New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-09-30

road, West OF tho uIlSelSslppl K1vefs
and ito Appurtenances and Franchise.
WBERBAs, THB NKw ORLEANS. MOBII Z AND
w Texas Railroad Company, q corporation GRO
ated by the State of Alabama by an act of tho
to incorporate the New Orleans Mobile and chss.
tanooga Railroad C0mpany," approved NOvembee
and approved as body polite and corporate By an
ACT OF the General Assembly of the State Of Lor~
lsiana entitled IAN act relative to the New Or leans
Mobile and Chattanooga Railroad Company, . cor
pOration of the State Of Alabama and autho r1xin9
and empowering said company to exercise and
State Of Louisiana, approved August 49, 1858, the
name Of said company having been subsequ e1 ~
General Assembly Of the State of Louisansa aDprov
ed eighteenth April, 1871, from the New Orleans,
Mobile and Chattsnooga Railroad Company to the.
New Orleans, Mobile and Texas Railroad Com.
pany, did, under its original name. to wit: "Ths
| Rev orleans. Mobile and Chattanooga Railroad
act Of the General Assembly Of the Statd Of LOUIS
entitled an act to expedite the construction OF
the railroad of the New Orleans. Mobie and Chat
ana. approve February H. 1869, execute inden-
ture on the first day Of July. in the year 1870 be-
ana, as trustee. for the purpose Of securing tho
payment Of the principal and interest of certain
bonds known as second MORTGAGE bonds Of the
Company, guaranteed by the State Of Louisiana.
and for the further purpose of securing the
| the then Governor. OF the State Of Louisiana,
te mans ns Of raireaa Of ,Ss ssd co
structed or to be constructed in that part Of the
state of Louisiana lying west of the Mssif sipps
river. The said main line extending from the
point where 1t shall intersect the Mississippi river
opposite the city Of New Orleans. westward to the
the state Of Louisiana, in the parish Of Cacaaeu;
also all the rights Of any road beds and superstruc
tons Of the said line Of and al the other
| in and to the lsnds occupied by said railroad, OF
| thereafter to be acquired for that purpose. and
houses, freight houses, storehouses. warehouses.
wood houses sheds, wharves, machine sh0pe, TO-
pair shops. business Offices and other Offices shops
and buildings ali engines and tenders. cars and
fuel and material. and all real and personal
estate within the state of Louis ana 4p-
purtenant to necessary for the operation Of eaA
main line of railroad then owned or thereafter &C.
oy sad ana .s sso s tine
by the State Of Louisiana relative to the cOnstruc
tien. operation and of said main line of railroad
or any part thereof IN said State OF Louisiana snG
said ndenture in pursuance of the provisions Of sA
act approved February III, 1869. provides that in
case default shall be made by said ompany in the
payment Of the interest Of said second 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 eaid company. the princi-
pal of all the bonds secured by said indenture and
then outstanding shall upon the expiration Of said
such default it shall be LAWFUL for the Governor OF
Louisiana and his successors in Office. personally
or BY attsrney; o, or attorneys or agents, or
| that purpose by the Governor aforesaid and his
successors Office to sell and dispose of all
and singular the property and franchises befcrs
mentioned, and more particularly described in
said indenture Mt public auction, at such time and
in the city Of seH York or in tn the city o.
| sors in office may designate and appoint, having
first given notice Of the II me and place Of sale By
immediately prior to the time de s2n ated for such
eae. in oae or more OF the daily ne Wrappers pub.
Orleans ana in each and every issue Of said daily
newspapers. And the said Governor or his Auc.
cessOrs in office is on the completion Of such sale,
| authorized by said iDdenture to make convey
ance of the property sold to the purchaser. and
| the said ndenture further empowers the sale OF
said property, real and personal and the franchise
AFORESAID in such portions as the said Governor or
| his successor i'll office may deem advisable. having
just reference to the rights and interests Of ali
parties to be affected thereby, and duly observing
! the laws of the State of Louisiana aud the pro.
| visions of said indenture in reference thereto.
| And the said indentnre 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
provides that the rolling stock and personal prop
| erty ehall appertan to that portion Of the main
line of railroad which snail have been constructed
! and operated, and shall be apportioned equally
| upon each mile thereof, and shall be deemed pro-
that sale may be made Of said raiiroad subject to
the len'Of the first mortgage and accrued interest
thereon, mentioned in said act, which is mort.
