New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-27
AUCTION SALE.
Trustees Sale OF the Main Line of the
New Orleans. Mobile and Texas Rail.
road, West of the Mississippi River,
and its Appearances and Franchise

| act OF the General Assembly of the State of Lou
isiana entitled ian act relative to the New Orleans
Mobile and Chattanooga Railroad Company cor
poration of the State of Alabama, ana authoflzhg
| and empowering said company to exercise ana
enjoy it's corporate powers and franchise IN inc
state of Louisiana" approved August 49, 1853, the
name of said company having been subsequeL ny
changed by authority OF lolnt resoiutleh 0! lne
General Assembly Of the State OF Louisiana approx
| ed eighteenth April 1871, from the New Orleans,
Mobile and Chat tanoOsa Railroad Company to the
New Orleans, Mobile and Texas Railroad Com
| pany did under its original name, to wit: The
New Orleans, Mobile and Chattanooga Railroad
Company and by virtue OF the provisions OF an
act Of the General Assembly OF the State OF Louisl-
ana, entitled act TO expedite the construction OF
the railroad Of the New Orleans, Mobile and Chat
| tanooga Railroad Company in the State OF Louisi'
approved February II, 1859, execute an linden
ture the first day of July in the year 1870, be-
tween it AID the Governor OF the State Of Louisi-
ana. trustee, for the purpose of securing the
payment of the principal and interest Of certain
bonds, known as secord mortgage bonds OF the
New Orleans, Noble and Chattanooga Railroad
Company, guaranteed by the State OF Louisiana,
and for the further purpose OF securing the
State OF Louisiana as guarancor OF sad
the then Governor OF the State OF Louisiana,
and his successors u office, trustees,
the main line of railroad OF the said company
structed or 70 be constructed n that part OF the
State Of Louisiana !ying west of The Mississippi
river. The said main line extending from the
point where il shall intersect the Mississippi river
opposite the city OF New Orleans. westward to the
ponp where it shall cross the western boundary of
the state OF Louisiana, in the parish of Calcasieu
tons of the said line of allIOad aud al the other
rights interests and estates Of the said company
thereafter to be acquired Tor that purpose, and
all depots, station houses. engine houses. ear
houses, freight houses, storehouses, warehouses,
wood houses, sheds, wharves, machine shops
par shops, bus ness Offices and other Offices, shops
and buildings, all engines and tenders, cars and
Other e Ioll,ns siock al machinery: fixtures,
estate within the State CT Louisiana ap-
purtenant to necessary Tor the operation Of said
main line OF railroad then owned or thereafter &C.
qUIred by SAID COMPANY ard also all the corporate
franchises and privileges OF SAID COMPANY granted
BY the state OF louisiana relative 10 the construc
toE, operation anC use OF SAID man LIE Ci railroad
or any part thereof in said State of Louisiana and
sad noenture n pursuance OF the provisions OF said
act, approved February II, 1862 provides that in
default shall be made by said CON pany in the
payment OF the interest OF sad seco-G mortgage
bonds or any part OF them, and the same shall re-
main in arrears for sixty days after becoming due
and being demanded of said company the princi-
pal Of all the bonds secured by said indenture and
then outstanding shall upon the expiration Of said
sixty DAYS become due and PAYABLE, and in case of
such default i shall be GwtuI for the Governor Of
Louisiana and lis successors n Office, personally
CT oy attorney, or attorneys, or agents, or
agent, TO he selected and empowered for
that purpose by the Governor aforesaid and his
successors IL office to sell and dispose Of al
and singular the property and franchises before
mentioned, and more particularly described in
sad lnden;ure at public auction al such time and
place in the city Of New York or in the city of
New Orleans as the said Governor and his success
sors IN office may designate and appoint, having
advertisement, published not less than six weeks
immediately PRIOR TO the time designated for such
sale, IN one OF more OF the daily newspapers pub
hshed in each of said cities OF New York and New
Orleans ana IL each and every Issue of said daily
newspapers. And the sad Governor or his sue
cessors in Office is the completion OF such sale
authorized by said indenture to make convey.
ance of the property so sold 70 the purchaser and
the SAID lndenture further empowers the sale of
said property real and personal and the franchise
aforesaid il such portions the said Governor or
ms successor II othee may deeIn advisable having
parties to be affected thereby and duly observiur
the laws of the State Of Louisiana aud the pro
visions OF said ndenture in reference thereto.
