The Portland daily press., 1886-06-04
MISCELLANEOUS.
NOTICE.

Whereas
certain mortgages upon the Portland y Ogdens-
burp Railroad in the Circuit Court OF the united
States for the District Of New Hampshire, having
Jurisdiction of said suit and of all the parties IN
interest thereto. at the May term thereof, A. ID.
1885 to wit on the twelfth day OF May, 1880, IN
which proceeding the Mercantile Trust Company
ct ais were compliments and the Portland q
Ogdensburg Railroad Company ct ais, were de-
fendants the following final decree of foreclosure
was entered by said court and filed and entered
of record in said cause, TO VIII:
ssITDon consideration OF the premises, it IS or
dered adjudged and decreed, that there has be-
come due and payable upon the bonds given by
said Portland & 0gdensburg Railroad Company
and secured by the mortgage from said company,
dated the first day OF November IN the year OF our
Lord eighteen hundred and Seyenty-one, and by
fine other mortgages hereinafter set out, the said
sum of one million five hundred ninety thousand,
seven hundred fOrty-four dollars, and the same IS
still owing by said Portland & Ogdensburg Rail-
road Company, and is secured by said mortgages
and each of them, and that the failure to pay the
sum heretofore due as Aforesaid is breach OF the
conditions of the mortgage aforesaid and of those
hereinafter more particularly set out; so that I'M
less said Portland Ogdensburg Railroad Com
pany or persons or corporations claiming by,
through or under it, shall within the time herein
fixed, pay said sum of one million fye hundred
ninety thousand seven hundred torty-fOur dollars
as aforesaid and such other sums as may mean
while come due upon the bonds aforesaid, SAID
Portland & Ogdensburg Railroad Company, ana
all other persons or corporations claiming by,
through or under it, ought to be foreciOSed and
forever barred from redeeming from said mort
cages. s...,,o. oraoroa od,rd,,od and
decreed by the court, that said Portland and
Ogdensburg Railroad Company, or persons or cor
porations claiming by, through or under 1t, may
within six months hereafter pay INTO the registry
of this court said sum OF one million nYe nun
dred ninety thousand, seven hundred forty-four
dollars. being the amount overdue and payable as
aforesaid, to be distributed by this court 70 the
persons entitled to receive the same, ana may
likewise pay into the registry OF SAID court an
other sums coming due and payable within SAID
six months aforesaid said latter sums to be ike
wise distributed by said court to the persons en-
1ad IN iuAt ma that dnf1nt
such payments by said Portland u Ogdensburg
Railroad Company, or persons or corporations
claiming by through or under 1t, whether OF SAID
sum of one million five hundred ninety thousand,
seven hundred forty-fOur dollars already due and
payable as hereinbefore set out or OF said other
sums coming due and payable within sad SIX
months, said Portland and O9denSburg railroad
Company and all persons and corporations claim
ing by through OF under ~ sa pc a1 e from
any of the mortgages following, to VIII Inc mort
cages from said Portland y Ogdensburg Raliroad
Company to Samuel K. Spring, Weston +. MILL.
Rem and George f. Emery, dated the first day of
November in the year of our Lord eighteen hum
weston f. Miiiiken and Nathan Webb, dated the
first day of April in the year Of our Lord eighteen
hundred and eighty-two, and to samuel =. spring,
Weston F. Milliken and Nathan Webb, dated the
fifteenth day of May in the yearof ourLord eighteen
hundred and eighty-two and to samuel T. Spring,
Nathan Webb and Weston f. Milliken, dated the
tWenty-fifth day of February, in the year OF our
Lord eighteen hundred and elghty-four: ana tnat
thereupon said Weston F. Milliken, Nathan webb
N.
the successor under said mortgages OF Samuel l.;
Spring, deceased, their survivors. successors and
assigns shall and do become as such trustees aD-
solutely the owners of all the railroad Of said
Portland & Ogdensburg Railroad Company, 10
Gated and to be located in Portland. in the State
of Maine, and thence to its termination at the
western boundary line of the State of New Hamp-
shire, and of all the stations and fixtures appur-
tenant thereto and of all the rights acquired by
lease or contract in any railroads forming any
part of the through line from Portland to Ogdens-
burg. and OF all lands and tenements ever taken
or held by said Portland Ogdensburg Kallroad
Company for the purposes of its railroad, and of
all the franchises of said Portland & Ogdepsburg
Railroad Company to build, maintain and operate
said railroad. granted by said States OF Maine or
New Hampshire, and Of all the cars, engines or
other movable furniture, machinery ana equip
ments of said railroad, and OF all other personal
property appertaining to or connected with the
customary use and working of said railroad and
machinery thereof, and of all the privileges and
appurtenances thereof or belonging thereto, and
OF all other property franchises, rights and priv
ieges conveyed or intended to be conveyed Dy
said mortgages or any Of them, subject TO the
prior mortgage from said Portland q OgdensDurg
Railroad Company, dated the first day of Noyem-
ber in the year Of our Lord eighteen hundred and
seventy, and to the liens and liabilities which
have been or may be created or incurred by Sam
ueI j. Anderson, appointed in this cause receiver
of said railroad and its appurtenances, or by his
successor; but free from all claims and rights OF
the said Portland & Ogdensburg Railroad Com
pany, or persons or corporations claiming Dy,
through or under it, to redeem the same or any
part thereof from said Webb Milliken and Jose
such trustees, their successors, survivors or as
signs" 49,, -.
the period of redemption in the decree above re-
cited had expired at the october term OF Sald
court. vz on the fifteenth day Of December, A.
