden.
ture on the frs. day Of July in the year 1870 be.
tween it az the Governor of the State OF Louisi.
ana. as trustee, for the purpose Of securing the
payment of the principal and interest OF certain
bonds known as second mortgage bonds of the
New Orleans, Mobile and Chattanooga Railroad
Company, guaranteed by the State of Louisiana,
and for ,Le further purpose of securing the
State OF Louisiana 39 s "a. as g1a.antor Of said
and his SUCCESSORS il office, as .rusteks
the main line of railroad of the said company caa.
SGTuCtei OF To De constructed e tl.dt OF
State OF Louisiana lying west OF the Mississippi
river. The said main line extending from die
point where it shall !ntersect the Mississippi! 1--WE,
opposite the city of New Orleans ward to .he
point where it shall cross the western boundary of
the state OF Louisiana il the parish of Ca,casi4u;
also ali the rights of any road beds and suDerstrtc
tons OF the said line Of railroad and all the other
rights interests aud estates of the said company
in and to the lands occupied by said railroad or
thereafter to be acquired Tor that purpose aud
all depo-a, station houses engine hOii,es Tar
houses, freight houses, storehouses. warehouses
wood houses, sheds. wharves, machine shops re-
pair shops, business offices, ana other Offices shops
and buildings, all engines and tenders, ca-s and
othe- rolling stock, all machinery fixtures,
estate within the State Of LouFsiaua an.
pur.enan 20 Or necessary for the operation of said
main line Of railroad then owned thereafter ac.
ouired o. said company, and aiso all the CORPORATE
franchises and privileges of sat. company granted
By the State of Louisiana relatTs TO the const1uc-
ton operation and use of said main line of raiir6ai
Or any part thereof in said State OF Louisiana and
said indenture pursuance OF the provisions OF said
act, approved February II, 1852 provides that in
case Default shall be made by said com pany in the
payment OF the interest OF said second mor.g gage
bonds. any part OF them, and the same SD ali re-
main in arrears for sixty DAYS after becoming due
and being demanded OF SAID company the pritc-
pa. OF ali the bonds secured BIZ said inderture and
then outstanding shall upon TIE expiration Of said
sixty DAYS become due and PAL able and in case Of
such default it ahall be lawful for the Governor Of
Louisiana AID his successors in Office personally
OF by attorney. or attorneys or agents, or
that purpose by the Governor aforesaid and his
successors IN Office to sell and dispose of all
and singular the property and franc discs before
mentioned. and more particularly Gescri bed in
said lndenture at public auction. at such time and
place in the city of New York o. in the city Of
New Orleans "a the said Governor and his Eucees
sors in office may designate and appoint. having
first given notice of the me and plaza Of aae bF
advertisement, published not less thaa six weeks
inmed ately prior to the time designated for such
sale, in ore or more Of the daily newspapers pub.
Ished IN each Of said cities OF Ne York and New
Orleans, ana in each and every issue OF said daily
newspapers. And the said Governor or his Auc.
cessors in ONCE is on the com pIetOn of such Iale
authorized by said indeE ture to make q con ray.
ance OF the property so sold TO the purchaser and
the sa!a indenture further empowers the sale OF
sad property real and personal. and the franchise
aforesaid in such portions the SAID Governor or
his successor n Office may deem advisable, having
just reference to the rights and Interests OF ali
parties to De Affected thereby, and duly observing
the laws OF the STATE of Louisiana aCd ths pro
visions Of said indenture il reference thereto.
Alt the said i3denture further provides. that in
making such sale. reference shall be had to the
provisions of the third and thirteenth sections Of
the said act OF the General Assembly Of the state
of Louisiana approved February II, 1869. which
erty shall appertan TO that portion OF the main
me of railroad which shall have been constructed
upon each mile thereof, and shall be deemed pro.
eeeds of the Completed portion of the road, and
that sale may De made OF sad railroad subject TO
the lien of the first mortgage aud accrued interest
thereon, mentioned II said act which is mort.
gage TO secure honda 70 the extent OF Sl25W
and accrued interest thereon per n:Is; s.,.
whereas, said inden-ure OF second mortgage
IL compliance with terms OF said ac1 o.
