Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-06-09
xfsal Hotites.


supreme C0urt.-Jauuary Term.
Hoe. HOYr Il. WHEELER p-os,di,, r,5~,
non. HOMER T.. ROYCE
Hon. Hon. E 4. H.as1 rS3s:. Justices.
MORTGAGES, SALE OF RAIL-
ROAD, &c.
WHEREAS, the Vermont Central Railroad
bsarir 1odnpsny, BY deed Of trust and mortgage,
oeaIIns Date the twentieth day OF May A ID. I-52
conveyed to ii. III. IIunnewell. Robert q. Hooper
sL y. u oresersol. all Of Boston, Trustees and 10
so survivor or survivors Of them and Of their sue
cessors to be appointed in the manner HEREINAFTER
piosleed IN case vacancies should occur 'the rail-
oai anu franchise OF said company, called the YER
1ns Oehtrai Railroad, as the same is located con
| suueted, and improved, and as the same NAV here
after pc legally located, constructed and improved
81. ~ company extending from Windsor, in tho
80 ~. pI vermont, to Burlington, in said State, and
also the stations engine houses shops wood houses
| I'm, sieepers, and other appendases with ALI the
ana snerelo belonging and intended for the
snu accohodaton OF said road, as they now are and
a. tney may be II repaired and improved together
% III me locomotives engines. passenger, fret yht
-. ntnu anu other cars, and all the other personal
| property, belonging to said company as The .ams
now Is IN use by said company, or as the same NAV
De hereafter changed or renewed by said company.
suDJect however TO all the rights and PRIVILEGES
Nhlen the vermont and Canada Railroad Company
nave IN and 10 the above granted premises A. cor
e ~ .le several indentures between said Yer
mont central Railroad Company and the aid var
mont ana Canada Railroad Company, severaliy.
uated AUGUST It'll A. ID. lSlg. January llth A ID
/ u. n he
.~ ol 81 Adams. at franklin county. in the state
OF vermont, reference 10 which is made; and suh
lect 70 PRIOR mortase set forth in an indenture
.aie anu executed on the twentieth day of Octoher
| A. ID l,lI. by and between the said Vermont Cen
tral railroad Company OF the first part and William,
| nleis anu Chas U. Nhitmore, Of Boston, and John
si m OF st. Adams Trustees of the second mart
ana iuly recorded in the State o. Vermont. and 10
| "hieh reference is made. and which mortgage was
aue a security for the pa yment bonds issued hy
,he sad Vermont Central Railroad Company Il The
amount OF two million OF dollars - and said deed
| .. t.usi and mortase was made upon the condi-
Nont aat SAID Vermont Central Railroad Comnanv
should well and truly pay or cause 10 be t,aid ma
aecru NJ interest upon the notes or bonds of aid
company, Issued or 10 be issued by said company 10
| The amount Of one million I've hundred thousand
dollars accord NJ 90 the tenor thereof and also IN
pay the principle thereof pursuant to their promise
When the same became DUE
| And whereas, in and by said deed OF trust and
| moriaSe il was -reed by and between the parties
thereto that u at any zine there shall be a breach
| Of The condition IN re1f by the uon-paymeut OF
interest when due, or the ment Of pr ncipai
| "htu que i9r the space OF SIX months after tho
monct 80 falls due and two-th ris IN amount OF the
holders oil sad notes OF bonds shall request it IN
wri;ln- under their hands, the granted premises
| and property may upon such neglect be sold AZ
public auction by said Trustees or the survivor Of
them and their successors subject however to all
| the rights created and existing under prior mort
CAGES and lnermbrances. and OF that purpose the
| party Of the first part hereby empowers them BY
an authority irreyocsble, both to sell and convey
~ iced or deeds under their bonds and seals the
SAID franchise premises and property 10 the pur-
chaser or purchasers" they giving three mouths
notice OF any intended sale by publishing an al
veItisement thereof in newspaper, at least in
the county OF suffolk, in the State Of Massachusetts
AMI n each Of the counties Of ChttenGen Washing
| ton and Windsor, IN the state of Vermont stating
therein the time aud place %. sale.
AND whereas. the undersigned have been duly
appointed agreeable O. and IN accordance with tho
| terms and provisions Of said ceel OF trust and
norta.e Trustees, 10 fill vacancies which have oc-
eurcei n said Board o.. Trustees and have ac
copied said appointment and have thereby become
the successors Of the Trustees or nal Is named N
SAD deeds and clothed with the same powers which
| they would have had II they hat been original
parties u said Instrument; ara that holders or the
notes or bonds secured By sad deed g trust and
mortgages u an amount exceeding Two thirds a
aiuoua- OF said lo-es lli bonds issued ~ Aforesaid.
have requested IN wrI,in- under their haads that
the slio --antet premises and property may he
sold al public auction provided in said deed Tor
the reason that there has been breach in the
condition named in sad deed % trust and mort
saSe, IN this. that there mas been non payment
| % the interest when nas become due upon said
notes or bonds ipr more than the space OF six
months after the money became das, to w.t. Tor the
| space Of several years past.
Therefore the unders saed live notice that all
the premises operty. rights ald privileges named
ana descr bed "a SAID deed ot trust and m0rtza 20,
bearing date the twentieth DAY o; NAV, A. D. l-1,
Will he sold at public auction, the Court House.
in the town o. Montpelier. in the County Of Wash
n-ton, on Tuesday tie twenty second day OfJune,
A. D. le75. at twelve o'clock. noon subject To the
membranes named in said deed Of trust and
mortgage and alsl % any other liens and claims
- "
o. said property, under direction Of the Court OF
Chancery Tor the state oi Vermont.
Terms Cash.
Dated the fifteenth day Of March, A. D. 1875.
ySRTHNSTSN c. SMITH see P6a'i Mert q
josE E i. CONVERSE vermont Rl E. Ger Central
March 10, ISIS.
The above sale is adjourned to the 3st day OF
August, A d. ISIS, at the same place and timeot
Montpelier Juno 21d. IS75.
WORTHINGTON {. SMITH,
| ESTES HOWE. Trustees
JOSEPH u. CONVERSE,
MONTPELIER, Aug 81, ISIS.
| The above sale IS further adjourned 10 the 10Th
day Of October, 1873, at the same place, at four
| WORTHINGTON c. SMITH,
| ESTES HOWE Trustees.
JOSEPH IL. CONVERSE,
The above sale is adjourned to the 2sth day Of
| December l--5, at the same place and time Of dsy.
KORTHINGTON c. sMITH,) Trustees ID
| ESTES HOWE, Mort-a.e Bends
| j. II. CONVERSE. V.C.R. r..
Montpelier, Oct. 18th, iS1I.
The above sale Is further adjourned to Tuesday,
the 18th day OF February, lss6, at the same place
and time OF day.
Montpelier, December 2sth, Is75.
| WORTHlRGTON q. SMITH,
{ [sTsS IH & foNVEESE' Trustees
The above salo is adjourned to the 3th day OF
Miy 1876, at the same place and time Of day.
| Montpelier. Feb 2ath so.
| MOKrIilNGTuN {. SMITII,) Trustees ID
ESTES HOWE, M,ri-a &C Bonds,
| w. Central K. K.
| The above sale IS adjourned 70 the 9TH day OF
September, l-l6, at the same place and time OF day.
| Montpelier, May aHh, 1870.
NORrHIN6rnS &. SMITH,
ESTE5 HOWE, Trustees
| JOSEPH II. CONVERSE.
| June 3-i4git