New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-09-12

Set Orleans, Mobile and Texas Rail.
and its Appurtenances and Franehisey
vtTBEREAs, THE NEW ORLEANS, MOBILE AND
w Texas Railroad Company, corporation Gre
ased by the State of Alabama by an act of the
General Assembly Of said State, entitled IAN act
to incorporate the New Orleans. Mobile and Chat
tanooga Railroad Company" approved November
D. 1866, which said corporation was recognized
and approved as body polite and corporate by an
isiana entitled IAN acf relative to the New 0rleans
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 and franchise in the
State Of Louisiana, approved August Is, 1883, the
changed by authority Of JOINT resolution Of the
General Assembly of the State of louisiana approx
Mobile and Chattanooga Rairoad 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 Louiai
rsroad Of the he New Dreams Mobs Chat
tanooga Railroad Company in the State of Louisi.
ana. approved February a. 1869, execute an linden
tween it aid the Governor of the State of Usuisi
ana, as trustee for the purpose Of securing the
o. rne a. and interest Of a ha
New Orleans, Mobile and Chattanooga Railroad
Company. guaranteed by the State Of Louisiana,
and fos the further purpose Of securing the
State of louisiana as guarantor of eaid
bonds: and did by said indenture convey to
the then Governor Of the State % Louisiana
and his successors in office, as trustees
the main fine of railroad Of the said company
structed or to De constructed in that part of the
riv.ro The said main line extending from the
point where it shall intersect the Mississippi river
ppins where i shall cross the western boundary
the state Of Louisiana, in the parish Dx Cacaseu
also all tine tights of road beds and supsrstruc.
tons of the said line of railroad 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 Chat aurpose. and
all depOtss station houses engine bOusese car
houses. freight houses, etOrehouses warehouses;
wood houses. sheds, wharves machine shops. 70
and buildings. all engines and tenders. cars and
J other rolling etock. alb machinery, fixtures,
I fuel and material, and all PEAL and personal
purteEant to or necessary for the operation Of said
main line of railroad then owned thereaftey &C.
CURED by said company and also all the corporate
by the State Of louisiana relative to the sOnstGuc
ton. operation and use of said main line CT railroad
Or any part thereof in said State of Louisiana and
said nGencure in pursuanceO of the provisions a said
act approved February :l5s 1863 provides that in
default shall be made by said com panv in the
I payment of the interest of said sec0Ld mortgage
bonds any part Of Shen. and the same shall re.
main in arrears for sixty days after becoming due
pal OF all tle bonds secured by said ndenture and
then outstanding shall upon the expiration u said
sixty days become due and paw able, and in ease Of
such default it shall be LAWFUL for the Governor Of
] Louisiana and his successors in 6cespersonslly
OF by .atterDeyo or attorneys. OF agents. or
that purpose By the Governor Aforesaid and bis
1 successors IN Office TO sen and dispose Of all
mentioaed, AID more particularly descri bed in
said lndenture pubic auction, al such time and
place in fhe city of New York ov In the city Of
New Orleans as the said Governor and his success.
eors n office may designate and appoint. having
first given notice Of the Il me- and place of sale by
I advertisement. published not less than ok weeks
immedixely prior to the time designated for such
sale, IL one more OF the daily newspapers pub.
1ished in each Of said cities OF New York and New
Orleans, ana in each and every issue Of said daily
newspapers And the said GOyernog OF his Auc.
cessors in office h. the completion of suah sale,
authorized by said iDdeuturo To- make a con vey.
ance a the property so sold 70 the purchased ard
the said indenture further empowers the sale Of
said property, real and personal and the franchise
aforesaid in such portions as the said Governor Or
his successor in Office may deem advisable having
just seference to the rights And interests of ak
parties be affected thereby. and duly observing
I the laws of :he State of louisiana aud the pre-
1 visions Of sail indenture 10 reference thereto
And the said indenture further provides, thar il
making such sale, reference shall be had to the
provisions of Che third and thirteenth SECTIONS OF
the said act of the General Assembly of the State
provides that the rolling stock and personal prop
srty shall appertain % that portion Of the main
line of ralroad which snail have been constructed
I upon each mile thereof, and shall be deemed pro
| ceeds Of the completed portion Of the soadsand
the lien Of the first mortgage and accrued interest
l thereon, mentioned in said act, which is a mort
| gage to secure bonds - the s1tens Of el2 500
and Accrued interest thereon per miRs and.
1 whereas, said indenture of second mortgage
| in comtliance with. Germs of said acs 81
x1. ua seeoded m ss
Secretary Of State Of shs state of Louisiana
and. whereas, said company has issued bonds Of
1000 each. dated July 1870, payable on the first
Of July in the year 1915. With peA celH inter
est per annurA. payable semi-annualy. Oh the fro
~
/ nexed to salA bonds, and said bonds have been
I guaranteed by the State of Louisiana in the nan
act approved February II, 1869; and, whereas, the
l said company has made detAult in the payment O
interest has remained in arrears and unpaid by ths
I said company more chan sixty days after the same
! became due and was demanded Of said company
and whereas. said default has continued up to the
| presenS times Now, therefore, by virtue Of tn.
! power and authority in me vested by said act OF
February Eel 1861 and said indenture Of mortgage
:sid act GUY and sad sad ndsnsu,s Of mortgage
I Twill proceed. through G. E. GEardev. auction
! eer. in the city Of New Orleans, whom Z hereby
| designate as my agent and attorney for that pur
! and appurtenances, hereinbefore mentioned and
described, al public auction, to the highest bidder
for cash, at twelve O'Clock NJ, at the St. Charles
I Auction Exchange, in the ROtunda Of the st
Charles Hotel in the city of New Orleans, on WE'D
NESDAY, September 80, 1874, in che following sec
TONS and subject 10 the lien Of the first mortgage
which is a lien securing first mortgage bonded t
the exte Mt Of $l2 500 per mile and the purchaser
It'll well understood is to take the property adudi
4 Gated subject to said membranes, and the biz
1 which he makes will be considered a bid for 81
I much over and abev0 said incumbrance, and thu
entire amount bid is to be paid in cash, withou
] any deduction whatever.
The main line of railroad to he sold commences
| at the point Westwego. opposite the city q New
I Orleans. on the west bank Of the Mississippi river
and extends westward toward and to the po:n
where it intersects and crosses the western
| boundary OF the State of Louisiana, in the parish
l of Caicasier by virtue of the provisions of said
act of the General Assembly of the State of LOusi
ana approved seventeenth February, 1863. tn.
that portion OF the road completed and in opera
ton.
! The sale wis be made in sections, as 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 al
the rolling stock, cars. engines and personal prop
erty Of the company attached to the Whole Of sait
Section 2. All the right, title and interest that
the State Of Louisiana may have in and TO thu
miles from the point Westvego and tho SABINE
| river.
| acquires all the rights of way, xoa1, beds
and superstructures, and all other rights in
terests and estates of the company in ant
w6n estoaI limits e aHs
tons, and also all depots, stationhouses. engine
! or carhouses, weodhouses, freight or storehOuses
I warehouses, sheds, wharves, machine shops
sidings, repair shops, business or other offices
shops, and buildings situated within the limits Of
franchises and privileges granted by the State o.
Louisiana IN respect to the constructive opera
lions, and are of said main line OF road. are ae
quired by the respective purchasers of each sec
ton, SO far 40 they SIRE applicable to the sections
1 purchased
! WILLIAM P. KELLOGG
Governor and Trustte