The Portland daily press., 1886-06-08
MISCELLANEOUS.
NOTICE.


vas entered by said court and filed and entered
If record in said cause, to witt
"Upon consideration of the premises, il is or
lered, adjudged and decreed, that there has be-
come due and payable upon the bonds given by
said Portland & Ogdensburg Railroad Company
md secured by the mortgage from said company,
lated the first day of November in the year of our
Lord eighteen hundred and seYenty-One. and by
The 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 q 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 a breach OF the
of the mortgage aforesaid and OF those
hereinafter more particularly set out; so that I'M
less said Portland q 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 five hundred
ninety thousand seven hundred fOrty-four dollars
as aforesaid, and such other sums as may mean
while come due upon the bonds aforesaid, said
Portland & Ogdensburg Railroad Company, and
all other persons or corporations claiming by,
through or under it, ought to be fOreclosed and
forever barred from redeeming from said mort
cages.
decreed by the court, that said Portland and
Railroad Company, or persons or cor
pOrations claiming by, through or under II, may
within six months hereafter pay into the registry
of this court said sum OF one million tlve nun
bred ninety thousand, seven hundred forty-four
dollars, being the amount overdue ana payable as
aforesaid, to be distributed by this court 10 the
persons entitled to receive the same, and may
likewise pay into the registry OF said court all
other sums coming due and payable within sad
six months aforesaid, said latter sums TO be ike
wise distributed by said court to the persons en-
titled to receive the same; and that in default OF
such payments by said Portland & 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 ana
PAYABLE as hereinbef0re set out, or OF said other
sums coming due and payable within said six
months, said Portland and 0gdensburg Railroad
Company and all persons and corporations claim
ng by, through or under it, shall be and are 1Or-
ever barred and fOreclosed from redeemlng from
any of the mortgages following, TO VIII: Inc mort
cages from said Portland & Ogdensburg Railroad
Company to Samuel E. Spring, Weston +. Mllll-
ken and George +. Emery, dated the first day OF
November in the year of our Lord eighteen hun
red and seyenty-one ana to samuel Il asp, sspdf NJ
first day of Apri, in the year OF our LOrd eighteen
hundred and eighty-two, and to Samuel T.. Spring,
Weston f. NIilliken and Nathan Webb, dated the
fifteenth day of May in the year of ourLord eighteen
hundred and eighty-twO and to Samuel Il. Spring.
Nathan Webb and Weston f. Milliken, dated the
day of February, in the year OF our
Lord eighteen hundred and eighty-four; and that
thereupon said Weston +. Milliken, Nathan webb
and Horatio N. Jose, as trustees, SAID Jose Delng
The successor under said mortgages of Samuel Il.
spring, deceased, their survivors. successors and
assigns shall and do become as Sucn trustees aD-
sOlutely the owners of all the railroad OF SAID
Portland g. Ogdensburg Railroad Company, To-
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-
,enant thereto, and of all the rights acquired by
ease or contract in any railroads forming any
part of the through line from Portland to Ogdens-
Durg and of all lands and tenements ever taken
1r held by said Portland & Ogdensburg Railroad
for the purposes OF Its railroad, ana OF
al the franchises of said Portland & Ogdensburg
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 and equip,
ments of said railroad, and OF all other personal
appertaining to or connected with the
use and working OF SAID railroad ana
thereof, and OF all the privileges anu
appurtenances thereof or belonging tnereIO ana
IT all other property franchises, rights and. priv
ilegeS conveyed or intended to be conveyed Dy
said mortgages or any OF them, subject TO the
prior mortgage from said Portland q Ogdensburg
Railroad Company, dated the first day of Noyem-
Der, in the year OF our Lord eighteen hundred ana
seventy and to the liens and liabilities which
have been or may be created or incurred by SAM
lel j. Anderson, appointed in this cause receiver
Of said railroad and its appurteDances, or by MS
successor; but free from all claims and rights OF
The said Portland & OgdenSburg Railroad COM
pany or persons or corporations claiming by,
through or under it, to redeem the same or any
part thereof from said Webb, Mlll1ken ana Jose
as such trustees, their successors Survivors OF as
signs" ~,
the period of redemption in the decree above re-
cited had expired, at the October term OF SAID
court, viz: ON the fifteenth day of December, A.
