The Portland daily press., 1886-05-31
MISCELLANEOUS.
NOTICE.

NOTICE.
Whereas in a proceeding in equity to foreelose
certain mortgages upon the Portland 4 Ogdens-
burg Railroad in the Circuit Court OF the United
States for the District of New Hampshire, having
Jurisdiction of said suit and OF all tne partles II
interest thereto. at the May term thereot, A. ID.
1885, to wit on the twelfth day of May, 1885, in
which proceeding the Mercantile Trust Company
ct ais. were complainants and the Portland &
Ogdensburg Railroad COMPANY & ee as a We're de
was entered by said court ana nled ana entered
of record in said cause, to VIII
fsUpon consideration of the premises, 1t IS or
dered adiudged and decreed, that there has be-
come due and payable upon the bonds given by
said Portland g. Ogdensburg 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 seventy-one, and by
the other mortgages hereinafter SeH out be sala
seven hundred forty-four dollars, and the same is
still owing by said Portland y 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
less said Portland 4 Ogdensburg Railroad Com
pany or persons or corporations claiming by,
through or under it, shall within the time herein
fixed. nav 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 4 Ogdensburg Railroad Company ana
all other persons or corporations claiming Dy,
through or under 1t, ougnt 10 De 1ofecloSeu dhu
forever barred from redeeming from said mort
cages. -, a.,,,,a,,od and
decreed by the court that said Portland ana
Ogdensburg Railroad Company or persons OF cor
pOratiOns claiming by, through or under IL, may
within six months hereafter pay into the regilsIIy
of this court said sum OF one million nVe nun nun
dred ninety thousand, seven hundred forty,fOur
dollars, being the amount overdue and payable as
entitled to recee he and
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-.
titled to receive the same; and tnat IN deIauiI OF
such payments by said Portland & Ogdensburg
Railroad Company or persons or corporations
claiming by, through or under 1t, whether OF sald
sum of one million five hundred ninety thousand,
seven hundred fOrty-four dollars already due ana
payable as herenbefore set out or Of SAID other
sums coming due and payable within SAD SIX
months, said Portland and Ogdensburg Railroad
Company and all persons and corporations claim
ing by through or under it, shall be and are for
ever barred and foreclosed from redeemlng from
any of the mortgages following, to wit: Inc mort,
cages from said Portland & Ogdensburg kallroad
Company to Samuel K. Spring, weston r. MILL
ken and George f. Emery, dated the ilrst day OF
November in the year OF our LORD egRteesn siu nun
Weston f. Milliken and Nathan WepD, dated tne
first day of April in the year OF our LORD eighteen
hundred and eighty-two and to Samuel L. Spring, ny,
Weston +. Milliken and Nathan Webb, dated the
fifteenth day of May in the year OF ourLord eshteen
hundred and eightytwo, and to samuel =. spring
twenty-fifth day of February in the year OF our
Lord eighteen hundred and eighty-four: and that
thereupon said Weston F. Mllllken Na1nan MeDo Me;Do
the successor under said mortgages OF Samuel u;
Spring. deceased, their survivors, successors ana
assigns shall and do become as sucn trustees az,
solufely the owners of all the railroad OF SAID
Portland & Ogdensburg Railroad Company, 10
Gated and to be located in Portland, IN tne 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 1xtures appqr-
tenant thereto, and OF all the rights acquired Dy
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 81 OgdepsDurg
Railroad Company to build, MAINTAIN ana operaIe
said railroad granted by said States OF Maine OF
New Hampshire, and OF all the cars, engines OF
other movable furniture, machinery and equip,
ments of said railroad, and of all other personal
nroperty appertaining to or connected with the
customary use and working OF said railroad and
machinery thereof, and OF all the privileges an9
OF all other property, franchises, rights and PRIV
ileges conveyed or intended to be conveyed by
said morgages or any o. the Su95scs q r
Railroad Company, dated the first day OF NoVen,
ber in the year of our Lord eighteen hundred and
| seventy and to the liens and liabilities Wnlcn
| have been or may be created or incurred by Sam
uel j. Anderson, appointed in this cause receiver
of said railroad and its appurtenances, or by ms
successor; but free from all claims and rights OF
| the said Portland q Ogdensburg Rallroad Com
pany or persons or corporations claiming by
| mart thereof from said Webb, MillSen and Jose
as such trustees their successors, survivors OF as
signs" ,,o, =,
| the period of redemption in the decree above re
| cited had expired, at the October term OF sac
court viz; Ont the fifteenth DAY OF Decemper, IA "A
| none of said sums had been paid either into tnt
registry of the court or otherwise, a further hna
| decree of foreclosure of said mortgages wa
| ordered by said court and was filed and entered
| of record in said cause in the terms following:
| "Thereupon this court doth order tnat salt
| Portland & Ogdensburg Railroad Company, ant
all persons and corporations claiming by, through
/ or Under it, be and are forever barred ana lore
closed from redeem1g rom any Oh te ~
| Spring, Miken and Emery, dated the irst day Q
| November in the year of our Lord eighteen nun
said Spring, Milliken and Webb dated respective
ly the first day of April in the year OF our Lore
eighteen hundred eighty-two the hfteentn gay .
