The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-06-01
MISCELLANEOUS.
NoTTCE.

| 1885, to wit on the twelfth day of May, 1885, in
| which proceeding the Mercantile Trust Company
| ct als were complainants and the Portland d
| 0gdenSburg Railroad Company ct ais, were de-
fendants the following final decree OF foreclosure
/ was entered by said c1urt 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 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 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 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 & 0gdensburg 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,
It is thereupon further ordered, adjudged 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
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-
titled to receive the same; and that in default of
such payments by said Portland q Ogdensburg
Railroad Company or persons OF efeIpSr af
| 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 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 E. Spring, Weston f. Mill
ken and George F. Emery, dated the first day of
November i'll the year OF our Lord eighteen hun
bred 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
Weston F. Milliken and Nathan Webb, dated the
fifteenth day May in the year OF ourLord eighteen
hundred and eightytWo and to Samuel 3 Spring
twenty-fifth day of February, in the year of our
Lord eighteen hundred and eighty-four: and that
thereupon said Weston f. Milliken, Nathan Webb
and Horato N. Jose, as trustees, said Jose being
the successor under said mortgages OF Samuel e.
Spring. deceased. their survivors. successors and
assigns shall and do become as such trustees ab-
solutely the owners of all the railroad of said
Portland & Ogdensburg Railroad Company, To-
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 appur
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 & Ogdensburg
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 appertainng 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 all other property, franchises, rights and priv
ieges 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 the first day OF Novem-
ber in the year of our Lord eighteen hundred and
seventy, and 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 s. Ogdensburg Railroad Com
pany, or persons or corporations claiming by,
through or under it, to redeem the same any
part thereof from said Webb, Milliken and Jose
such trustees, their successors survivors or as
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
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 barred and fore
closed from redeeming from any OF the mortgages
following, to wit: the said mortgage to said
Spring, Milliken and Emery dated the first day of
November in the year of our Lord eighteen hum
bred seyenty-one, and the said mortgages to
said Spring, Millilen and Webb, dated respective
ly the first day OF April in the year OF our Lord
eighteen hundred eghty-two, the fifteenth day OF
May in the year of our Lord eighteen hundred
eghty-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-
all the railroad of said Portland & Ogdensburg
Railroad Company, located, and to be located in
Portland i'll the State of Maine, and thence to its
termination at the western boundary line of the
State of New Hampshire, and OF all rights acquir-
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 It's 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, or con.
nected with the customary use and working of
said railroad and machinery thereof. and OF all
the privileges ana aDpurIendnCeS IUel6OI OF De-
longing thereto, and of all other property, fran
chseS, rights and privileges conveyed or intended
to be conveyed by said four mortgages hrst here
inbefore 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 ifabili-
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 appur te
nances or by his successor, but free from all
claims and rights of the said Portland Ogdens-
opg V or PSnde q e9eem
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 foreelosed, 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 q
Ogdensbnrg Railroad Company by its charter and
with all the franchises, rights, powers, privileges
and obligations conferred upon said bondh0lderS
and upon said new corporation by Chapter 5o7 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 a Statute of
the State of New Hampshire entitled IAN act in
relation to the bondholders of the Portland & Og-
densburg Railroad Company" and approved July
Now therefore, the undersigned, seyerally hold
ers of bonds secured by said mortgages for and
III DeHalf OF Scllu anu Sstlu lew CUT
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 {, 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 Comp0ny at ten O'Clock in the
forenoon of TUESDAY the eighth day of June, A.
ID. 1886, for the following purposes:
OTTO prepare or cause to be prepared 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 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 conveyances from them OF all
right, title and interest acquired by them as trust
ees by virtue of said mortgages and the forecos-
ure thereof.
(7)-To transact any other business that may be
corporation.
City of Portland BY
G. j. CHAPMAN.
WHITMAN SAWYER,
JOHN z. HOBBS,
Committee on the reduction of the City debt here
unto duly authorized by order of the City Coun
Gil approved March 80, A. d. 1886.
j. S. KICKER