d. 1885, it having been found by said court that
none of said sums had been paid either into the
registry of the court or otherwise, further nnal
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:
sThereupOn this court doth order that said
Portland & Ogdensburg Railroad Company and
all persons and corporations claiming by, through
or under it, be and are forever barred and fore
closed from redeeming from any OF the mortgages
to wit: the said mortgage TO SAID
Spring. AIillken and Emery, dated the first day OF
November in the year OF our Lord eighteen nun
said Spring. Milliken and Webb, dated respective
" the first day of April in the year of our Lord
eighteen hundred eightytwo the fifteenth day Of
eighty-two, and the twenty-fifth day OF February
in the year of our Lord eighteen hundred eighty
four; and that said Weston f. Milliken, Nathan
Webb and HOratio N. Jose, as trustees, have be-
come, as such trustees absolutely the owners OF
all the railroad of said Portland q 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 OF the
State of New Hampshire, and OF all rights aequlr-
ed by lease or contract in any railroads forming
any part of the through line from Portland to Og-
denSburg, and of all lands and tenementS ever
taken or held by said Portland & Ogdensburg,
Railroad Company for the purposes OF its railroad,
and of all the franchises OF said Portland q Og-
densburg Railroad Company to build, maintain,
and operate said railroad, granted by SAID states
of Maine and New Hampshire, and Of all the
cars, engines, or other movable furniture, machln
cry and equipments of said railroads, and OF all
other personal property appertalnlng to, or con.
said railroad and machinery thereof and OF all
the privileges and appurtenanceS tnereof or De
longing thereto and OF all other properly, IRAN
to be conveyed by said four mortgages first here
inbefOre described, or any of them, subject to
said prior mortgage from sad Portland ian Qgaens
November, in the year OF our Lord, eighteen
hundred and seventy, and to the liens and labilI-
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 Il Ogdens-
lions claiming by, through or under 1t, TO redeem
the same or any part thereof, from said Webb,
MllliKen and Jose as such trustees their success
Ors, survivors or assigns"
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
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 q
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 5O7 OF
the Private and Special Laws of the State of Maine
Tor the year 1885, entitled IAN act in relation to
The Portland & OgdenSburg Railroad Company
and approved March 5, 1885, and by Statute of
he State of New Hampshire entitled IAN act in
relation to the bondholders Of the Portland g. Og-
Railroad Company and approved July
Now therefore, the undersigned, seyerally hold
RS of bonds secured by said mortgages, for and
IN behalf of said bondhOlders and said new cor
)Oraton, in pursuance of the provisions of the
ifty-irst chapter of the Revised Statutes Of Maine
md of the said Special Act of the Legislature of
Maine relating to the Portland & Ogdensburg
Railroad Company, approved March 5, 1885, do
hereby give notice that the first meeting of said
lew corporation will be holden in Portland in the
State of Maine at the office of the Portland g. 0g-
lensburg Railroad Company at ten o'clock in the
orenoon of TUESDAY the eighth day of June, A.
D. 1886 for the following purposes:
Ql-T0 prepare or cause to be prepared a list
# the bondholders in attendance with the number
If bonds and overdue coupons represented.
(2l-To ascertain and verify all outstanding
)Onds and overdue coupons and provide for eX-
changing the same for certificates of stock.
(3)-T0 organize said corporation and choose q
]lerk, Directors and other officers.
(4-To adopt name for the new corporation.
(5)-To adopt code of bylaws for the govern
nent of the new corporation.
(6)-To adopt measures to obtain settlement
With the trustees under said mortgages, and suit
Lble and sufficient cOnveyanceS from them of all
light, title and interest acquired by them as trust
,es by virtue of said mortgages and the fOreclos-
ire thereof.
(O-To transact any other business that may be
necessary to perfect the legal organization of said
corporation.
City of Portland By
G. j. CHAPMAN.
WHITMAN SAWYER,
JOHN 2. HOBBS,
Committee on the reduction of the City debt here
unto duly authorized by order Of the City Coun
Gil approved March so, A. ID. 1886.
j.. S. KICKER.
DANIEL f. EMERY.