The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-06-07
MISCELLANEOUS
NOTICE.

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 Thereon, A. D.
1885, to wit on the twelfth day OF - May, 1850, IN
ct ais, were compliments and the Portland q
Ogdensburg Railroad Company ct ans, were de-
PENDANTS, the following final decree OF foreclosure
was entered by said court and hleu ana entered
of record in said cause, to VIII:
ssUpon consideration of the premises, 1t IS Or
dered adjudged and deereed that Ihere nas pc pc
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-0ne, and by
the other mortgages hereinafter set out, tne sald
sum of one million five hundred ninety thousand,
seven hundred fortyfour dollars, and the same is
still owing by said Portland OgdenSDurg Rail
road Company, and is secured by said mortgages
and each Of them ana that tne Ia ~ 10 Pay the
conditions of the mortgage aforesaid anu OF tnOSe
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 millon hye hundred
ninety thousand seven hundred fortyfOur 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 foreelosed and
forever barred from redeeming from said mort
cages.
decreed by the court, that said Portland and
OgdensbuTg Railroad Company, or persons OF 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
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-,
titled to receive the same; and that in default OF
such payments by said Portland OgdensDurg
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 SAID SIX
months said Portland and 0gdensburg Railroad
Company and all persons and corporations claim
ing by, through or under it, shall be and are 1or-
ever barred and forecloSed from redeeming from
any of the mortgages following to wit: Inc mort
cages from said Portland & Ogdensburg Railroad
Company to Samuel Z. Spring, Weston +. MILL
ken and George r. Emery, dated the first day of
November in the year OF our LORD eighteen nun
bred and seventy-one, and to Samuel L; spring,
Weston Il. Milliken and Nathan Webb, dated the
first day of April in the year OF our Lord eighteen
hundred and eighty-two, and to Samuel y. Spring
Weston +. Milliken and Nathan webb, dated the
fifteenth day of May in the year Of eighteen
hundred and eighty-tw0 and to Samuel L. Spring,
Nathan Webb and Weston f. Milliken, dated the
twenty-fifth day of February, in the year OF our
Lord eighteen hundred and eighty-four and that
thereupon said Weston f. Milliken, Nathan WeDD
and H0ratio N. Jose, as trustees, SAID Jose Deng
Spring, deceased, their survivors, successors and
assigns shall and do become as such trustees an
solutely the owners of all the railroad OF SAID
Portland & Ogdensburg Railroad Company, To-
Gated and to be located in Portland. in the State
of Maine and thence to its termination az the
western boundary line Of the State OF New lamp
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 Railroad
Company for the purposes of Its railroad, and OF
all the franchises of said Portland q OgdeDSDurg
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
property appertaining to or connected with the
customary use and working OF SAID railroad ana
machinery thereof, and of all the privileges and
appurtenances thereof or belonging thereto, and
OF all other property, franchises, rights and priv
ileges conveyed or intended to be conveyed by
said mortgages or any of them, subject to the
prior mortgage from said Portland a OgdensDurg
Railroad Company, dated the first day OF Noyem-
Der, i'll the year of our Lord eighteen hundred and
seventy, aud to the liens and liabilities which
have been Or may be created or incurred by SAM
uel j. Anderson, appointed IN TINS cause receiver
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. 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 o. said
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 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
all persons and corporations claiming by, through
or under it. be and are forever pared ana lore
following to wit: the said mortgage to said
Spring SIillken and Emery, dated the first day OF
November in the year of our LORD eighteen nun
bred seventy-one, and the said mortgages to
said Spring, Milliken and Webb, dated respective
ly the first day Of April in the year OF our Lord
eighteen hundred eighty-twO, the fifteenth day OF
May in the year of our Lord eighteen hundred
eighty-two, and the twenty fifth day of February
in the year of our Lord eighteen hundred eighty
four; and that said Weston F. AIilliken, Nathan
Webb and Horatio n. Jose, as trustees, have be-
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 OF the
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 Y 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, mach1n
ery and equipments of said railroads, and of all
other personal property appertaining to, or con-
nected with the customary use and working q
said railroad and machinery thereof. and OF all
the privileges and appurtenances thereof or be
longing thereto, and of all other property, fran
chises, rights and privileges conveyed or intended
inbefore described, or any OF them, subject to
said prior mortgage from said Portland q Ogdens..
burg Railroad Company, dated the frst day OF
NOVnmbPP the wear OF our LOrQ, el9nTeen
hundred and seventy, and to the liens and liab1l-
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-
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
ana assigns are consumed corpora
purposes and with all the rights and powers, du
ties and obligations of said original Portland 4
Ogdensbnrg Railroad Company by its charter, and
with ali 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 1.-THE state OF Maine
for the year 1885, entitled can act in relation tc
the Portland & Ogdensburg Railroad Company
and approved March s. 1885, and 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
II, 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
fiftyrst 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 5, 1885, dc
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.
d. 1885, for the following purposes:
OTTO prepare OF 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-
(3)-TO organize said corporation and choose a
Clerk, Directors and other officers.
(4)-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 a 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
corporation.
City of Portland By
C. j. CHAPMAN.
WHITMAN SAWYER,
JOHN p. HOBBS,
Committee on the reduction of the City debt here