The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-05-28
prssCELLANEOUs.
NOTICE


burg Railroad in the Circuit Court of the United
States for the District of New Hampshire, having
Interest thereto. at 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 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 has be-
come due and payable upon the bonds given by
said Portland s. 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 Seyenty-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 & 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 & Ogdensburg Railroad Com
pany 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 fortyfOur dollars
as aforesaid, and such other sums as may mean
while come due upon the bonds aforesaid, said
Portland q Ogdensburg Railroad Company, and
all other persons or corporations claiming by,
through or under it, ought to be f0recloSed and
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 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
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, or persons or corporations
claiming by, through or under It, 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 for
ever barred and foreclosed from redeeming from
any of the mortgages following, to witt The mort
cages from said Portland & Ogdensburg Railroad
Company to Samuel f. Spring, Weston II. Mill
ken and George F. Emery, dated the first day Of
November in the year of our Lord eighteen hun
bred and seventy-one and to Samuel L; 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 L. Spring,
Weston I. Milliken and Nathan Wepb, dated the
fifteenth day of May in the year Of ourLord eighteen
hundred and eighty-two, and to Samuel E. Spring,
Nathan Webb and Weston f. Milliken, dated the
twenty-ffth day of February, in the year of our
Lord eighteen hundred and eighty-folr: and that
thereupon said Weston f. Mlliken, Nathan Webb
and HoratiO N. Jose, as trustees, said Jose being
Spring deceased. their survivors, successors and
assigns shall and do become as such trustees alb
solutely the owners OF all the railroad OF SAID
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
burg, and of all lands and tenements ever taken
or held by said Portland q ogdensburg Railroad
all tile 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 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 & Ogdensburg
Railroad Company, dated the first day Of Novem-
Der, in 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 this cause receiver
of said railroad and its appurtenances, or by his
successor; but free from all claims and rights of
the said Portland u 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 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:
sThereupon this court doth order that said
Portland Il 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 t. wit; TIE SAID m9r t to said
November in the year of our Lord eighteen hun
dred seyenty-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. 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
termination at the western boundary line of the
State of New Hampshire and of all rights acquir-
ed by lease OF contract In any railroads forming
denSDurg, 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 & Og-
densburg Railroad Company to build. nain.taainy
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
nected with the customary use and working of
said railroad and machinery thereof. and of all
Lne ana rneae4I OF be-
chises, rights and privileges conveyed or intended
to be conveyed by said four mortgages first here
nbefore 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
rado and nfv nd tn tha md obi
ties which have been or may be created or incur
red by Samuel j, Anderson appointed in this
lances 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, |
MlKen and Jose, as such trustees, their success
)rs, survivors or assigns"
leeming said mortgages has been finally barred |
md foreclosed and by force of the Statutes in |
such case made and provided and by operation of |
aw the bondholders under said mortgages, their |
and assigns, are constituted corpora
ion as of the date OF the foreclosure for alt the
purposes and with all the rights and powers, du-
les and obligations of said original Portland & |
)gdensbnrg Railroad Company by its charter, and |
With all the franchises, rights powers privileges
md obligations conferred upon said bondholders |
md upon said new corporation by Chapter 507 of |
he Private and Special Laws of the State of Maine
or the year 1885, entitled ''An act in relation to
he Portland s. Ogdensburg Railroad Company
nd approved March g. 1885, and by Statute of /
he State OF New Hampshire entitled IAN act in /
elation to the bondholders of the Portland & Og-
ensburg Railroad Company and approved July |
z, 1885:
Now therefore. the undersigned. seyerally hold |
rs of bonds secured by said mortgages, for and
n behalf of said bondholders and said new cor
GRAFTON, in pursuance of the provisions of the |
fty-frst chapter of the Revised Statutes of Maine
nd of the said Special Act of the Legislature of
Iaine relating to the Portland & Ogdensburg
,ailrOad Company, approved March 5, 1885, do
ereby give notice that the first meeting of said
ew corporation will be holden in Portland in the |
tate of Maine at the office of the Portland s. Og-
ensburg Railroad Compony at ten o'clock in the
)renoon of TUESDAY the eighth day of June, A. |
}. 1886, for the following purposes:
1)-To prepare or cause to be prepared a list
the bondholders in attendance with the number |
bonds and overdue coupons represented.
(2(-To, ascertain and verify all outstanding
onds and overdue coupons and provide for ex- |
hanging the same for certificates of stock.
(3l-To organize said corporation and choose a
Jerk Directors and other officers.
(4-To adopt name for the new corporation.
(5)-To adopt code of bylaws for the govern
lent of the new corporation.
le)---To adopt measures to obtain a settlement