New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-09-01
OFFICIAL NOTICES,
ACCTION SALE.
Trustees Snle of the Main Line OF the
New Orleans. Mobile and Texas Rail-
road, West of the Mississippi. River,
ard its Appurtennnces und Franchise

New Orleans. Mobile and Texas Rail-
road, West of the Mississippi! River,
and its Appurtenances and Franchise
WHEREAS. THE NEW ORLEANS, NOZZLE ANo
w Texas Railroad Company a corDoration cree
General Assembly of said State entitled ian act
to incorporate the New Orleans Mobile and Chat
"a. 1866 which said corporation was recognized
and approved as body polite and corporate by an
siana, entitled ian act relative to the New Orleans
Mobile and Chattanooga Railroad Company e cor
poraton of the State Of Alabama, and authorizing
and empowering said company to exercise and
enjoy its corporate powers and franchise in the
State of Louisiana" approved August 10, 1858. the
| changed by authority of Joint resolution of the
General Assembly of the State of Louisiana, approx
| Mobile and Chattanooga Railroad Company to the
New Orleans, Mobile and Texas Railroad Como
pany, did under its original name to wit: "The
New Orleans, Mobile and Chattanooga Railroad
Company" and by virtue of the provisions of
act of tho General Assembly OF the State OF Louis
entitled an act to expedite the tructon Of
the railroad of the New Orleans, Mobile and Chat.
tanooga Railroad Company in the State of Louisio
ture on the first day of July. in the year 1870 leo
tween it ard the Governor of yhe State OF LoUsio
ana, as trustee, for the purpose of securing the
payment of the principal and interest," OF certain
bonds known as secood mortgage bonds OF the
New Orleans, Mobile and Chattanooga Railroad
| Company guaranteed BIZ the State OF Louisiana
! and for the. further purpose OF secureHs mo
State of louisiana as guarantor OF sai6
! the then Governor of the State CT louisiana
and his successors ia etice,, as trustees
structed or to be constructed in that part OF tee
| State OF Louisiana lying west OF the Mississippi
1 riv,t. The said main lire extending from tho
point where it shall ntersect the Mississippi river
| opposite the city OF New Orleans. westward to the
point where it shal cross the western boundary eb
the State Of Louisiana, in the parish of Cacaseus
also all the rights of any road beds and supe rstruco
tons of the said line of railroad and all the other
| in and to the lands occupied by SAID railroad, or
| thereafter to be acquired for that purpose, and
houses, freight houses, storehouses warehouses,
| wood houses, sheds, wharves. machine shops
and buildings, all engines and tenders. cars and
! other rolling stock all machinery, fixtures,
fae! and material and all real and persona
purtenant to necessary for the operation Of said
main line of railroad then owned or thereafter
quired by said company and also all the corporate
franchises and privileges of said company granted
by the State Of louisiana relative to the cOnstrrc
tion operation and use of said main line of railroad
or any part thereof in said State of Louisiana, ard
said ndenture in pursuance of the provisions sad
case default sha be made by said com pany in tho
| payment of the interest of said secord mortgage
bonds or any part OF them. and the same shall re-
and being demanded of said company, the princ-
pal of all the bonds secured by said indenture and
then outstanding shall upon the expiration OF Said
| sixty days become due and pay able, and in OF
such default it shall be lawful for the Governor OF
or by attorney, or attorneys, or agents, or
agent, to be selected and empowered fox
successors II office to sell and dispose Of al
and singular the property and franchises before
mentioned, aud more particularly descrb bed IN
said lndentuTe at public auction, at such time and
! place in the city of New York in the city cf
New Orleans as the said Governor and his fucces-
sors in office may designate and appoint, having
first given notice OF the IL and pacs OF sale by
advertisement. published not less than Fix weeks
| immediately prior to the time designated for such
|
lished in each Of SAID cities of New York and New
Orleans ana in each and every issue OF said daily
| newspapers. And the sad Governor his sue,
cessors in Office is. on the completion of such sale,
| authorized bv said ipdenture to make a convey.
