New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-09-29
BY D. E. Morphy.
OFFICIAL NOTICES.
.AUCTIOS SALE.
Trustees sale Of the Main Line Of the
New Orleans. Mobile and Texas Rail.
rond, West CT the NIississippi River.
ind its AprMrieEanccs and Franchise.
.iUCTIOS SALE.

rond, West CT the Mississippi River. |
ind its AppWrieEances and Franchise.
WHEREAS THE NEW ORLEANS, MoBH - AND !
w Texas Railroad Company, corporation ere
ated by the State of Alabama by an act of the
GeneIai Assemb ' of said State entitled IAN act |
to incorporate tho New Orleans, Mobile and Chat.
tanOosa Railroad COMPANY" app. owed November |
"a, 1866, which eaid corporation was recognized
and approved body polite and corporate by an
act OF the General Assembly of the State Of Lou.
isana, entitled "an act relative 10 the New Or leans,
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, 1853, the
name Of said company having been eubsequer thy
changed by authority OF lolnt resolution OF the
General Assembly Of the State OF louisiana approx
ed eighteenth April. 1871, from the New Orleans.
Mobile and Chat tanooga Railroad Company to the
New Orleans, Mobile and Texas Railroad Conf
pany. did under its original name. to wit: 1.-THE
New Orleans Mobile and Chattanooga Railroad
Company and by virtue of the provisions of als
act OF the General Assembly OF the State OF LOUISE
ana entitled act to expedite the construction OF
tanooga Railroad Company in the State of Louisi.
ana. approve ed February Il! 1863. execute an linden.
tween i. ard the Governor of the State Of Lousi.
al trustee. for the purpose OF securing the
payment of the principal and interest Of certain
bonds, known az second mortgage bonds Of the
New Orleans. Mobile and Chattanooga Railroad
Compsn~, guaranteed by the State of Louisiana,
and for The. further purpose of securing the
bonds: and did by said indenture convey to
the then Governor OF the State Of Loulsiana,
and his successors In office, trustees,
the main Tine of railroad Of The said company con.
structed OF to DC constructed in that part of the
State Of Louisiana lying west OF the Mississippi
river. The said main line extending from the
point where it shall intersect the Mississippi river
opposite the city OF New Orleans. westward to the
point where it shall! the western boundary Of
the State of louisiana i'll the parish Q: Calcasieu
also all the rights OF any road beds and
tons of the said line of rail- Oad and all the other
rights interests and estates OF the said company
in and to the lands occupied by sand railroad, or
thereafter to be acquired for that purpose. and
all depots, station houses engine houses. car
houses. freight houses, storehouses. warehouses;
wood houses. sheds. wharves. machine shops. 70.
pair shops. business Offices and other Offices shops
and buildings. ali engines and tenders. Cars and
other rolling stock. all machinery: fixtures,
estate within the state of Louisiana ap.
purterant necessary for che ope ration OF said
main line of railroad then owned or thereafter ac
CURED by said company. and also all the corporate
franchises and privileges OF said company granted
sy the State OF Louisiana relative to the construc:
ton operation and of said main fine OF railroad
any part thereof in said State OF Louisiana and
said ndenture n pursuance the provisions of said
act approved February IL. 1869 provides that in
case Gefau; sh al; be made By said company IN the
payment of the interest of said second mortgage
bonds or any par. of them, and the "a me shall re.
main in arrears for sixty days after becoming due
and being demanded OF. ead 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 paw able, and in case of
such default il shall. be- lawful for the Governor of
|
or by attorney. or attorneys. OF agents. or
! agent. 20 be selected and empowered for
| tina. purpos. by tbs Governor aforesaid and his
successors office 70 sell aud dispose of all
| and singular the property and franchises before
mentioned. and more particularly desert bed in
| said indenture at public auction. at such time and
| place in the city OF New York OF in the city Sf
New Orleans as tbs said Governor and his eucces-
! sors in office NAV designate and appoint. having
first notice of the time and plaza OF sale by
advertisement. published not less than elk weeks
immediately PRIOR 70 the time designated 'or such
| sale. IN oae more OF the daily newspapers pub.
lished IN each O; said cities OF New York and New
Orleans ana in each and every issue OF said daily
newspaPerss ana tine SAG sov.fnos or his .1e'
authorized BY said indenture to make convey.
ance of the property SO sold to the purchaser. and
| the said sndenture further empowers the sale Of
said property. real and personal! and the franchise
aforesaid IN such portions as the said Governor OF
his successor in office NAV deem advisable, having
lust reference 70 the nights and interests of al!
parties to be affected thereby. and duly observing
| the laws of the state of Louisiana and the pro
| visions q said indensure i'll reference thereto.
