New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-18
OFFICIAL NOTICES,
AUCTION SALE.
Trustees Sale of the Main Lsne OF the
New Orleans, Mobile and Texas Rail-
road, West Of the Mississippi River,
and its Appurrenances and Franchise.

road, West of the Mississippi River,
and its Appurtenances and franchise.
WHEREAS, THE NEW ORLEANS, MOBIL E AND
w Texas Railroad Company, corporation
ated by the State Of Alabama by an an, act OF the
General Assemb Y OF SAID state, entitled IAN act
to incorporate the New Orleans, Mobile and Chat
5an9 1es kairSad Company" approved November
and approved as body polite and corporate by
act OF the General Assembly of the State of Lou
Mobile and Chattanooga Railroad Company a cor
poration of the State of Alabama and authorizing
enjoy its corporate powers and franchise in the
State of Louisiana" approved August 49, 1888, 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 Com
orc Noble s n TO Wit harGb as
Company" and by virtue of the provisions of an
act of the General Assembly of the State OF Louis
the railroad Of the New orleans. Mobile and Chat
| tanooga Railroad Company in the State of Louisi-
approved February II, 1869, execute an inden-
ture the first day of July. in the year 1870. be-
tween it ard the Governor of the state Of Louisi
ana, trustee, for the purpose of securing the
payment of the principal and interest of certain
bonds, known as second mortgage bonds OF the
aud Tor the further purpose OF securing the
ond dd sT said a M sa TO
the then Governor of the state of Louisiana,
and his, successors in office, as trustees,
the main lIne OF railroad of the said company
structed to be constructed in that part of the
State of Louisiana lying west OF the Mississippi
point where it shall intersect the Mississippi river
opposite the city OF New Orleans, westward to the
point where it shah cross the western boundary of
the state of Louisiana, in the parish of Cacasieu;
also all the rShtsof any road oeus ard superstruc-
tons OF the SAD ne OF soaq a., anc sa al the oser
in and TO the lands occupied BY said 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. re-
pair chops. business offices. and other Offices, shops
other rolling stoch, all machinery, hxturea.
| estate NV within the '' state of Louisiana ap.
puTerant to necessary for the operation of said
main Inc ofrailroad then owned or thereafter &C
ouired By said company, and also all the corporate
franchises and privileges OF said company granted
by the State of Louisis relative to the construc
any part thereof in said State of Louisiana, and
sadirdenture IN pursuance OF the provisions OF said
case default shall be made by said company in the
payment of the interest of said second mortgage
bonds. any part of them, and the same shall
main in arrears for sixty days after becoming duo
and being demanded OF said 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 payable and III 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 III Office TO sell and dispose of all
| and singular the property and franchises before
mentioned and more particularly desert bed II
said lndenture at public auction at such time and
| place in the city OF New York i'll the city of
few Orleans as the said Governor and his success.
| sors il office may designate and appoint, having
first given notice of the time and PLACES of sale by
advert isement, published not less than six weeks
immediately pT1or to the time designated for such
sale in one or more OF tue daily newspapers pub
lished in each of said cities Of New York and Now
Orleans, in each and every issue OF said daily
newspapers. And the sad Governor or his tuc-
cessors in Office is. on the completion of such sale,
authorized by said indenture to make d convey
ance of the property so sold TO the purchaser and
| the said iuGenture further empowers the sale Of
aforesaid il such portions as the said Governor or
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 and the pro.
| visions OF said indenture in reference thereto.
