The Portland daily press., 1886-05-06

NOTICE..


States for the District of New Hampshire having
jurisdiction of said suit and OF all the parties Ia
IssE f6 he 4 h a We e ay Of May 1855
which proceeding the Mercantile Trust company
! ct ais, were compliments and tne fortland q
0gdensburg Railroad Company ct ass, were de-
PENDANTS the following final decree OF foreclosure
was entered by said court and f1led ana ehtereu
of record in said cause, to VII:
"IJpop consideration of the premises, II is or
dered adiudeed and decreed, that there mas pc
come due and PAYABLE upon the bonds given Dy
said Portland Ogdenspurg fi llroa aid 1opam
dated the first day of November IN Inc year OF our
Lord eighteen hundred and seventy-one' ana ~
fhe other mortgages hereinafter set out, the said
sum of one million five hundred ninety thousand,
seven hundred forty-four dollars, and the same Is
sti owing by said Portland y Ogdensburg Rail-
road Comnaiiy 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 particularly set out; so that UNI
less said Portland u Ogdensburg 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
While i come due upon the bonds Aforesaid, said
Portland & 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.
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 nve nun
bred 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 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 hereinbefore set out, of said other
sums coming due and payable within SAD SIX
months, said Portland and Qgdensburg 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
cages from said Portland s. Ogdensburg Railroad
Company to Samuel E. Spring. Weston f. Mill.
ken and George f. Emery, dated the first day OF
November in the year OF our Lord eighteen hum
bred and Seventy-one, and to Samuel e. Spring,
Weston f. Milliken and Nathan Webb, dated the
first day OF Apri in the year of our Lord eighteen
hundred and eighty-two, and to Samuel +. Spring
Weston +. Milliken and Nathan Webb, dated the
fifteenth day of May in the year of OufL0rd eighteen
hundred and d ang Tea f. s
twenty fifth day of February, in the year OF ouI
| Lord eighteen hundred and eighty-four; and that
| thereupon said Weston f. Milliken, Nathan Webn
| and Horatio N Jose, as trustees, said Jose being
| the successor under said mortgages of Samuel ~
Spring, deceased. their survivors. successors and
assigns shall and do become as such trustees alb
| solutely the owners of all the railroad of said
l. Portland & OgdenSburg Railroad Company, 10
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 y ogdensburg Eallroae
| Company for the purposes of its railroad, and Of
all the franchises of said Portland & Ogdensburl
| Railroad Company to build, maintain and operate
said railroad, granted by said States of Maine o.
| New Hampshire, and of all the cars, engines OF
| other movable furniture, machinery and equip
mentS of said railroad, and OF all other persona
| property appertaining to or connected with the
| customary use and working of said railroad anC
| machinery thereof, and of all the privileges anC
| appurtenances thereof or belonging thereto, ant
| 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 s. Ogdensburl
| Railroad Company, dated the first day of Noyem
| ber in the year of our Lord eighteen hundred ant
seventy, and to the liens and liabilities which
| have been or may be created or incurred by Sam
| uel j. Anderson, appointed in this cause receive
| of said railroad and its appurtenances, or by hi
1 successor; but free from all claims and rights o
| the said Portland & Ogdensburg Railroad Com
/ pany, or persons or corporations claiming by
eF om said mksn and
as such trustees their successors, survivors or as
| signs"
i Ana whereas, dIbcr IiG SIX lIlOLlliS dtlOWcu ~
| the period of redemption in the decree above re
| cited had expired, at the October term of sal,
| court. viz: on the fifteenth day of December, A
d. 1885, it having been found by said court tina
| none of said sums had been paid either into tn
| registry of the court or otherwise a further fna
decree of foreclosure OF said l, mortgages wa
| ordered by said court and was filed and entere'
| of record in said cause in the terms following:
"Thereupon this court doth order that sal
| Portland & OgdenSburg Railroad Company, an
| all persons and corporations claiming by, throug
| or under it, be and are forever barred and fore