ID. 1886, it having been found by said court that
none of said sums had been paid either into the
registry of the court otherwise, further final
decree of foreclosure OF SAID mortgages was
ordered by said court and was filed and entered
of record in said cause in the terms following:
"Thereupon this court doth order that said
Portland & Ogdensburg Railroad Company, and
oil rarc cOrnOrafiOOS claiming hV. through
or under it, be and are forever barred and fore
closed from redeeming from any OF the mortgages
following, to wit: the said mortgage TO SAID
Spring, Nilliken and Emery dated the first day OF
November in the year OF our Lord eighteen nun
dred seyentyo,ne ana tRe s sad
ly the first day of April in the year OF our Lore
eighteen hundred eighty-two, the fifteenth day OF
eigRty-two, and the twenty-fifth day of February
in the year of our Lord eighteen hundred elgnty-
four; and that said Weston f. Milliken, Mailman
Webb and HOratiO n. Jose, as trustees, nave pc
come as such trustees, absolutely the owners OF
all the railroad of said Portland & Ogdensburg
Railroad Company, located, and to be located in
Portland, in the State of Maine, and thence to its
termination at the western boundary line OIL the
state Of New Hampshire and OF an rig1ts. acqqr-
any part of the through line from Portland to Og-
densburg, and of all lands and tenements ever
taken or held by said Portland Il Ogdensburg,
Railroad Company for the purposes of its railroad
and of all the franchises of said Portland u Og-
densburg Railroad Company to build, maintain,
of Maine and New Hampshire, and OF all the
cars engines, or other movable furniture, maehin
cry and equipments of said railroads, and of all
other personal property appertaining to, or con,
nected with the customary use and working OF
said railroad and machinery thereof. and of all
the privileges and appurtenances Thereon or pc
longing thereto and of all other property, fran
chises, rights and privileges conveyed or intended
to be conveyed by said four mortgages first here
inbefore described, or any of them subject to
said prior mortgage from said Portland q Ogdens-
burg Railroad Company, dated the first day OF
hundred and seventy, and to the liens and liabili
ties which have been or may be created or incur
red by Samuel j. Anderson, appointed in this
cause receiver of said railroad and its appurte-
nances or by his successor, but free from all
claims and rights of the said Portland & Ogdens-
burg Railroad Company, OF persons or corpora
lions claiming by, through or under it, to redeem
the same or any part thereof, from said Webb,
MIlKen and Jose, as such trustees, their success
And whereas by said DEGREES the right of re-
deeming said mortgages has been finally barred
and forecloSed, and by force of the Statutes in
such case made and provided and by operation of
law, the bondholders under said mortgages, their
successors and assigns, are constituted corpora
ton as of the date OF the foreclosure for all the
purposes and with all the rights and powers, du-
ties and obligations of said original Portland y
Ogdensbnrg Railroad Company by its charter, and
with all the franchises rights, powers, privileges
and obligations conferred upon said bOndholderS
and upon said new corporation by Chapter 507 of
the Private and Special Laws of the State of Maine
for the year 1885, entitled San act in relation to
the Portland & Ogdensburg Railroad Company
and approved March b, 1880, ana by statute OF
the State of New Hampshire entitled AN act in
relation to the bondhOlders of the Portland & Og-
densburg Railroad Company" and approved July
IT, 1885:
Now therefore, the undersigned, seYerally hold
ers of bonds secured by said mortgages for and
in behalf of said bondholders and said new cor
poration, in pursuance of the provisions of the
ffty-rst chapter of the Revised Statutes of Maine
and of the said Special Act of the Legislature of
Maine relating to the Portland & Ogdensburg
Railroad Company, approved March 8, 1885, do
hereby give notice that the first meeting of said
new corporation will be holden in Portland in the
State of Maine at the office of the Portland & Og
densburg Railroad Compony at ten O'Clock in the
forenoon of TUESDAY the eighth day of June, A.
ID. 1886, for the following purposes:
Q)-To prepare or cause to be prepared list
of the bondholders in attendance with the number
of bonds and overdue coupons represented.
(2)-To ascertain and verify all outstanding
bonds and overdue coupons and provide for eX-
changing the same for certificates of stock.
(3)-To organize said corporation and choose a
Clerk, Directors and other officers.
(4-To adopt a name for the new corporation.
(5)-To adopt code OF bylaws for the govern
ment of the new corporation.
(6)-T0 adopt measures to obtain settlement
with the trustees under said mortgages, and suit
able and sufficient c0nveyances from them of all
right, title and interest acquired by them trust
ees by virtue of said mortgages and the fOreclos-
ure thereof.
(7-To transact any other business that may be
necessary to perfect the legal organization of said