The Portland daily press., 1886-05-13
NOTICE.


apr17dtf GEO. G. BURGESS, Secretary.
NOTICE.
Whereas in proceeding in equity TO- foreelose
certain mortgages upon the Portland y Ogdens,
burg Railroad in the Circuit Court OF the United
States for the District of New Hampshire, having
jurisdiction of said suit and OF all the parties IN
interest thereto. at the May term thereof A. D.
1855, to wit on the twelfth day of May, 1885, in
which proceeding the Mercantile Trust Company
ct ais, were compliments and the Portland q
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 4 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-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 a 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 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 by;
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
bred ninety thousand, seven hundred forty-four
dollars being the amount overdue and payable as
aforesaid IA Distributed nv 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 g. 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 Ogdensburg Railroad
Company and all persons and corporations claim
ing by, through or under it, shall be and for
ever barred and foreclosed from redeeming IRON
any of the mortgages following, to wit: The mort
cages from said Portland & Ogdensburg Railroad
Company to Samuel E. Spring, Weston Z. Milli-
ken and George +. Emery, dated the first day Of
November in 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
hundred and eighty-two, and to Samuel E. Spring,
Weston +. Millflzen and Nathan Webb dated the
fifteenth day OF May IN the year OF OurLOru eighteen
hundred and eighty-two, and to Samuel E. Spring,
Nathan Webb and Weston f. Milliken, dated the
twenty fifth day Of February, in the year OF our
Lord eighteen hundred and eghty-four: and that
thereupon said Weston F. Milliken, 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
solutely the owners of all the RAILROAD of said
Portland & 0gdensburg 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 s. 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
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 this cause receiver
of said railroad and its appurtenances, or by his
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 or any
part thereof from said Webb. Millken 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:
none 81 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 s. Ogdensburg Railroad Company, and
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, Mlliken and Emery, dated the first day OF
November in the year of our Lord eighteen hun
sd ssrna ken and Webs dated
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 g. 0gdensburg
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 contract in any railroads forming
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 its railroad
and of all the franchises of sad 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, maehin
cry and equipments OF said railroads, and OF all
other personal property appertaining, to, or con,
nected with the customary use and working OF
said railroad and machinery thereof. and of all
the privileges and appurtenances thereof or be-
longing thereto and of all other property, fran
chiSes, rights and privileges conveyed or intended
to be conveyed by said four mortgages first here
inbefore described, or any of them, subject TO
said prior mortgage from said Portland q 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 iiabili-
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 Il Ogdens-
burg Railroad Company, or persons or corpora,
tions claiming by, through or under it, to redeem
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 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 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
WlIIl all Ifle lTducHlSto, poNtIS,
and obligations conferred upon said bondholders
and upon said new corporation by Chapter 507 of
the Private and Special Laws of the State of Maine
for the year 1885, entitled 'An act in relation to
the Portland s. Ogdensburg Railroad Company
and approved March g. 1885, and by Statute OF
the State of New Hampshire entitled AN act In
relation to 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-frst chapter of the Revised Statutes OF Maine
and of the said Special Act of the Legislature OF
Maine relating to the Portland q OgdensbuTg
Railroad Company, approved March 3, 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.
ID. 1886, for the following purposes:
(1l-To prepare or cause to be prepared list
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 a
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 q settlement
with the trust eS under said mortgages. and suit