The General Assembly, approved February Il,
1863. was duly recorded N the Office of tie
Secretary o: State OF the State of louisiana;
and whereas, said company has issued bonEs Of
1000 each dated July l. 1870, PAYABLE On the first
OF July, il the year 1915, with eight per cent inter.
est per aunu:n. payable semaclual.y. on the first
day o: January and July o. each year said Inter.
est being represented by coupons OF & ~ each an.
nexed to SAID bonds ard said bonds have been
guaranteed by the State of Louisiana in tie man.
ner and in accordance with the provisions OF SAID
ycS ISrr
said company has made default II thu payment OF
the interest on said bonds guaranteed and said
interest has remained in arrears aad unpaid by the
SAID company more than sixty days after the Same
became due aid was demanded OF said com ;any;
and whereas, said default has continued up to the
present time. Now, therefore, by virtue of the
power and authority in me vested by said act of
the General Assembly, approved seventeenth of
February. 1862, and said indenture OF mortgage,
dated July !. 1870. and as trustee Under
said &C. and SAID indenture of mortgage
vii! proceed. through c. E. GirarIey. aud ton.
designate as nv agent, and attorney for that pur.
pose 20 sci! saiu main line of railroad. its franchise
and appcTtenances, hereiaoefors mentioned and
for cash. a. twelve O'Clock NJ. at the St. Charles
Auction Exchange, in the Rotunda of tn. IT.
Charles Hote. IN the cit. OF View Orleans, Oh WED.
tons and subject to the lien of the FIST mortgage
which IS a lien securing first mortgage, oonded 10
The exit mt of SIP per Mile, and the purchaser
/. we'll understood, is to take the property audi
Gated subject to said inCum5rances. and rhe bid
whGl. he makes VII be coaside:ed bid tor SC
mich over ana above said inc,iru oIance. and the
entire amount bid is to be paid in cash without
any deduction whatever.
The main line OF railroad TO be sold commences
at the point Westwego, opposite the city Of New
Orleans, Oh the west bank Of the Mississippi t:vec
ard extends westward toward AID to the point
where it lntersects and crosses the western
boundary OF the State OF LOUISIANA n the lari.l.
OF Calcasieu, by virtue of the prov:s OF SAL.
of the General Assembly OF the STATE Of Lol...
ana. approved seventeenth February, 1854 the
rolling stock anc personal property IS appDrti01ed
"a that portion Of the road competed aad II opera
ton
The safe will oe made in sections. as follows:
Section /. From the point WestHe.O, opposite
the city of New Orleans, OF the west bank bf the
Mississippi river to a distance of seventy miles
AID embraces all the nam line OF road completed
and in operation and IN this section is incudet al
tie rolling stock, cars. engines and personal prop
erty Of the company attached TO the whole of said
main line of road.
Section ,. AL the risa-, lite and interest that
tie State OF Louisiana NAV have IN and 10 the
property lying between a po.a- distant seventy
miles from the point Westveso an. tae sabine
river.
acquires al the rights of war. roai, beds,
and superstcuctures, and all other rights in.
terests and estates O. the company IN ana
braced within the territorial limits u the sec.
tons, and also al depots, stationhOuses. engine
0. carEouses, wsOdhOuses, fret ht s.9reh ouses
warehouses, sheds. whar7es, machine shops.
sdings. repair shops business Or other Offices,
shops aad buildings situated within the limits OF
edc1 stC"iOA IospoCtiFolys dlSO Inc COTifDr1Lt
franchises and privileges granted by the Sta.e o.
Louisiana II respect TO the constructive opera
tons. and OF said main line Of road. are ac.
.j;:red by the respective purchasers OF each sec
tion, 50 fr as ,4ey ART applicable to the see:ons
purchased.
WILLIAM P. KELLOGG.
Governor and Trustee.
c. z. GIEARDE.
Auc.ionees and agent designate. 80 make sac
aul6 5w
GOVERNMENT. SALE.