/
| and accrued interest thereon, per mile; and
whereas, said indenture Of second mortgage.
the General Assembly, approved February r H. Il.
1862 was duly recorded in the Office Of the
Secretary of State Of the State of Louisiana
1000 each, dated July 1870, payable the frat
Of july in the year 1915. with eight per cent inter
est per annum, payable semi annually. the first
day of January and July of each year. ssid inter
| est being represented by coupons of $40 each, ar
nexed to said honds and said bonds have been
/ Mt hv at If in,
| ner and in accordance with the provisions Of said
act approved February Il, 1863; and, whereas, the
the int rest on said bonds guaranteed. and said
interest has remained in AID paid nv the
said company more than sixty days after the same
and whereas. said default has continued up TO the
present time: Now. therefore, by virtue of this
power and authority in me vested by said act Of
the General Assembly, approved seventeenth OF
February, 1852, and said indenture of mortgage,
dated dat j. July J. 1872 a and as trustee nnds.
! will proceed, through c. E. Girardev, auction
| eer. in the city of New Orleans whom hereby
designate as my agent and attorney for that pur.
pose to sell main line of railroad its franchise
! and appurtenances. herenbefore mentioned and
described, public auction, to the highest bidder,
| for cash, at twelve O'Clock NJ. at the St. Charleg
Auction Exchange, in the Rotunda Of the st.
Charles Hotel. in the city of New Orleans on VIVID
NBSDAY, September &c. 1874. in the following acc
tons, and subject to the lien Of the first mortgage,
| which is lien securing first mortgage, bonded to
the e1tnt Of $l2 500 per mile, and the purchaser
it well understood is to take the property adjudi-
| Gated subject to said mbrances, end the bio
| which he makes will be considered q bid for so
| much over and above said inctfmbr ancs, and tho
| entire amount bid is to be paid in cash, witb0us
| any deduction whatever.
| The main line OK railroad to be sold commences
| at the point Westwego, opposite the city Of New
Orleans. the west bank of the Mississippi river.
and extends westward toward and to the poiRs
| where it intersects and crosses the western
boundary Of the state Of Louisiana, in the parish
| of Cacasieu, By virtue Of the provisions Of SAID
act of the General Assembly Of the state Of Lousi
| ana. approved seventeenth February, 1869. the
rolling stock anc personal property is appOrtIOned
to that portion Of the read completed and in opera
| ton.
The sale will be made in sections. az follows
| Section l. From the point Westwego. opposite
the city of New Orleans, on the west bank Of thu
Mississippi river, to distance of seventy miles
and embraces all the main line OF road completed
and in operation and in this section is included all
the rolling stock cars, engines and personal pro p
eTty Of the company attached to tho whole of said
main line of road
Section 2. All the right title and interest that
| the State Of Louisiana may have In and to the
| property lying between a point distant seventy
| miles from the point Westwego and tho Sabind
| river.
The purchaser Of each SEXTON respectively
| acquires all the rights of way, road, beds,
and superstructures, and all other rights in.
to the lands occupied by the company, en-.
braced within the territorial limits OF the Sec
tons, and also all dapots, stationhouses. engine
or carhouses, weodhouses, freight or storehonses,
warehouses, sheds, wharves, machine shops.
| sidings repair shops, business or other oficess
shops, and buildings situated within the limits OF
each section respectively, and also the corporate,
franchises and privileges granted by the State OF
| louisiana in respect to the constructive opera
| tons, and are of said main line OF roaa are &c
| quired by the spective purchasers OF each seq
ton, far as they applicable to the sectiono
WILLIAM p. KELLOGG,
| Governor aud Trustee.
| C. E. tiIRARDEY,
Anctioneer and agent designated to make sale