The Portland daily press., 1886-04-22
NEW ADVERTISEMENTS.
NOTICE.

Whereas in a proceeding in equity to forecose
certain upon ns 0r o 6e
States for the District OF New hampshire, having
Jurisdiction of said suit and Of all the parties in
interest thereto. at 1.-THE May term thereof A. d.
1885, to wit on the twelfth day of May, 1885, in
which proceeding the Mercantile trust Company
ct ais, were complainants ana tne Portland q
Ogdensburg Railroad Company ct ais, were de-
fendantS the following final decree OF foreclosure
was entered by said caurt and filed and entered
OF record in said cause, to WI
dered adjudged and decreed, that there has be-
come due and payable upon the ponds given by
said Portland & 0gdensburg Rallroad 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 four dollars, and the same is
still owing by said Portland q Ogdensburg Rail-
ROAD Company, and is secured by SAD mortgages
and each of Them aud that the failure to pay the
sum heretofore due as aforesaid is breach of the
condltlons OF the mortgage aforesaid and OF those
hereinafter more particularly set out; so that UNI
less SAID Portland & OgdensDurg 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 tofty-four dollars
as aforesaid and such other sums as may mean
while come due upon the bonds aforesaid, said
Portland s. Ogdensburg Railroad Company and
all other persons or corporations claiming by,
through or under it, ought to be foreclosed and
It is thereupon further ordered, adjudgt.l and
decreed by the court that said Portlat and
Ogdensburg Railroad Company, or persons nr cor
porationS claiming by, through or under II, may
within six months hereafter pay into the registry
OF this court said sum OF one million iiye 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-
titled to receive the same; and that in default of
such payments by said Portland & Ogdensburg
Railroad Company, OF persons OF, 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 nefeinpefore set out OF q sad other
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. Milli-
ken and George #. Emery dated the first day of
November in the year of our Lord eighteen hun
Weston F. Miiliken and Nathan Webb, dated tie
first day of April in the year of our Lord eighteen
hundred and eighty-two, and to Samuel E. Spring,
fifteenth day of May in the year of ourLord eighteen
hundred and eighty-two, and to Samuel Z. Spring,
Nathan Webb and Weston F. Milliken dated the
y,
Lord eighteen hundred and eighty-four; and that
thereupon said Weston F. Milken, Nathan Webb
and Horatio 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 alb
soluteiy 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 at the
western boundary line of the State of New Hamp-
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
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 and
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 g. 0gdensburg
Railroad Company, dated the first day of Novenl-
Der, 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
of said railroad and its appurtenances, or by his
successor; but free from all claims and rights of
the said Portland & Ogdensburg Railroad Com
3
through or under it, to redeem the same or any
part thereof from said Webb, Miliken 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
ID. 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 conrt and was filed and entered
of record in said cause in the terms following:
"Thereupon this court doth order that said
Portland g. Ogdensburg Railroad Company, and
all persons and corporations claiming by through
or under it, be and are forever barred and fore
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 seventy-one, and the said mortgages to
said Spring, Miken and Webb, dated respective
ly the first day of April in the year of our Lord
eighteen hundred eighty-two the fifteenth day OF
eighty-two, and the twenty-fifth 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 & 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 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
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 apperta1ning to, or con-
nected with the customary use and working of
said railroad and machinery thereof, and of all
e aa and 81 nj oh
chises rights and privileges conveyed or intended
to be conveyed by said four mortgages first here
said prior mortgage from said Portland s. 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 liabii-
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
the same or any part thereof, from said Webb,
MlliKen and Jose, as such trustees, their success
orS, survivors or assigns"
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 boRdhoders under said mortgages, their
successors and assigns are constituted corpora
ton as of the date of the foreclosure for ali the
purposes and with all the rights and powers, du-
Ogdensbnrg Railroad Company by its charter, and
with all the franchises, rights, powers, privileges
anu OulBdliOllS coulcITcu upon Sdlu DOHuHOiucIn
and upon said new corporation by Chapter 5O7 of
the Private and Special Laws of the State of Maine
for the year 1885, entitled can act in relation to
the Portland & Ogdensburg Railroad Company
and approved March 5, 1885, and by Statute of
the State of New Hampshire entitled "An act in
relation 10 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
ffty-first 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, 1886, do
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:
Q)-To prepare or cause to be prepared a list
of the bondh0lders 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.
(4-To adopt a 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 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
(O-To transact any other business that may be
necessary to perfect the legal organization of said
corporation.
City of Portland By
G. j. CHAPMAN.