New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-09-19

road, West Of the Mississippi River.
and it, Appurtennnces and Franchise.
vBERgAs, THE NEW ORLEANS, MOBILE AND
" Texas Railroad Company, corporation Gre
ated by the State OF Alabama bv an act o the
GENERA. Assembly OF said State, emitted an act
10 the New Orleans Noble ana Chat
"a 4doo, which said corporation was recognized
and approved as a body polite and corporate by an
&C: OF the General Assembly Of the State of Lou
slana entitled IAN act relative the New Or leans.
Mobile and Chattanooga Railroad Company, a cor
porston of the State of Alabama and autho rlzlnS
and empowering said company TO exercise and
enIov its corporate powers and franchise in the
Stat. OF Loa Lou approved August is 1888 the
changed by authority OF a JOINT resolution Of the
General Assembly of the State of Louisiana approx
ed eighteenth April, 1871 from the New Orleans
Mobile and Chattanooga Railroad 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
Com panv.' and by virtue Of the provisions of An
&C: Of the General Assembly OF the State Lousi-
ana entitled act to expedite the ion of
the railroad OF the New Orleans. Mobile and Chat
tanooga Railroad Company in the State OF Lousi-
ana approve. February L. 1859, execute al linden
ttre the first day of July. in the wear 1870 be-
tween it ar the Governor of the State of Louisi-
ana. as trustee, for the purpose of securing the
payment Of the principal and interest of certain
sew Orleans, Noble and Chattanooga Railroad
Company, guaranteed BY the State OF louisiana
and for the further purpose of securing the
State of Louisiana as guarantor OF said
the then Governor @. the State Of Louisiana
and his successors i'll office, as trustees,
the main line of railroad of the said company con
strUcttd or to be constructed in that part of the
State OF LOUISIANA lying west OF the Mss sippi
river. The said main line extending from the
point where shall intersect the Nississ;pp river
Opposite the city o: New Orleans. westward to the
point where il SHALL cross the western boundary OF
the State OF Louisiana ia the parish OF Ca.casieu;
also az! the RICH of any road beds and superstruC
tions OF the said line OF railroad. and all the other
rights. interests and estates of the said company
thereafter to be acquired for that purpose, and
all depots, station houses, engine houses
wood houses, sheCs. wharveS machine shops, re-
pair shops business offices. and other offices shops
and buildings. all engines and tenders, cars and
Other rolling stock, all machinery, fixtures.
fue, and material and al. real and personal
estate within the State OF louisiana ap
pur;enant to or necessary for the operation Of said
main line of railroad then owned or thereafter &C
4ui:ed by sad company. and also all the corporate
franchises aad privileges OF said company granted
by the State or Louisiana relative to the Construc
ton. operation and use OF said main line of railrcad
any pa,t thereof in said State of Louisiana and
act, approve, February IL. 1860, provides that in
case cefaul. shall be made BIZ said company in the
bonds. or any part of them and the same shall
main in arrears for sixty GAYS after becoming due
and being demanded of said company the priuci-
pal OF all the bonds secured by said ndentUre and
then outstanGi ing shall upon the expiration of said
sixty DAYS become due and PAYABLE, and il case OF
such default it shall e lawful for the Governor of
Louisiana and his successors in Office personally
or by attorney. or attorneys, or agents. or
agent. 20 DO selected and empowered for
that purpose by the Governor aforesaid and his
Successors IN Office to sell and dispose of all
and singular the property and franchises before
sad indeature at puDic auction, at such time and
place j.. the CITY of New York in the city of
New Orleans as the said Governor and his success
! sors in office may designate and appoint, having
first given notice of the me aud place Of eale by
! advertisement published not less than six weeks
Immediately prior to the time designated for such
| sale. il oae 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
| newspapers And the said Governor Or his euG-
cessors in Office is, on the completion Of such sale
1 authorized By said indenture TO make q convey
4 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 MAJ deem advisable having
lust reference to tae rights and interests of all
parties to be Affected thereby, and duly Obser wing
| the laws of the State OF Louisiana aud the pro.
visions OF said indenture in reference thereto.
| And the said udenture further provides, that in
! making such SALE reference shall he had to the
tie said act of the General Assembly of the State
| OF Louisiana, approved February II. 1859, which
| srtv shall appertain. to that portion Of the main
line Of railroad whic, snail have been constructed
ard operated, and shat, be apportoued equally
upon each mile thereof and shall be deemed pro-
| ceeds OF the completed portion OF the road and
:,a. sale may be ade of said railroad subject to
the Zen o: tie first mortgage and accrued interest
| thereon mentioned in sad act, which is a mort
sa-e to secure bonds 10 the extent OF sl2,5oo,
| ar.I accrued interest thereon. per mill: and,
| whereas, said indentUre OF second mortgage,
| j; compliance WITT terms Of said act of
the Genera; Assembly; approved February II,
| 1903. was duly recorded IN the ONCE of the
| Secretary OF State of TIE state OF Louisiana;
| and. whereas said COMPANY ha. .ss,.ei bonds of
*ime eaci.. dated July is7e. payable on the first
o: July IL the year 1915. With eight pc, cent inter
es: per anutil., payable sen annually. Oh the first
day of January and Julv OF each year. sad inter
es. being represented by coupons Of S a. each, an
| :.exei 10 SAID bonds and said bonds have been
| guaranteed b. the State OF Louisiana in the man
ne. an. n aGcSrtaace WIN , the proTis9s OF sa
said company has made default in the payne1: OF
l TIE interest OF sad bonds SO guaranteed and said
said company more than sixty days after she same
became due and was demanded OF said company.
and whereas. sad default has continued up TO he
presen. time. Now. therefore. by virtue of the
! power and authority in me vested by said ace OF
the General Assembly, approved seventeenth: OF
dated July l. 1870. and as trustee Under
sad act and SAID ndensure of mortgage
| will proceed. throusi. q. E. Girardev, auction
| ee.. N the city of New Orleans, whom hereby
| designate as my agent and attorney for ira. puE
pose. 20 Sci! sad main line Of railroad. its franchise
| and appurtenances, hereinbefOre mentIOHeI and
described, at public auction. to the ligAes: bidder
| FOR cash. at twelve O'Clock NJ, at the S. Charles
I Auction Exchange. il the RotInda o: III. -
| Charles Hotei. in the city Of New Orleans WE'D
| SESDAf, September 30, 1874, in she foilowin: sec
.ion. and subject 10 tine lien of tbs fist mort gage
which is !ie:. securing frs. mortgage bonded Il
ti.e extent OF ", 500 per mile, and the purchaser
i. IS well understood is to take the property adj
which he makes viii be consjdeIed a bid 10: 81
much owe. and above said incu;nbrance. aHi tint
entire amount Did is to be par! III cash, ".taou
The main line of railroa.! 70 be sold nmsnce
a. the point WestweSo. opposite -. city OF New
Oylears OF :he west bank OF the Mis.issi3pi give:
and extend. westward toward and 10 :Ae pom
where il ;nte.sects and crosse. the. western
boundary @: the state o: Louisiana, in the pa:!sl
OF Calcasieu. Dv virtue of the provisions OF sais
| sc: o: the General Assembly OF tine State Of Louis