The Portland daily press., 1886-06-03
MISCELLANEOUS.
NOTICE.

Interest thereto. at the May term thereof, A. D.
1885, to wit on the twelfth day of May, 1885, IN
ct ais, were compliments and the Portland "
Ogdensburg Railroad Company ct ais, were de-
PENDANTS, the following final decree OF foreclosure
was entered by said court and filed and entered
of record in said cause, to wit:
"Upon consideration of the premises, it is Or
dered, adjudged and decreed, that there mas pc
come due and payable upon the bonds given by
said Portland OgdenSburg Railroad Company
and secured by the mortgage from SAD 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, the SAID
sum of one million five hundred ninety thousand
seven hundred forty-four dollars, and the same IS
still owing by said Portland u OgdenSburg RAN
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
hereinafter more particularly set out; so that I'M
less said Portland & 0gdensburg Railroad Com
pany or persons or corporations claiming by,
through or 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,
while come due upon the bonds aforesaid, said
Portland & Ogdensburg Railroad Company, and
all other persons or corporations claiming Dyi
through or under it, ought to be foreclosed anu
hsarkver barred from redeemlng from SAID mort
It is thereupon further ordered, adiudged and
decreed by the court that said Portland and
Ogdensburg Railroad Company, or persons or cor
p0rations claiming by, through or under it, may
within six months hereafter pay into the registry
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 al
other sums coming due and payable WITHIN salu
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 g. OgdensDurg
Railroad Company, or persons or corporations
claiming by through or under 1t, whether OF sal9
sum of one million five hundred ninety thousand;
seven hundred forty-f0ur dollars already due ana
PAYABLE as hereinbefore set out, or of said other
sums coming due and payable within sad SIX
months, said Portland and Ogdensburg Kallroad
Company and all persons and corporations claim
ing by through or under it, shall be and are Tor
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 E. Spring, Weston +. Mill.
ken and George f. Emery, dated the 1rst Gay OF
November in the year of our Lord eighteen nun
bred and seventy-One and to Samuel Il. Spring,
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 E. Spring,
Weston f. Milliken and Nathan Webb, dated the
fifteenth day of May in the year OF ourorq elgnIeeh
hundred and eighty-two, and to Samuel +. 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 F. Miiliken, Nathan Webb
and H0ratio n. Jose, as trustees, sald Jose Deug
the successor under said mortgages OF Samuel Z;
Spring, deceased, their survivors, successors and
assigns shall and do become as such trustees aD-
solutely the owners of all the railroad OF SAID
Portland x OgQenSDufG hdllTOdu OUupduys ~
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 lamp
shire, and of all the stations and fixtures dppur-
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, ana OF
all the franchises OF said Portland u OguenSDuIS
Railroad Company to build, maintain and operate
said railroad granted by said States OF Maine OF
New Hampshire, and OF all the cars, engines OF
other movable furniture, machinery ana equip
ments of said railroad and OF all otDer personal
property appertaining to or connected with the
customary use and working of said railroad and
machinery thereof, and of all the privileges ana
appurtenances thereof or belonging thereto, ana
Of all other property, franchises rights ana PRIV
ileges conveyed or intended to be conveyed by
said mortgages or any Of them, subject to the
prior mortgage from said Portland & Ogdensburg
Railroad Company dated me fst gay Oh and
SEVENTY and to the liens and liabilities when
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 ana rights OF
the said Portland s. 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, Mllllken ana jose
as such trustees, their successors, SURVIVORS vi as
signs"
And whereas, after the six months allowed as
the period of redemption in the decree aboye re-
cited had expired, at the October term OF sad
court. viz: on the fifteenth day OF December, A:
d. 1885, it having been found by said court tnat
none of said sums had been paid either INTO tne
registry of the court or otherwise, further maj
decree of foreclosure of said mortgages was
ordered by said court and was MED ana entered
of record in said cause in the terms following:
''Thereupon this court doth order tnat 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 redeeming from any OF the mortgages
fMn G w ne sad da %Srgss e day
November in the year OF our L0rd eighteen nun
bred seyenty-one, and the said mortgages TO
said Spring, MilliSen 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 Ct our loaa egFeSS reb
IN lie year 81 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 u 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
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 10 Og-
densburg, and of all lands and tenements ever
Railroad Company for the purposes OF It's railroad,
and of all the franchises of said Portland q Og-
densburg Railroad Company to build maintain,
and operate said railroad, granted by said States
of Maine and New Hampshire, and OF all tne
cars engines, or other movable furniture, machm
cry and equipments of said railroads, and OF all
other personal property appertalnlng TO, or con.
nected with the customary use and working OF
said railroad ana machinery bu6TtUl dllu VI dill
the privileges and appurtenances thereof or be-
longing thereto, and OF all other property, iran,
chises rights and privileges conveyed OF intended
to be conveyed by said four mortgages nrst here
inbefore described, or any of them, subject to
said prior mortgage from said Portland 4 Ogdens-
burg Railroad Company, dated the ilrst gay OF
hundred and seventy, and to the liens and llab1ll-
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,
MIlliKen 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 hnally 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 consumed corpora 4be
purposes and with all the rights and powers, du-
ties and obligations of said original Portland y
Ogdensbnrg Railroad Company by It's charter; and
with all the franchises, rights, powers, privileges
and obligations conferred upon SAID DondnolderS
and upon said new corporation py o9aptep oWa OF
for the year 1885, entitled "An act In relation to
the Portland & Ogdensburg Railroad Company"
and approved March 5, 1885, and by Statute OF
the State of New Hampshire entitled IAN act in
relation to the bondholders of the Portland u Og-
densburg Railroad Company" and approved July
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
fty-first chapter of the Revised Statutes OF Maine
and of the said Special Act of the Legislature OF
Maine relating TO the Portland q Ogdensburg
Railroad Company approved March B, 1885, 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 a llst
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 a code of bylaws for the govern
ment of the new corporation.
(6)-To adopt measures to obtain settlement
with the trustees under said mortgages, and suit
able and sufficient conveyances from them of all
right title and interest acquired by them as 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
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
Gil approved March 80, A. ID. 1886.