The Portland daily press., 1886-05-29
MISCELLANEOUS.
NOTICE.

NOTICE.
Whereas in proceeding in equity to foreelose
certain mortgages upon the Portland y Ogdens,
burg Railroad In the Circuit court Oh te ha,ie
Jurisdiction of said suit and OF all tne parties N
interest thereto, at the May term thereoI, a. "
1885 to wit on the twelfth day OF May, 1855, IN
which proceeding the Mercantile Trust Company
ct ais, were complainants ana the foruand
Ogdensburg Railroad company et alS', MeLe ue-
was entered by said court ana hleo ana entered
of record in said cause, TO Wit:
s'Upon consideration OF the premises, IL Is Or
dered. adudged and decreed, that there has be-
come due and payable upon the pondS gwen by
said Portland & Ogdensburg Rillroan 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 fortyfour dollars, ana tne same IS
still owing by said Portland q OgdensDurg 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 nt anu S 81 tn0Se
less said Portland & Ogdensburg Railroad Com
pany persons or corporations claiming by,
through OF 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 can
Portland Ogdensburg Railroad Company, ana
all other persons or corporations claiming Dyi
through or under it, ought to be foreclosed ana
forever barred from redeeming from said mort
cages, -,
decreed by the court that said Portland and
OgdenSburg Railroad Company, or persons or cor
porations claiming by, through or under IL, may
within six months hereafter pay into the registry
of this court said sum OF one million hVe nun
dred ninety thousand seven hundred forty,tour
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 az
other sums coming due and payable within sald
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
siich PAYMENTS by said Portland s. Ogdensburg
Railroad Company or persons or corporatlonS
claiming by, through or under 1t, whether OF SAD
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 payape witnn san s
Company and all persons and corporations claim
ing by, through or under it, shall be ana are Ior
ever barred and foreclosed from redeemlng from .
any of the mortgages following, to wit: The mort,
cages from said Portland & Ogdensburg RallT r,
Company to Samuel E. Spring, Weston +. Mill.
ken and George f. Emery, dated the first day of
November in the year OF our LORD elgnteen nun-
bred and seventy-one and to samuel u; opTl1nig
Weston f. Milliken and Nathan Webb, dated the
first day of April in the year OF our LORD eighteen
hundred and eighty-two and to Samuel T. Spring,
Weston f. Milliken and Nathan Webb, dated the
fifteenth day of May in the year Of eighteen
hundred and eighty-twO, and TO Samuel T. spring,
Nathan Webb and Weston +. Milliken, dated tne
twenty-flfth day of February, IN the year OF our
Lord eighteen hundred and eighty-four: and that
thereupOn said Weston f. Milliken Nathan WeDD
and H0rato N. Jose, as trustees, SAD Jose peplg
the successor under said mortgages OF Samuel r.
Spring, deceased their survivors, successors ana
assigns shall and do become as such trustees aD,
solufely the owners of all the railroad OF SAID
Portland & Ogdensburg Railroad Company, To-
Gated and to be located in Portland, IN tne State
Of Maine and thence to its M Moy a. 1ne
shire, and of all the stations and MIXTURES 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 q OgdensDurg hallrQaQ
COMPANY for the purposes of its railroad, and OF
all fife franchises of said Portland & Ogdepsburg
Railroad Company to build, maintain and operate
said railroad, granted by said States OF Maine or
New Hanpshire and of all the cars, engines or
other movable furniture, machinery ana 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 anu
appurtenances thereof or pelonglng Ihereso, anu
OF all other property, franchises, rights and PRIV
ileges conveyed or intended to be conveyed Dv
said mortgages or any OF them, SuDJect 10 the
Railroad Company, dated the first day of Noyem-
Der, in the year of our Lord eighteen hundred ana
seventy, and to the liens and hablltleS when
have been or may be created or incurred by SAM
uel j. Anderson, appointed in this cause receiver
of said railroad and its appurtenanees, or by ms
successor; but free from all claims and rights OF
the said Portland & 0gdenSburg Railroad Com
pany or persons or corporations claiming Dy,
through or under it to redeem the same or any
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 tine
registry of the court or otherwise, further mai
decree of foreclosure of said mortgages was
nrde " said cOurt and tieQ and entered
of record in said cause in the terms following:
"Thereupon this court doth order that sad
Portland & Ogdensburg Railroad Company, and
all persons and corporations claiming by, through
or under it, be and are forever barred and fore
closed from redeemlng nom any OF tne
Spring, Milliken and Emery dated the nrst DAY OF
November in the year OF our LORD eighteen nun
said Spring, Mllliken and Webb, dated respective,
ly the first day of April in the year OF our L0rd
eighteen hundred eghtywO tne Meeni bu nay u
eighty-two, and the twenty-ifth day OF February
liz the year of our Lord eighteen hundred elgnty-
four; and that said Weston f. Milliken, Nathan
Webb and Horatio N. Jose, as trustees, nave De.
/ 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 It's
termination at the western boundary line OF the
State of New Hampshire, and of all rights acqufr-
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 g. 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, machin
cry and equipments of said railroads, and OF all
other personal property appertalnlng TO, OF con.
nected WIN tne customary uSe anu WUaAs III ~
the privileges and appurtenanceS thereof or be-
longing thereto, and of all other property, fran,
chises, rights and privileges conveyed or intended
to be conveyed by said four mortgages first here
inbefOre described, or any of them subject to
said prior mortgage from said Portland & 0gdens-
hing Railroad Company dated the first day of
November, in the year OF our Lord, eighteen
hundred and seventy, and to the liens and llablll-
ties which have been or may be created or incur
red by Samuel j. Anderson appointed In TINS
cause receiver of said railroad and its appur te
nances or by his spccessor D4t ifes IRON al
burg Railroad Company, or persons or corpora
lions claiming by, through or under 1t, to redeem
the same or any part thereof from SAID webb,
MlliKen 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 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 ~
Ogdensbnrg Railroad Company by its charter, and
with all the franchises, rights, powers, privileges
and obligations conferred upon SAD Dondno o
the Private and Special Laws OF the State OF Maine
for the year 1885, entitled "An act in relation to
the Portland s. Ogdensburg Railroad Company
and approved March 5, 1885, and by a Statute Of
the State of New Hampshire entitled An act IN
relation to the bondholders of the Portland q Og-
densburg Railroad Company" and approved July
II, 1885: .,,.. Ia
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 ogdeeGnssDuIg
Railroad Company, approved March 8, 1855, DO
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. 1886, for the following purposes:
(1)-To 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
Clerk Directors and other officers.
(4)-To adopt name for the new corporation
(5)-To adopt code of bylaws for the govern