Of the property so sold to the purchaser, and
! tie said iudenture further empowers the sale %
said property, real and personal, and the franchise,
| aforesaid in such portions as the said Governor
| his successor in Off ce may deem advisable having
just reference to the rights and interests of all
parties to be affected thereby, and duly observine,
tie laws of the State of Louisiana and the pro-
visions of said indenture in reference thereto.
sS sa sna % had @ "a
| provisions of the third and thirteenth sections OF
the said act of the General Assembly of the State
of Louisiana, approved February H. 1869. which
provides that the rolling stock and personal prop
erty shall appertain to that portion of the main
and operated, and shall be appOrtiOued equally
upon each mile thereof, and shalt be deemed PRO.
that sale may be made OF said railroad subject to
the lien Of the first mortgage and accrued interest
gage To- secure bonds to the e' extent Of T $50
! and accrued interest thereon, per mils; and
whereas, said indenture of second mortgage,
! in compliance with terms OF said act oS
the The Genera, Assembly approved February r.
| end. whereas. said company has issued bonds OF
$1,000 each dated July l, 1870 PAYABLE on the FIRST
Ssa the
day OF January and July of each year said inter
est being represented by coupons Of 20 each am
guaranteed by the State of Louisiana in the mans
ner and in accordance with the provisions Of SAID
act approved February II, 1863; and, whereas Il 9
| said company has made default in the payment OF
the interest on said bonds SO guaranteed, and sad
interest has remained in arrears and unpaid by the
said company than sixty days after the san d
became due aud was demanded of said company;
anG 1 Sa weish hn,n mas m up 70 .fs
power and authority in me vested by said act OF
; the General Assembly, approved seventeenth OF
| February 1862, and said indenture of mortgage
said act CT and said indsn.urs Of mortgage,
eer in the city of New Orleans, whom hereby
designate my agent and attorney for that pure
pose to sell SAID main line of railroad, its franchise
and appurtenances, herenbefore mentioned AID
described at public auction, to the highest bidder
lCr aas AZ IN s Roa o ba
Charles Hotel in the city of New Orleans On WEI
NEsDAY,, September 90, 1874, IN :he following
tons and subject to the lien o. the fist mortga
which lien securing first mortgage, bonded to
the extsnt Of SIP 50oper mile. and the purchaser
it is well understood is to take the property adjud-
Gated subject to said membranes, and the bid
which he makes WIN be considered q bid Tor SO
. | much over and above said incumbrance, and the
|, entire amount bid is to be paid in cash, wthou 8
| any deduction whatever
| The main line Of railroad to be sold commences
| at the point Westwego, opposite the city OF New
Orleans. on the west bank of the Mississippi river,
and extends westward toward and to the point
| where it intersects and crosses the western
| boundary of the State Of louisiana in the parish
OF Calcaseu, by virtue Of the provisions of said
act of the General Assembly of the State of Lousi
ana, approved seventeenth February, 1868. tho
rolling stock and personal property is apportIored
to that portion OF the road completed and in opera
; | ton.
Tie sale viii he made in sections, as follows:
| Section l. From the point Westwego opposi 70
| the city OF New Orleans, on the west bank OF tho
| mississippi river, TO distance of seventy miles,
and embraces all the man line of road completed
and in operation and in this section is included al
the rolling stock cars. engines and personal pop,
er'y OF the company attached to the whole OF SAG
| man line Of road.
Section q All the right, title and interest TRAIT
I tie State Of Louisiana may have IN anu 10 tLo
property lying between point distant d ~. SestH.J
! miles f.ol- the point Westwe ana tLe SdniLo
| river.
Tie purchaser of each section respect y
| acquires all the rights OF way, foals oecs'
| terests and estates Of the company il ana
n to the lanGs occupied By the company, EN-.
H. braced within the territorial limits Ut the sec'
), | tons and also all depots, statonhouses. engine
or ca rhcuses weodhouses, freight or
>. | warehouses, sheds, wharves, machine shops
h | sdings repair shops, business Or other Offices,
# sbons and buildings situated within the limits or
# each section respectively aud also the corporate
franchises and privileges granted by the State o.
Z Louisiana, III respect TO the constructive opera
q Guired by the respective purchasers of each sec
ton SO far as they are applicable to the sectorf
WILLIAM p KELLOGG.
9. | Governor and Trustee
Z c. F. GiRARDEY
: | Aurtioreer and agent designated to maze s"ie'