And the sad Indenture further provides that IN
making such sale, reference shall De 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 l.. 1863 which
provides that the rolling stock and personal rrop-
erty shall appertain TO that portion of Tha main
Line OF railroad which shall have been constructed
and operated, and shall be apportioned equally
upon each mile thereof, and sbal be deemed pro.
that sale may be made OF said railroad subject 10
the lien OF the first mortgage and accrued interest
thereon, mentioned IN sad act, which is mort
gage TO secure bonds 10 the extent of S12500
and accrued interest thereon, per mile: and
whereas, said indenture OF second mort gage
IN compliance with terms OF said ACT of
the General Assembly, approved February IL
1863, was duly recorded IN the Office of the
Secretary OF State of the State OF Lo.isianao
and, whereas, said company has issued bontiS "f
1000 each, dated July l. 1870, PAYABLE on the first
OF July, in the year 1915, with eight per cent inter.
",
day of January and July of each year said inter.
est being represented by coupons of & 20 each an
ne xed to said bonds, and said bonds have been |
guaranteed by the State of Louisiana in the man
ner and in accordance with the provisions of said
act approved February II, 1869: and whereas the |
said company has made default IN the payment Of |
the interest said bonds so guara nteed and said
interest has remained in AID unpaid nv the
said company more than sixty DAYS after the Same
became due and was demanded of said COMPANY:
and, whereas, said default has continued I'D to the
present time. Now, therefore, by virtue of the |
the General Assembly approved seventeenth of |
February, 1852, and said indenture of mortgage. |
dated aaiS July l. 1872 and as trustee under |
viii proceed, through c. E. Girardey, AUCTION, |
eer. in the city OF New. Orleans whom l hereby |
designate as my agent and attorney for that puT.
pose to sell SAID main line of railroad its franchise
and appurtenancee, hereinbetore mentioned and |
described a. pubic auction, to the highest bidder,
Tor cash, at twelve o'clock NJ, at the St. CT aries
auction exchange in the Rotunda of the ST
Charles Hotel in the city of New Orleans, on WE'D.
NESDAY, September 80, 1874 in the following SEQ.
tons, and subject to the lien OF the fist MORTGAGE
which is lien securing first mortgage bonded to
the extent OF u 5ooper mile, and the purchaser
1t Wei understood, is to take the property adiudi.
Gated subject to said incumbrances and the bid |
which he makes will be considered bid for so |
entire amount bid is to be paid in cash without
any deduction whatever
The main line Of railroad to be sold commences |
Orleans, on the west bank Of the Mississippi river
and extends westward toward and to the point |
"hclo III lnteTSectS and crosses the western |
boundary OF the State of Louisiana in the parish |
Dl Caicaseu, by virtue of the provisions of said |
act OF the General Assembly of the State of Lousi.
ana, approved seventeenth February 1869 the |
roiiing stock and personal property is apportoned
ton.
The sale will be made in sections. as follows.
, Section |: From the point Westwego. epposite
me city OF Rev Orleans on the west bank Of the
Mlsslssippi river, to a distance of seventy miles
itd EN- braces all the man line of road comnieteI
and IN operation, and in this section is included all
me rolling stock, cars. engines and personal mon
srty OF the company attached to the whole of said
main line of road. ~ Va saiu
Section 2. All the right, title and interest tba+
he State of Louisiana may have in and ~ 't tho
property lying between a point distsnH sa"an u.o
niles from the point Westwego and the Saiinss
liver. GAM 'uo Sapihe
The purchaser of each section resneo+;ra,,,
c4ultes al the rights of way, road haSS
nu representatives, and all other rights in
e . rs i and estates OF the company in ana
. tne lands occupied by the comn3uv an'
raced within the territorial limits III ~. Gu
IONS, ana also all depots, stationhonses enGina
= car nouses we0dhOuses, freight or storeb nnsao !
ttaaienouses, sheds, wharves MACHINE Shows
iiungs, repair shops, business or other offces
anu buildings situated within the limits ~ |
respectively, and also the CORPORATE
nn;ei anu privileges granted by the Stare of
IN respect to the CONSTITUENCIES nnero |
IONS, and are of said main line of road srs aa- !
on GU " ny the respective purchasers of each sec
,'rhs iSr as lhey are applicable to the sections
WILLIAM P. KELLOGG
G0vernOr and Trustee |
c. E. GIRARDEY
a,1e !oneer and agent designated to make sale.