The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-06-02
MISCELLANEOUS.
NOTICE.

certain mortgages upon the Portland y 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 the parties IN
interest thereto, at the May term thereof, a. ID.
which proceeding the Mercantile Trust Company
et ais were compliments and the Portland q
Ogdensburg Railroad company et ans, were ue
was entered by said court and filed and entered
of record in said cause, TO wit:
"ITDOn consideration of the premises, IL is Or
dered. adiudged and decreed, that there has be-
come due and payable upon the bonds given by
said Portland & 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 set out, the SAID
sum Of one million five hundred ninety thousand,
seven hundred fOrty-f0ur dollars, and the same IS
still owing by said Portland & Ogdensburg Rail
road Company, and IS secured Dy SAID moTtgages
sum heretofore due as aforesaid Is breach OF the
conditions of the mortgage aforesaid and OF those
more eg oH Ra 80 9a com
many or persons or corporations claiming by,
Through or under it, shall within the time herein
fixed, pay said sum OF one million hye hundred
ninety thousand seven hundred forty-f0ur dollars
as aforesaid, and such other sums as may mean
while come due upon the bonds aforesaid SAD
Portland & Ogdensburg Railroad Company, and
all other persons or corporations claiming by,
through or under it, ought TO pc tOfeclOseu ana
forever barred from redeeming from SAID mort
cages. ,, .,,...,...., 80
decreed by the court, that said Portland ana
Ogdensburg Railroad Company, or persons or cor
norations Claiming by, through or under it, may
within six months hereafter pay into the registry
of this court said sum Of one million nye nun
bred ninety thousand, seven hundred torty,tOur
dollars being the amount overdue and payable as
aforesaid, to be distributed by TINS court 70 tne
persons entitled to receive the same; ana may
likewise pay into the registry OF sald court az
other sums coming due and payable WITHIN sald
six months aforesaid, said latter sums TO be ike
wise distributed by said court 70 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 It, whetner OF sald
sum of one million five hundred ninety thousand,
seven hundred forty-four dollars already due ana
PAYABLE as hereinbefore set out, or OF SAID other
sums coming due and paya9le wtnm san s
Company and all persons and corporations claim
ing by through or under it, shall be and are Tor
ever barred and foreelosed from redeemlng from
any of the mortgages following to wit: The mort
cages from said Portland y OgdensDurg kallroau
Company to Samuel e. Spring, Weston +. MILL IL
ken and George +. Emery, dated the nrSt day Oh
November in the year of our Lord eighteen nun
bred and seyenty-One, and to Samuel +. Spring,
Weston F. Milliken and Nathan WEBB, dated tne
hundred and eighty-two, and TO samuel y. spring,
Weston f. Millfken and Nathan Webb, dated the
fifteenth day of May in the year of ourLord eighteen
hundred and eighty-two and to Samuel E. Spring,
Nathan Webb and Weston f. M1lllken, dated the
twenty-ifth day of February, IN the year OF our
Lord eighteen hundred and elghty-four: ana tnat
thereupon said Weston f. Millken, Nathan Webb
and HOratiO N. Jose, as trustees, Sald Jose DeI1g
the successor under said mortgages OF Samuel u;
Spring. deceased, their survivors. successors ana
assigns shall and do become as such trustees ap-
solutey 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 nxtures app1I r
lease OF 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 Rallroad
Company for the purposes OF It's railroad, anu OF
All fire franchises of said Portland & Ogdensburg
Railroad Company to build On sfaaa ana ain or
New Hampshire, and of all the cars, engines OF
other movable furniture, machinery anu EQUIP,
ments of said railroad, and of all other personal
property appertaining to or connected with the
customary use and working OF SAID railroad anu
machinery thereof, and of all the privileges anu
appurtenances thereof or belonging thereto and
Of all other property, franchises, rights and PRIV
ieges conveyed or intended to be conveyed py
said mortgages or any Of them SuD1eel 70 Ie
Railroad Company dated the first day OF Noyem,
ber in the year of our Lord eighteen hundred ana
seventy and to the liens ana iiaDnes 81 w sal
ueI j. Anderson, appointed in this cause receiver
Of said railroad and its appurtenances, or by his
successor; but free from all claims ana 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
ONoN
as such trustees, their successors survivors or as
signs" ,,o, %
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 tnal
none of said sums had been paid either into the
registry of the court or otherwise, furtner nnal
decree of foreclosure of said mortgages was
ordered by said court and wa Was rea ana
"ThereupOn this court doth order tnab 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
following to wit: the said mortgage to, sac
Spring, Millken and Emery dated the nrSt DAY o.
