The Portland daily press., 1886-04-29

NOTICE.

6nrS Raiipos n tbe 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. d.
1885 to wit on the twelfth day OF May, 1850, IN
which proceeding the Mercantile trust company
ct als were complainants and the Portland u
Ogdensburg Railroad Company ct ais, were de-
feHdants the following final decree OF foreclosure
was entered by said court and nled ana entered
of record in said cause, to VIII: .
"JJpon consideration of the premises, IL Is Or
dered adiudged and decreed, that there mas be-
come due and payable upon the bonds gwen by
said Portland g. OgdenSburg Railroad company
and secured by the mortgage from sala company.
dated the first day of November IN the year u our
Lord eighteen hundred and SeVenty-one' anu py
the other mortgages hereinafter SET out tle salu
SUN of one million five hundred ninety thousaha9,
seven hundred forfy9lIr dplafs Sgde g Rail
road Company, and is secured by Sald noItsdSSSo
and each of them, and that the failure 10 pay t,e
sum heretofore due as Aforesaid is preach u Ilo
conditions of the mortgage aforesaid and OF those
hereinafter more particularly set out; so tnat UNI
less said Portland & Ogdensburg Railroad COM
| pany or persons or corporations claiming Dy,
through or under it, shall within the time heTei1
fixed pay said sum of one million five hundfeo
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 a., uo.,,,o, s,,t,o, oraoraa oa,uarod and
! decreed by the court, that said Portland and
Ogdensburg Railroad Company, or persons or cor
! porations claiming by, through or under it, may
| within six months hereafter pay into the registry
of this court said sum of one million five hun
| dred ninety thousand, seven hundred forty.four
| dollars being the amount overdue and payable as
aforesaid to be distributed by this court to 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 said
six months aforesaid, said latter sums to be like
wise distributed by said court to the persons en-
| such payments by said Portland q 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 otner
! sums coming due and payable within said 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 redeeming from
any of the mortgages following to wit: The mort
| cages from said Portland & Ogdensburg Railroad
| Company to Samuel q. Spring, Weston f. MILL.
| ken and George f. Emery, dated the first day OF
| November in the year of our Lord eighteen hun
| dred and seventy-one, and to Samuel E. Spring,
| Weston F. Milliken and Nathan Webb, dated the
first day of April in the year of our Lord eighteen
hundred and eighty-tw9, and to Samuel F. spring,
fifteenth day of May in the year OF Lord eighteen
hundred and eighty,two, and to Samuel Z. Spring,
| Nathan Webb and Weston f. Milliken, dated the
| twenty-ffth day of February, in the year OF our
| Lord eighteen hundred and eighty-four; and that
| thereupon said Weston +. Milliken, Nathan WeDp
| and Horatio N Jose, as trustees said Jose being
| the successor under said mortgages OF Samuel'E;
| Spring. deceased, their survivors. successors ana
assigns shall and do become as such trustees ap,
Portland & OgdenSburg Railroad Company 10
| ted 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 appqr-
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 Railroad
| fOr the of IFS railroad. and OF
| all the franchises of said Portland & OgdensDurg
| Railroad Company to build, maintain and operate
| said railroad granted by said States OF Maine or
1 New Hampshire, and of all the ears, engines or
| other movable furniture, machinery and 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 ali other property franchises, rights and priv
| ileges conveyed or intended to be conveyed by
said mortgages or any OF them, subject to the
| Railroad Company, dated the first day of Novem-
| ber in the year of our Lord eighteen hundred and
seventy, and to the liens and liabilities which
uel j. Anderson, appointed in this cause receiver
| of said railroad and its appurteDances, or by his
| successors 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 OF any
/ part thereof from said Webb, Milliken and Jose
as such trustees their successors survivors or as
| signs"
| And whereas, after the SIX months allowed as
| 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
4 none of said sums had been paid either into the
registry of the court or otherwise further final
decree of foreclosure of said mortgages was
| ordered by said court and was filed and entered
| of record in said cause III the terms following:
"Thereupon this court doth order that said
/ Portland & Ogdensburg Railroad Company, and
ali 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 said
1 Spring. Millken and Emery, dated the first day Of
| November in the year of our Lord eighteen hun
spg Mken and Webb dated
| ly the first day of April in the year of our Lord
| eighteen hundred eightytwo the fifteenth day o.
| May IN the year of our Lord eighteen hundred
| eighty-two and the twenty-ffth 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 Ogdensbure
| Railroad Company, located, and to be located in
Portland, in the State of Name and thence to its
termination at the western boundary line of the
State of New Hampshire. and of all rights acquir-
| 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 & 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, machn
| cry and equipments OF said railroads, and OF all
| nected with the customary use and working OF
| said railroad and machinery thereof, and OF all
| the privileges and appurtenanceS thereof or be-
longing thereto, and of all other property, iran,
| ehises rights and privileges conveyed or intended
to be conveyed by said four mortgages ilrst mere,
| inbefere described, or any of them, subject to
| said prior mortgage from said Portland & Ogdens-
| burg Railroad Company, dated the first day OF
| November. in the year OF our Lord, eighteen
hundred and seventy, and to the liens and lab-
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 under it, 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
successors and assigns, are constituted corpora
ton of the date of the foreclosure for all the
purposes and with all the rights and powers, dl-
ties and obligations of said original Portland &
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 Gan act in relation to
the Portland & Ogdensburg Railroad Company
and approved March 5, 1885, and by Statute OF
relation to the bondholders of the Portland & Og-
densburg Railroad Company and approved July
1T, 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 3, 1885, do
hereby give notice THAI the first meeting of said
new corporation will be holden in Portland in the
State of Maine at the office of the Portland s. Og-
densburg Railroad Compony at ten o'clock in the
forenoon of TUESDAY the eighth day of June, A.
d. 1886, for the following purposes:
OTTO 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.
(4l-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 trust eS under said mortgages, and suit
able and sufficient conyeyances from them of all
right, title and interest acquired by them as trust
ees by virtue of said mortgages and the forecloS-
ure thereof.
OTTO transact any other business that may be
necessary to perfect the legal organization of said
corporation.
City of Portland By
CD CHAPMAN.
WHITMAN SAWYER,
JOHN p HOBBS,
Committee on the reduction of the City debt here
unto duly authorized by order of the City Coun-