Aud the said lndenture further provides, that in
| making such sale. reference shall be had to the
I PROVISIONS Of the third and thirteeNth sections OF
H.. said act OF the General Assembly OF The State
of Louisiana. approved February -. 1853. which
| provides that the rolling stock and personal prop
erty shall appertan to that portion Of the m all.
line OF railroad W hch snail have been constructed
I and operated. and shall be apport;oned equally
upon each mile thereof. and shah be deemed pro.
ceeds of the completed portion Of the road. and
tina, y sale may be maize OF said railrOad subject ia
the lien ~ the first mort gage and accrued interest
1 thereon, mentioned in said act. which is mort.
| gage to bonds 10 the extent Of SIP 500.
and accrued interest .herear. per. mile; and.
| in compliance with terms OF said acs Of
| the General Assembly. approved February IL.
Secretary Of State of me state Of Louisiana;
| ana. whereas. said company has is.usd bonds Of
i 1900 each, dated Juiv 1870 PAYABLE on the trs.
OF july in the year 1918. 18th eight pee cent inter
est per anEum. payable semi annually. on the first
| day of January and July OF each year said inter.
rs. being represented Ly coupons Of 20 each. an.
I r.y cd IN eaIE
! guaranteed by the STATE OF Louisiana in the man.
| ner and in accordance with the provisions of said
act approved FEBRUARY il, 1869; and, whereas. the
| said company has made default in the payment OF
| the int yes. said bonds guaranteed, and said
said company more taan sixty days after the sarae
! became due and was demanded 81 said company:
and. whereas. said default has continued up 10 tn.
| present time. Now. therefore. by virtue Of the
| power and authority in vested by said act 81
| the General Assembly. approved seventeenth o!
February. 1867. and said inden'ure OF mortgage
| ds.ed July !. 1870. and trusie. unde;
! said act and said !ndensure OF mortgage.
| will proceed. through G. Z. Girardev. alactioH'
| eer in the city of New Drleaflh. whom dIereby
I designate my agent and attorney for u az pur.
pcse 10 sell saiG main line :" railroad IT'S franchise
| and appurteuances. herenbeIor. mentioned ard
described. at public anc'ion. to the hishtst bidder.
for cash, a: Twelve o'clock NJ. at the Sc. Charles
auction E..hansr, N :s ho'nnS. o. me e, 81 ~.
| NBSDAY, September 30 1874, III tl,s following
tion. and subject 10 the lien Of the FIST mortgage,
! which il q lien securing first mortgage. bonded ID
The ex. ne Of IL $50 per mile, and the purchaser
it well undesetooc. il take the property adjudi.
| Gated subject to card membranes, and the bid
which h. makes viii II, considered . bid for 50
! much ovss and sb.ve SAID ncumhTauce. md the
| entire amount bid IS 20 D.. paid IL cash Sithout
! any deduction whatever.
! The man lin. OF ra.l.oad 20 be s,'d commence.
| a. ths point WestHeg". opposite the city q: New
orleans, the west hank OF the Mississippi river
] and .xts nds westward toward and 10 lie poiB:
| wne.e it intersects and crosses III" western
boundary OF III. State .! Louisiana, in The parish
| of Calca5.u, ~ virtu. OF The provisions of said
q
| ana, approved sevent.en.h February, 1863. the
rolling stock an" personal propeft! ia appGrtIoned
(" That scrio:. o.; Tie sosd completed. sn. u opera
! ton.
! The sac Sili ". N,Sc III sections as follows:
Section !. From The point ".stwego, opposite
The erv of H.w Orleans, on tho west bank o! tn.
| Mississippi river 20 "a distance If seventy miles
and embraces al the niaIs line 0! road completed
and Ia opera'io., and 10 this section is ncu0ed al!
the rolling stock, ears. engines and personal prop
erty OF the company ATTACHED 70 the ~!ole q; said
Section !. Al! the .isi., .i-,e .n: i,..,es: .ha'
I the State Of Louisiana may haze in :.n1 20 the
I property lying b.' po4n. .listane seventy
miles from tae :o!.: W.s;weg" and tie Sabine
l ysver.
The purchaser % each section respectively
! acquires all the tights of way, ;oai, beds
| and super structures. and all ntnes ygh.s IN
| terests and estates of the company u anS
| to tie !ands occupied by the company. era
| braced within The territorial limits Of the sec
| ticns, and also all depots, statiOnhouses. engiDe
or caThouses, ~eodhOuses, freight or storeh ol5es
warehouses. sheds, wharves, machine saops
\ sldlngs. repair Shops business Or other ouces,
| shops, and buildings situated within the limits vi
1 each section respectively. and also the corporate
franchises and privileges granted oy me sta.e o.
| Louisiana, in respect to the constructive opera.
tioDs. and are Of said main line OF IosH. arc ac'
| quired by the resuectve purchasers OF each sec
ton, SO far a. they are applicable 70 tne secti"ns
'''''"Sso' WILLIAM p KELLOGG.
/ &C. GiRARDEY,
! AucfioueAf and agent designated to make sale,