New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-22

New Orleans, NOb1Io and Texas Ratls
road, West of the Mississippi River,
| and its Appurtenances and Franchise.
| WBERRAS, THE NEW ORLEANS. MOBILE AND
w Texas Railroad Company. corporation Gre
ssea BY the state Of Aiabsme BY an act OF the
to incorporate the New Orleans, Mobile and Chat
tanoogs Railroad Company" approved Novem ber
and approved as body polite and corporate by an
l act OF the General Assembly of the State Of Lou
Mobile and Chattanoosa Railroad Company, a cor.
poration OF the State Of Alabama, and authorizing
ana eim M said company to exercise and
name q .aid company having been subsequently
General Assembly Of the State Of Louisiana Approx.
ed eighteenth April, 1871, from the New Orleans,
New Orleans, Mobile and Texas Railroad c Com.
pany, did, under it's original name. to wit: "The
| Company" and by virtue of the provisions of an
Of the General Assembly of the State Of Louisi-
entitled an act to expedite the Of
ana approved February H. 1853, execute an iDSen
tween it and the Governor Of the State of Louis
| ana. trustee, for the purpose Of securing the
az .eed a of s
| New Orleans, Mobile and Chattanooga Railroad
Company, guaranteed by the State of Louisiana,
Sonds and did y said inSennrs convey to
and his successors in Office, as trustees,
the main line of railroad of the said company con-
81 Ss ns sss d h se % S n
river. The said main line extending from the
point where It shall intersect the Mississippi river
point where it shall cross the western boundary Of
the State of Louisiana, in the parish of Calcasieu;
also all the rights of any road beds and superstruc-
lions Of the said line of railroad and all the other
rights interests and estates of the said company
G the tn be
| all depots station houses. engine houses car
| houses, freight houses storehouses, warehouses,
wood houses, Sheds wharves, machine shops, re-
pair shops. business Offices and other offices, shops
and buildings, all engines and tenders, cars and
faei and material, and all real and personal
estate within the State of Louisiana ap-
@ o. sae
quired by said company, and also all the corporate
franchises and privileges OF said company granted
ton. operation and of said main line Of railroad
any part thereof in said State of Louisiana, and
act approved February ~, 1869, provides that in
| case default shall be made by said company in the
payment OF the interest of said second mortgage
main in arrears for sixty days after becoming due
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 in case of
! i
Louisiana and his successors in Office personally
or by attorney or attorneys, or agents, or
agent 70 oe s zee arsr and fGr
| successors IN Office to sell and dispose Of all
and singular the property and franchises before
said indenture at public auction at such time and
| place in the city of New York or in the city Of
New Orleans 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
advertisement published not less than ak weeks
i imU mi 6aniU I'D
sale, in one or more OF the daily newspapers pub
| lished in each of said cities OF New York and New
] newspapers. And the said Governor or his auc-
eessors in Office is on the completion of such SALE
| 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 the said Governor or
his successor in office may deem advisable, having
| just reference to the nights 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.
making such sale, reference shall be had to the
provisions of the third and thirteenth sections of
the said act of the General Assembly of the State
! of Louisiana, approved February II, 1862 which
provides that the rolling stock and personal prop
| erty shall appertan to that portion of the main
| and operated, and shall be apportioned equally
| upon each mile thereof, and shah be deemed pro-
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 a mort
| gage to secure bonds to the extent of S12500,
| and accrued interest thereon, per mile; and,
! whereas. said indenture of second mortgage
in compliance with terms Of said act OF
! the General Assembly, approved February H.
1863, was duly recorded in the office of the
and whereas, said company has issued bonds Of
$1,000 each, dated July l, 1870 payable ON the first
OF July, in the year 1915, with eight per cent inter-
| est per aunum, payable semannually. the first
day of January and July of each year said inter-
est being REPRESENTED by coupons of $40 each, an
guaranteed by the State of Louisiana in the man.
ner and in accordance with the provisions of said
act approved February T. 1889; and whereas, the
the int rest on said bonds SO guaranteed, and said
interest has remained in and unpaid by the
| became due and was demanded of said company;
and, Whereas said default has continued up to the
power and authority in me vested BY said act OF
A snd y re- Of
| said act and said indenture of mortgage,
will proceed, through G. E. Girardev,- auction
designate as my agent and attorney for that pur.
pose, to sell said main line of railroad its franchise
described, at public auction, to the highest bidder
for cash. at twelve O'Clock ", at the st. Charles
| Auction Exchange, in the Rotunda of the St.
Charles Hotel. in the city Of New Orleans on WE'D
NESDAY, September 49, 1874, in the following Sec
tons, and subject to the lien Of the first mortgage
which is lien securing first mortgage, bonded to
the extent OF Sl2 500 per mile and the purchaser
is well understood. is to take the property adud
Gated subject to said Membranes and the bid
| which he makes will be considered bid for SO
much over and abeve said incumbrance, and the
entire amount bid is to be 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, on the west bank Of the Mississippi river
and extends westward toward and to the point
where it intersects and crosses the western
boundary of the state of Louisiana in the parish
of Calcaseu. by virtue of the provisions of said
act of the General Assembly OF the State of LOuis
ana, approved seventeenth February, 1859, the
rolling stock and personal property is app0ftoned
to that portion of the road completed and In opera
| ton.
The sale viii be made in sections as follows
Section 1. From the point Westwego opposite
the city of New Orleans, on the west bank of the
| mississippi river, to distance of seventy miles,
and in operation. and in this section is included all
the rolling stock, cars. engines and personal prop
erty of the company ATTACHED to the whole OF said
main line of road.
the State of Louisiana may have in and to the
property lying between point distant seventy
miles from the point Westwego and the Sabine
river.
The purchaser of each section respectively
acquires all the rights Of way, road, beds.
and superstructures and all other rights in.
terests and estates of the company in and
to the lands occupied by the company, en-
braced within the territorial limits Of the Sec
tons, and also all depots stationhouses, engine
or carhocses, weodhouses, freight or storehouses
warehouses, sheds, wharves, machine shops,
sidings, repair shops, business or other offices,
shops, and buildings situated within the limits OF
each section respectively, and also the corporate
franchises and privileges granted by the State OF
1 louisiana in respect to the constructive opera
TONS and are Of said main line of road. are &C.
quired by the res ective purchasers OF each sec
| ton, SO far as they are applicable to the sections
l purchased.