And the said indenture further provides, that in
| making such sale, reference shall be lad to the
provisions Of the third and thirteenth sections of
the said act of the General Assembly OF the State
of Louisiana, approved February H. 1899, which
provides that the rolling stock and personal prop
erty shall appertain TO that portion OF the main
| and operated and shall be apportoned equally
upon each mile thereof, and shal be deemed pro-
| ceeds of the competed 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 mort
gage 10 secure bonds the extent Of Sl2 500,
| and accrued interest thereon per mile; and
IN compliance wiIh terms OF said act OF
the General Assembly, approved February II,
1859, was duly. recorded in the oaice Of the
Secretary OF State of the State of Louisiana;
and. whereas, said company has issued bonds OF
1000 each dated July l, 49, payable the first
OF July, in the year 1915, with eight per cent inter
est per aununl payable semi-srnually, the fYst
day OF January and July of each year said inter
esr being represented by coupons Of IS 40 each an.
ncxed to said bonds and said bonds have been
guaranteed by the state OF Louisiana in the
| ner and in accordance with the provisions of said
e VII Z In
said company has made default in the payrnent of
the int rest on said bonds guaranteed and said
interest has remained il arrears ard unpaid bv the
said company more than sixty days after the same
became due and was demanded Of said company;
present time. Now, therefore, by virtue Of tho
power and authority in me vested by said act OF
Febrnary 1851 ard Said ndenur Set Of o on. e.
dated July ! lG19 rand as trustee under
I will proceed, through 6. E. Girardey auction,
eer. in the city Of New Orleans, whom hereby
designate as my agent and attorney for Nat pur-
pose, to sell said main line Of railroad, Its franchise
| and appurtenances, hereinbefora mentioned and
described at public auction to the highest bidder,
| for cash, at twelve O'clock NJ. at the St. Charles
| AnotIon exchange in the Rotunda Of tho st.
Charles Hotel in the city OF New Orleans, Oil WE'D
NESDAY, September 30, 1874 in the following sec
tions, and snbject TO the lien OF the first mortgage
which Is g lien securing first mortgage, bonded to
the exttst of $l2 800 per mile, and the purchaser
il well understood is to take the property adjudi-
| Gated subject to said membranes, and the bid
| which he makes VIII be considered bid for so
| entire amount bid Is to be paid IL cash. without
any deduction whatever.
The main line of railroad 20 be sold commences
at the point Westwego, opposite the city of New
Orleans, or the west bank OF the Mississippi river
and extends westward toward ard 10 Tie poipt
| where it ntersects and crosses the western
boundary of the State Of louisiana in she parish
| of Cacasicu by virtue OF the provisions Of said
act of the General Assembly of the state OF Louis
ana, approved seventeenth February, 1869, the
rolling stock and personal property is app6rtloued
t. that portion OF the road Completed and in opera q
| ton.
| The sale will be ulaGe IN sections, as follows:
section l. From the point Westwego opposite
| the city OF New Orleans on the west bank Of the
Mississippi river 70 distance of seventy rpes q
and embraces all the mann line OF road cofnpletpd
and in operation, and IL this section is included all
the rolling stock, cars eDgiaes and personal prop
erty Of the company attached 70 the whole oSsaid
man line Of road.
Section 2. All the right title and interest thae
| the state OF Louisiana may have in and to the
| property lying between point distant seo-enty
| miles from the point Westwego and the Sabine
river.
The purchaser OF each section respectively
| acquires all the rights OF way, roaf, beds,
| ana superstructures, and all otuer rights In
terests AID estates OF the company in and
| to tae lands occupied by the COMPANY, en-
braced within the territorial limits Of the sec.
| tons, and also an depotg, statioulouses engine
Or carhouse5, woodhouses, freight or storeh ouses,
| warehouses, sheds WLarTes, machine shops,
| sdings, repair shops, business other Offices,
shops, and buildings situated within the limits OF
| franchises and privileges granted BIZ the STATE o.
| Louisiana, IN respect to ma constructive opera
tons, ana are OF sAid main line OF road, are &C
| CURED Dy the RESPECTIVE purchasers OF each sec
ZION, 30 Lar as they axe applicable to the sectIons
| ,rchasea. .e-
, WILLIAM P KELLOGG,
Governor and Trustee
| g. E. GlRARDEf,
~ -r-sr -va+C 10. IN. 4 -vf.