New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-16
OFFICIAL NOTICES,
AUCTION SALE.

Trustees Sale Of the Main Line Of tho
New. Orleans, Mobile and Texas Rail-
road, West Of tho Mississippi River,
and its Appurtenances and Franchise.
WHEREAS, THE NEW ORLEANS. MOBILE AND
W Texas Railroad Company corporation Gre
ated by the State Of Alabama by an act of tho
Genera, Assembly Of SAID State. entitled IAN act
to incorporate the New Orleans, Mobile and Chat
"a. 1866 which said corporation was recognised
and approved as body.pOlitic and corporate by
siaBa, entitled IAN act relative to the New Orea ans
Mobile and Chattanooga Railroad Company, COR
poration OF the state OF Alabama and authorizing
and empowering said company to exercise and
enjoy it's corporate powers aud 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 approv
ed eighteenth April, 1871, from the New Orleans,
Mobile and Chattanooga Railroad Company to the
New Orleans, Mobile and Texas Railroad Com
Gany 6,d under M Its Original d pane, to wit: The
Company, and by virtue of the provisions of An
act of the General assembly OF the State LOUISE
the railroad of the New Orleans. Mobile and Chat
tanoOga Railroad Company in the State of Louis-
ana. approved February II. 1862 execute inden-
ture on the first day Of July in the year 1870 be-
tween it aHd the Governor of the state of LOuisi-
ana. 81 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 the further purpose of securing the
State OF louisiana .,9 as guarantor OF said
and his successors in office. as trustees,
the main line Of railroad of the said company con-
state of Louisiana lying west of the Missi, sippi
river. The said main line extending from the
point where it shall ntersset the Mississippi river
point where 1t shah cross the western boundary Of
the State of Louisiana, in the parish of Calcasieu;
also all the rights of any road beds and
tons of the said line of rail- DAD and all the other
rights interests and estates of the said company
in and to the lands occupied by said railroad, or
thereafter to be acquired for that purpose, AMI
all depOts, station houses, engine houses car
houses. freight houses, store houses, warehouses.
pair Shops business Offices, aud other Offices shops
and buildings, all engines and tenders, cars and
other rolling stock, all machinery, fixtures.
estate within the state of Louisiana sp-
purtenant to necessary for the operation Of said
main line of railroad then owned 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 cOnstruc
ton. operation and of said main line of railroad
any part thereof in said State of Louisiana, and
said indenture in pursuance of the Of said
act, approved February II, 1862 provides that in
case default shall be made by said company in the
payment of the interest of said second mortgage
man IN srresrs for s.tv d.ys ats, due
and being demanded of said company. the primer
pal of all the bonds secured By said indenturo and
then outstanding shall upon the expiration Of said
sixty days become due and pay able and in case of
such default it shall be lawful for the Governor of
Louisiana and his successors in Office. personally
or by attorney. or attorneys. agents, or
agent, to be selected and empowered for
that purpose by the Governor aforesaid and his
successors Office to sell and dispose of all
and singular the property aud franchises before
mentioned, and more particularly describ bed in
place in the city of New York or in the CITY Of
New Orleans Is the said Governor and his success
sOrs in Office may designate and appoint having
first given notice of the time and place of sale by
advertisements, published not less than six weeks
immediately prior to the time designated for such
sale. in one or more Of the daily newspapers pub
lished in each of said cities OF New York and New
Orleans ana in each and every issue of said daily
newspaper And the sad Governor or his suc-
cessOrs in office is, the completion of such sale,
authorized by said iDdenture to make convey.
ance OF the property sold to the purchaser, and
the said indenture further empowers the sale of
said property, real and personal and the franchise
aforesaid in such portions as the said Governor
his successor in Office may deem advisable, having
just reference to the rights and interests of all
parties to be affected thereby, and duly observing
the laws of the State of Louisiana aud the pro
visions of said indenture in ref renee thereto.
And the said indenture further provides, that in
making such SALE reference shall be had to the
provisions of the third aad thirteenth sections of
tile said act of the General Assembly Of the State
of Louisiana, approved February IL, 1869, which
provides that the rolling stock and personal prop
erty shall appertain to that portion Of the main
line of railroad which snail have been constructed
and operated, and shall be apportoned equally
upon each mile thereof and shall be deemed pro-
ceeds Of the completed portion of the road, and
that sale may be made of said railroad subject to
the lien Of the first mortgage and accrued interest
thereon, mentioned in said act, which is q mort
gage to secure bonds to the extent of $l25OO,
and accrued interest thereon, per mill. and,
whereas, said indenture of second mortgage,
in compliance with terms of said act of
the General Assembly, approved February IT,
1863, duly recorded in the office of the
ami. whereas said company has issued bonds of
1000 each, dated July l, 1870 payable on the first
of July in the year 1915 ith eight per cent inter
est per aunum, payable semi annually on the first
day of January and July OF each year said inter
est being represented by coupons of $40 each,
nexed 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 H. 1863; and, whereas, the
said company has made default in the pavment Of
the inter on said bonds guaranteed and said
interest has remained In arrears and unpaid by the
said company more than sixty days after the same
became due and was demanded Of said COMPANY:
and, whereas, said default has continued up to the
and IN oy virtue Of the
the General Assembly, approved sevents enth of
February, 1862. and said indenture of mortgage,
| dated July l. 1870, and as trustee under
said act and SAID indenture of mortgage
will proceed. through G. 4. Girardev. auction
ees. in the city of New Orleans whom l. thereby
designate as my agent and attorney for IL at pur-
to cell said main line of railroad its franchise
and appurtenances, herenbefora mentioned and
| for cash. at twelve o'clock NJ, at the st. Charles
Auction Exchange, in the ROtunda of the st.
CIArloS hOtef, III Lne Guy OF new Orleans, WE'D
NRsDAY, September 80, 1874, in the following sec
lions, and subject TO the lien of tbs st mortgage,
which is lien securing first mortgage bonded to
the ext mt OF $l2, 500 per mile, and the purchaser
well understoOd is to take the property adjudi
Gated subject to said incum branccst and tbs bid
which he makes will be considered bid for so
much over and above said ncumbrance, and the
entire amount bid is to he 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, the west bank of the Mississippi river
and extends westward toward and to the mint
boundary of the ftate OF Louisiana, in the parish
of Calcaseu, by virtue of the provisions of said
act of the General Assembly Of the state of Tousi
ana. approved seventeenth February 1869 tho
rolling stock and personal property is appOrtIoped
to that portion of the road completed and in opera
| ton.
The sale will be made in sections as follows
Section l. From the point Westwego Opposit,
the city OF New Orleans, on the west bank of the
Mississippi river, to a distance of seventy miles
aud embraces all the main line of road Completed
and in operation. and in this section is included ali
the rolling stock, cars engines and personal prop
erty OF the company attached to the whole OF said
main line of road.
Section 2. All the right, title and interest that
property lying between point distant seventy
miles from tie point Westwego and the Sabine
river.
The purchaser of each section respectively
acquires all the rights of way road beds
and supers'ructures and all other rights in,
terests and estates of the company in and
10 the lands occupied by tho COMPANY en-
praced within the territorial limits of the
lions, and also all depots statiOnhouses engine
Or carhouses wsodhOuses freight or storeh on sos,
warehouses, sheds. wharves machine shops
sldings, repair shops, business or other offices,
shops, and buildings situated within the limits OF
each section respectively, aud also the corporate
franchises and privileges granted by the state of
LOUISIANA, III respect to the constructive opera