Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-01-19

ouprtmt tOurt.-Jhuuarl lcTm
Hon. HoYT II. WHEELER, Presiding Judge.
Hon. Ii. HENRY POWERS,
MoRTGAGEEs' SALE or RAIL
ROAD, &c.
WHEREAS, the Vermont Central Railroad
w Company, by deed of trust and MORTGAGE
bearing date the twentieth day Of May, A. ID. 49,
conveyed to ii. II. Hunneweil. Robert c. Hooper
ana H. d. GregersOn, all of Boston, Trustees and to
the survivor or survivors of them and OF their sue
cessOrs 70 be appointed in the manner hereinafter
pfOvlced in case vacancies should occur, the rail-
road and franchise of said company, called the
mont central Railroad, as the same is located, con
structed, and improved, and as the same may here
after De legally located constructed and improved
| oy sald company, extending from WiodsOr. in the
osate o. vermont, to arlington, in said State and
sO the stations, engine houses, shOps wOed houses
IRON, sieepers, and other appepdases with all the
| lands thereto belonging and intended for the
ana accommodation of said road, as they are and
a. ,hey may be If repaired and improved, together
with all the locomotives engnes. passenger ght,
urt hand and other cars and all the other personal
property, belonging to said company, the same
now is in use by said company, or as the same may
| be hereafter changed or renewed by said company
SUBJECT however to all the rights and privileges
Which the Vermont and Canada Railroad Company
nave IN and to the above granted premises con-
taned in the several indentures between said Yer
mont central Railroad Company and the said Yer
mont and Canada Railroad Company, severaily,
dated August 18th A. ID. 1919, January llth, A II.
s5o, and July 9th A. ID. 1850, and recorded at the
VI o.. A4Dans at franklin county, IN the State
OF vermont reference to which is made and sub
yect 10 prior mortage set forth in indenture
maze and executed on the twentieth day OF OetObar
A D. ISL. by and between the said Vermont Cen
tral Railroad Company fthe first part, and William
Amory and Chas. U. Whitmore, of Boston, and John
SMITH Of St. Adams, as Trustees, of the second part
and duly recorded in the State Of Vermont, and "
winch reference is made, and which mortgage was |
made as security for the payment bonds issued by
me SAID Vermont Central Railroad Company to the |
amount OF two million Of dollars !" and said deed
OF trust and mOrtage was made upon the condi- |
ton that said Vermont Central Railroad Company /
SHOULD well and truly pay or cause to be paid tho |
acctu'hs interest upon the notes bonds Of said /
company, issued or to be issued by said company to
the amount ofone million five hundred thousand |
uoiais according to the tenor thereof and also to
Pay tne principle thereof pursuant to their promise
When the same became DUE"
And whereas, in and by said deed Of trust and |
mortase II was agreed by and between the a-ties
thereto that If at any time there shall be breach
81 the condition tht Roof, by the non-pay Inont OF
interest when due, or the nOn-pay Of principal
Nhen due for the space Of six months after the
money So falls DUE and two-thirds in amount Of the
holders OF said notes or bonds shall request IL in
writing under their hands, the granted premises
anu property may upon such neglect be sold at
puDIlc auction by said Trustees or tho survivor Of
them and their successors, subject however 10 ali
the rights created and existing under prior mort |
sases anu incumbrances, and for that purpose The
party OF the first part hereby empowers them by
an authority irrevocable both to sell and convey
by deed or Deeds under their bonds and sea IS the
c sa ,rancnse premises and property TO the lur
chassr or purchasers they giving three mDu ms
notice OF any intended sale by publishing an ac-
vertlsement thereof in one newspaper at Iaa.t in
the county ofsuolk, in the State Of Massachusetts
anu IN eich OF the counties of Chittenien, Washing
TON and WINDSOR in the state OF Vermont stating
therein the time and place of sale.
ana whereas. the undersiyned have besn duIy |
appointed, agreeable to and in acco dance with the
terms and provisions Of said deed of tru.t and
nortage Trustees, to fill vacancies which have &C.
CURED IN said Board Of Trustees and have ac-
cepted said appointment and have thereby become
the successors OF the trustees originally named IN
stu ueeos and Clothed with the same powers which
tney would nave had If they had been Ori sinal
parties To SAID instrument and that holders o; the
notes or bonds secured by said deed OF Trust ana
mortgages to an amount exceeding two thirds N
amount OF said notes and bonds issued as Aforesaid
averequested in writing under their hlLd. tnst
the SAID granted premises and property may be
sou AT pubic auction provided in said deed for
me reason that there has been breach in the
eOndition named in said deed OF trust and mort
gag, In thus that there has been a non-payment
oi mo interest which has become due upon said
notes or bonds for more than the space of six
months alter the money became due, to wit, for the
space OF several years past.
Therefore, the undersigned give notice that all
the premises property. rights and privileges named
anu described in said deed OF trust ana mortgage |
bearing date the twentieth day ot Nav A d. ISI1 |
Will De sold at public auction, at the Court House
In the town OF Montpelier, in the County OF Wash
ington on Tuesday, the twenty second day Of June
A ID. 1870, at twelve O'Clock, loon subject 10 the
membranes named in said deed Of ust and
mortgage, ana also TO any other liens and claims
existing thereon growing out OF the administration
OF said property, under direction Of the Court of
onnsncery lot the State OF Vermont.
Terms Cash.
Dated the fifteenth day Of March. a. d. 1915.
WoRTHINGTON C. SMITH, Trustees Of
JOSEPH Ii. CUNvERsF, vermont Central
March 10, 1873
The above sale is adjourned to the 3lst DAY OF
day.
Montpelier June 22d 1875.
NORTHAMPTON 4. SMITH,
ESTES HOWE, STtustee, |
JOSEPH Ii. CONVERSE,
MONTPELIER. Aug 81, ISIS.
The above sale is further adjourned TO the 18th
Gay 9i October, 1870, At the same place, 1T Iour
O'Clock p. II.
W MORT C. SMITH,
josEPH il. CONVERSE. 'iu'''S''
The above sale is adjourned to the 18th day %
December. 1875 at the same place and time OF day,
M0krhI Ii c. Smith, Trustees I'd
J. Ii. CONVERSE, VCKE
Montpelier, Oct. 10Th. lS;j.
The above sale is further adjourned to Tuesday,
the 18th Jay OF February, 1876, at the same place
Montpelier, December 2Sth ISIS
NORTHAMPTON q. sAiTiI.)
JOSEPH IL. CONVERSE, Trustees.
ESTES HOWE,
:, The above saio Is adjourned to the auth day OF
May, lS76, at the same place aud timp OF day.
Montpelier. Feb. 18Th 1875.
MOnrHlNGToN Z. SMITH, Trustees ID
tSlES hO"E, Mortgage BoLds,
wi. Central X. K.
The above sale is adjourned to the 25th day OF
September lo'6 at the same place and time OF day.
Montpelier, May Bath, 1876.
WuRrHlN6T0N U. SMITH,
ESTES HOWE STrustees |
JOSEPH ii. CONVERSE,
The above sale is hereby further adjourned to
The third Tuesdy OF January, A. ID. lS77.
W W rsr c. SMITH, Trustees Of 2nd
Estes HOWE, Mortgage Bonds.
JOSEPH IL. CONVERSE, VIC. R.K,
Sept. ., 1876.
The above sale is hereby further adjourned to the
ourth Tuesday of July, A. ID. lST7.
WORT HHM1 c. SMITH, Trustees Of md
JOSEPH ii CONVERSE. TtGen. RR.
Jan l9, lS77.-3Dw3w
n 49,