| eighty-two, and the twenty-flfth day OF FeDruary
| in the year Of our Lord eighteen hundred eighty
four and that SAD weston e n r trstees have be
| come as such trustees, absolutely the owners
| all the railroad of said Portland 4 Ogdensburt
| Railroad Company, located, and to be located II
Portland in the State of Maine, and thence to its
! Termination at the western boundary line OF tht
| State of New Hampshire, and OF all rights acqulr
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 eve
1
Railroad Company for the purposes OF It's railroad
and of all the franchises of said Portland q Og
densburg Railroad Company 70 plld h did di.a Ststa
| of Maine and New Hampshire, and OF all tn
cars, engines, or other movable furniture, machln
| cry and equipments OF said railroads, ana OF al
| other personal property appertaining to, or con
| neeted with the customary use and working
| said railroad and machinery thereof and OF al
| the privileges and appurtenances thereof or be
| longing thereto, and of all other property, iran
chises, rights and privileges conveyed or intende,
4 to be conveyed by said four mortgages frst here
| inbefore described, or any, of them subject t
| said prior mortgage from said Portland y Ogdens
burg Railroad Company, dated the first day o.
| November, in the year OF our Lord, elgntesei
hundred and seventy, and to the liens and liab1ll-
| ties which have been or may be created or incur
red by Samuel j. Anderson appointed IN tnis j
nanceS or by his successor, but free from al
| claims and rights of the said Portland Il Ogdens
lions H Claiming by, through or under it, to redeem
| the same or any part thereof, from SAID WeDD
MilliKen and Jose, as such trustees, ther success
| orS, survivors or aSSignS.''
| And whereas by said DEGREES the right of re
4 deeming said mortgages has been hnally Darre'
| and foreclosed, and by force OF the statutes II
| such case made and provided and by operation Q
law, the bondholders under said mortgages tnell
| successors and assigns, are constituted corpora
tion as of the date of the foreclosure for all TN
purposes and with all the rights and powers, ,du
| lies and obligations of said original Portland
| Ogdensbnrg Railroad Company by its charter; am
| with all the franchises, rights, powers, privilege
| and OBLIGATIONS conferred upon said bondhoder
| and upon said new corporation by Chapter 5O7 o
| the Private and Special Laws OF the State OF Man
for the year 1885, entitled "An act IN relation Z
| the Portland s. Ogdensburg Railroad Company
| and approved March 8, 1885, and by Statute
| fine State of New Hampshire entitled AN act II
| relation to the bondholders of the Portland q Og
| densburg Railroad Company and approved Jul.
| IT, 1885: ,,.. -,
| Now therefore, the undersigned, seyerally hold
| ers OF bonds secured by said mortgages, for ant
| in behalf of said bondholders and said new cor
| poration, in pursuance of the provisions OF tht
fftyirst chapter of the Revised Statutes OF Maine
| and of the said Special Act OF the Legislature
| Maine relating to the Portland Ogdensbur!
| Railroad COMPANY approved March 5, 1885, dt
hereby give notice that the first meeting of sale
new corporation will be holden in Portland IN the
State of Maine at the office of the Portland q Og
| densburg Railroad Compony at ten o'clock in th'
| forenoon of TUESDAY the eighth day OF June,
| ID. 1886, for the following purposes:
| ()-To prepare or cause to be prepared a lis
of the bondholders in attendance with the numDel
| of bonds and overdue coupons represented.
| (2)-To ascertain and verify all OUTSTANDING
| bonds and overdue coupons and provide LOT ex
| changing the same for certificates of stock
| (3)-To organize said corporation and cnooSe
| Clerk, Directors and other officers.
| (4-To adopt name for the new corporation.
| (5)-To adopt a code of bylaws for the govern
| ment of the new corporation.
| (6)-TO adopt measures to obtain Settlemen
with the trustees under said mortgages, and SUIT
| able and sufficient conveyances from them OF al
right, title and interest acquired by them as trust
| ees by virtue OF said mortgages ana the 1oreclos
ure thereof.
| (71-To transact any other business that may b.
1 tn fha Or0aOiZ1tiOn