closed from redeeming from any of the mortgage
Spring, Milliken and Emery, dated the first day Q
| November in the year of our Lord eighteen hun
sprng ken and Webs
ly the first day of April in the year OF our Lor
eighteen hundred eighty-two, the fifteenth day Q
eighty-two, and the twenty-ffth day of Februar
in the year of our Lord eighteen hundred eighty
four; and that said Weston F. Milliken, Natha
l Webb and Horatio n JOSE as trustees have be
come, as such trustees, absolutely the owners Q
| all the railroad of said Portland & Ogdensbur
Railroad Company, located, and TO be located i
Portland, in the State of Maine, and thence to it
| termination at the western boundary line of thu
State of New Hampshire, and of all rights acquil
| ed by lease or contract in any railroads formin
any part Of the through line from Portland to Oe
| densburg, and of all lands and tenements eve
taken or held by said Portland y ogdensburg
| Railroad Company for the purposes of its railroad
| and of all the franchises of said Portland Il Og
densburg Railroad Company to build, maintain
| and operate said railroad, granted by said State
of Maine and New Hampshire, and of all tn
cars engines, or other movable furniture, machiI
cry and equipments of said railroads, and of al
other personal property appertaining to- or cor
| nected with the customary use and working
said railroad and machinery thereof and of al
the privileges and apPurt5enances thereof or Dc
| chises rights and privileges conveyed or intende
to be conveyed by said four mortgages first here
i inbefore described, or any of them, subject +
said prior mortgage from said Portland s. Ogdens
| burg Railroad Company, dated the first day 0
| November. in the year of our Lord, eIghtee
| hundred and seventy, and to the liens and iabili
ties which have been or may be created or incul
red by Samuel j. Anderson, appointed in thi
cause receiver of said railroad and its appurtt
nanceS Or by his successor, but free from a.
claims and rights of the said Portland & Ogdens
burg Railroad Company, or persons or corpora
tons claiming by through OF un der to
Mlllken and Jose, as such trustees, their success
ors, survivors or assigns"
And whereas by said DEGREES the right of n
deemng said mortgages has been finally barre
and foreclosed, and by force of the Statutes i
such case made and provided and by operation
law, the bondholders under said mortgages, thei
successors and assigns, are constituted corpor;
ton as of the date of the foreclosure for all tn
nd Wn az e gS hnd
Ogdensbnrg Railroad Company by its charter an
with all the franchises, rights, powers, privilege
and obligations conferred upon said bOndholdel
and upon said new corporation by Chapter 5o7
the Private and Special Laws of the State of Main
for the year 1885, entitled IAN act in relation
the Portland & Ogdensburg Railroad Company
and approved March 5, 1885, and by Statute
the State of New Hampshire entitled "An act
| relation to the bondholders of the Portland g. o.
densburg Railroad Company and approved Jul
IT. 1886:
Now therefore, the undersigned, seyerally hol
| ers of bonds secured by said mortgages for an
| in behalf of said bondholders and said new co
| poration, in pursuance of the provisions of til
ffty-frst chapter of the Revised Statutes Of MaiI
| and of the said Special Act OF the Legislature
| Maine relating to the Portland & Ogdensbul
Railroad Company, approved March s, 1885,
| hereby give notice thai the first meeting of sa
new corporation will be holden in Portland in Il
| densburg Railroad Compony at ten O'Clock in Il
| forenoon of TUESDAY the eighth day of June, !
| ID. 1886, for the following purposes:
| (1)-To prepare or cause to be prepared a Ii
| of the bondhOlderS in attendance with the numb
| of bonds and overdue coupons represented.
| (2)-To ascertain and verify all OutStandiI
| bonds and overdue coupons and provide for e
| 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 COVER
| ment of the new corporation.
| (6)-To adopt measures to obtain Settleme
| with the trustees under said mortgages, and sui
| able and sufficient conveyances from them of a
right title and interest acquired by them as trus
ees by virtue Of said mortgages and the foreclo
| ure thereof.
(T-To transact any other business that may
necessary to perfect the legal organization of sa
corporation.
City of Portland By
c. CHAPMAN.
WHITMAN SAWYER,
| d