November in the year of our Lord eighteen hun
dred Seyenty-One, and the said mortgages u
said Spring. Milliken and Webb, dated respective
" the first day of April in the year of our Lore
eighteen hundred eighty-two, the ffteenth DAY o
Nav in the year of our Lord eighteen hundred
eighty-two and the twenty-fifth day of February
in the wear of our Lord eighteen hundred eighty
four; and that said Weston +. Millken, Mailman
Webb and Horatio N. Jose, as trustees, have pc,
ali the railroad of said Portland g. Ogdensbure
Railroad Company, located, and to be located III
Portland in the State OF Maine, and thence 70 us
Termination at the western boundary line OF the
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
dennsbnrg. and of alI lands and tenements eve
taken or held by said Portland & Ogdensburg
Railroad Company for the purposes OF It's railroad
densburg Railroad Company to build, maintain
and operate said railroad, granted by SAID stare
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 appertalnlng TO, or con
nected with the customary use and working lag Q
the privileges and appurtenances thereon or be
longing thereto, and of all other property, fran
chises rights and privileges eonyeyee or r nie ber
inbefore described, or any, OF them, subject Z
said prior mortgage from said Portland q Ogdens,
Noyember in the wear of our Lord, eighteen
hundred and seventy, and to the liens ana llaDlll-
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, or persons or corpora
lions claiming by, through or under it, to redeem
the same or any part thereof, from said webb
MlliKen and Jose, as such trustees, their success
And whereas by said DEGREES the right of re
deeming said mortgages has been finally barred
and fOreeloSed. and by force of the Statutes II
such case made and provided and by operation o
law, the bondholders under said mortgages, tnell
successors and assigns, are constituted corpora
ton as of the date of the foreclosure for all tn
purposes and with all the rights and powers, du
ties and obligations of said original Portland 4
Ogdensbnrg Railroad Company by its charter, AM
with all the franchises, rights, powers, privilege
and obligations conferred upon said bondholder
and upon said new corporation by Chapter 607 o
the Private ana Speclal Laws OF tne Otdte Vi hidn
for the year 1885, entitled ''An act in relation q
the Portland s. Ogdensburg Railroad Company
and approved March 5, 1885, and by a Statute o
the State of New Hampshire entitled IAN act II
relation to the bOndholders of the Portland & Og
densburg Railroad Company" and approved Jul!
IL, 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
ifty-frst chapter of the Revised Statutes OF Maine
and of the said Special Act of the Legislature o.
Maine relating TO the Portland & Ogdensburl
Railroad Company, approved March ., 1855, &c
hereby give notice that the first meeting OF salo
new corporation will be holden in Portland in the
State of Maine at the office of the Portland 4 Og
densburg Railroad Compony at ten O'Clock in th'
forenoon of TUESDAY the eighth day OF June, A
d. 1886, for the following purposes:
(1)-To prepare or cause to be prepared lis
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
Clerk Directors and other officers.
(A-To adopt name for the new corporation.
(5)-To adopt code of bylaws for the govern
ment of the new corporation -
(6)-To adopt measures to obtain settlement
with the trustees under said mortgages, ana suit
able and sufficient eonveyanees from them OF all
right title and interest acquired by them as trust
ees by virtue of said mortgages and the foreclos