The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-01-26
AUCrToS. sar.E. !, Future s,sx..

I,y Dayenpari.s CO..
8 stock Brokers and AuctIoEeers sszs
ofacc 11o4 Mali, s'rcei-F1r- National Bank
t.i fsut.diDR.
COMMISSIONERS ALEATAUcTToN
~ .ses or THE
CHESAPEAKE AND OHIO RAILROAD.
Pursuant to q decree OF the Circuit Court Of the
March, 1877, and DEGREES subsequently entered BY
said CoRrt, in the suit OF Duncan ana Gainoun,
u.s. The "a ee9 OF he ern
court OF The county Of kanawha. In the state Of
West Virginia. entered on The 18th day OF Decem-
5er 1877, In the suit of Duncan and Cahoun. 1r1s-
tees, %. The Chesapeake and Ohio Railroad Com
pany and others, also therein depending the UNDER
decrees viii sell at public auction, to the highest
bidder, az the rooms Of the Chamber OF Commerce,
No. I1o4 Main street. In The city Of Rishmond, at
the hour of IL d. on the 2p DAY OF APRII1,
c fhs lPf sR1Fe AND oHfo RiLEoaD COM
pon IN e james Se in The
State of Virginia, TO point on the Ohio river, In
s9s Virginia tqgsthsT VIZ a its is
ts s Gsd F1R oISs iSSs Sn
Ing. IANps. BgfLpISGs: MAcHfNERYs Roll
ING STOCK, MATERIALS, and other TROOPER
h1e canssnea in the
made by the Receiver under the ORDER Of The Court,
will vi be p for e b
before the saIe.that is 10 say, AN and sin
gage tosthe Board of Public Works Of Vir,,
ginia executed by the Virginia Central Railroad ,
1866, Including the rights, privileges. and fran
| chises embraced In said mortgage: all and singular
the premises, rights PRIVILEGES, and franchises In
W. Fry, William II. mcfarland, and James Lyons,
executed by SAID Virginia Central Railroad Conn
pany, bearing date on the I'd day Of june 1854 all
and singular the premises, rights, privileges, and
franchises included and conveyed in and by the
SON, executed by said Virginia Central Railroad
Company, bearing date on the 9Th day of February,
a and and
and by the trrst-deeI to Phllo G. Calhoun, William
Butler Duncan, William Orion, and , Mathe ", F.
pany bearing date OH the 1s day of October, 1868:
all and singular HE premises, rights, privileges, and
irnst-dced executed by said chesapeake ana Ohio
Railroad Company TO Pho c. Calhoun and Will
liam Butler Duncan, bearing date on the 9th day
of January, 1870; and all and singular the prcnl-
ises, rights, privileges, and franchises included and
conveyed In and by the trust. decd executed by said
Philo c. Calhoun and William X. Kitchen, bearing
| date on the LIST day of October, 1872.
| All which will be sold US an entirety free and dis
charged of and from The liens and incumbrances of
the said several mortgages and deeds OF trust and of
and from each and every of said deeds of trust
| or mortgages, and free and discharged OF and from
all and singular the liens Of every kind and dcscrip-
ton In said DEGREES found and rccted except The
shall be established, and the lien for The certificates
of Indebtedness Of the receiver for the payment OF
the arrears Of taxes due to the state OF Irnd II
| the time Of sale.
| TIE TERMS OF SALE WILL BE AS FOLLOWS:
| The purchaser shall pay on the day of sale. or
within such short time thereafter not exceeding
ninety days the undersigned may designate on the
day OF sale. The sum Of TWO hundred thousand dol
lars tS200,000) in cash; but any sums which the
Receiver shall In the meantime have applied out of
interest due and accrued OH the obligations of the
Virginia Central Railroad Company, er TO such
other purposes rs the same may have been properly
applied under tho orders of the Court and any sums
which at the expiration OF The said ninety days he
mays IN ia eF ba pS s e h 1l Up
so required to be paid III cash.
For so much Of the purchasc-moncy as shall be
equal to the balance Of The interest and accrued
on the obligations of the Virginia Central Railroad
| Company at the date of the trust-deed hereinafter
mentioned as directed to be made for the security
thereof, and as may be thon unpaid and unprovided
for (lhe amount whereof will be estimated as nearly
as possible and made known At day OF Sale), credit
Is to be allowed OF three years from dry OF sale III
equal annual insialmentS, with Interest thereon at
| the rate of six per cenIum per annum payable
For the further sum of four hundred and eighty
seven thousand five hundred and snty-eight dol
lars and ninety cents ls4s7Sas9ol pe6res%Snt Hm
and Howlson, and also the principal of the several
sums found and stated to be due In the eighth para,
graph of said decrecS), and also for any additional
| sum which may be due OIL account Of any of the
| claims In said eighth paragraph mentioned Qhe
amounts whereof will be ascer.aincd as near:
sale). 1; credit is to be allowed Of five years
from date Of sale, with Interest at the rate Of eight
P Pee tine Of he part thereon Which
represents The principal of the eight per cent bonds
IL, Dnf
with Interest upon the residue Of SAID principal
nj the rate Of six per ccntum per annuH, pay
For tho further sum OF one million eighteen thou.
sand dollars 81, ,000), representing the prnci-
to Fry and Maefarland and Lyons, and under lie
mortgage to the Board OF Public Works OF Virginia,
credit is to be allowed from the date OF sale until
the 1st day Of july 1887. with interest at the rate
of Sin per centum per annum, payable semi-a
nually. Payment of the said several sums for which
est thereon. and of the bonds which may he issued
as hereinafter mentioned is to be secured by trust
dced, executed to the satisfaction of the Court, on
| all and singular the premises sold, constituting
first lien thereon, to be executed and delivered to-
trustee trustees to be appointed by the Court 81
simultaneously with The delivery OF the conveyance
| of the premises to the purchaser.
The said trust deed shall by Its terms maintain and
the different classes Of bonds of the said Virginia
| Central Railroad Company. Appropriate and con-
reanec 90 Whch ere IS be- ven M aoresd
shall be created issued, and delivered to the several
creditors entitled TO receive the same; and In case
OF any tliSagcemeutS to the form and tenor there
Of the same shall be settled and prescribed by the
courts, on application: To enable the purchaser or
purchasers or his their representatives assigns,
If he they shall desire to 10 So TO anticipate the
payment of the said several sums In respect of which
credit Is to be allowed Aforesaid and To provide
for the reimbursement of sums paid in respect OF the
indebtedness of the Fircinia Central Railroad Com
pany The several specific liens aud the expenses Of
the cause. he they may create and issue, from
time 10 ime under the said decd OF trust and to be
secured by the lien thereof, when and to the extent
that the same shall be endorsed with the certificate
of the trustee In said deed 10 that effect bonds to
such an amount not exceeding IN the aggregate the
aggregate amount of the existing inGcbted ncss of
| the Virginia Central Railroad Company, and the
amount OF such specific liens and expenses with ill.,
tcreSt accrued and to thereon. and the amount
which has been aScertained 10 be due to and decrced
in favor Of the State of Virginia for of taxes
and Of such denominations and tenor rs said pur-
chaser or his representatives or assigns may deter
mine
The said bonds are 10 be endorsed by the trustee
when requested, to the effect that they are secured
by the lien thereof. TO the extent and amount that
any part OF the said existing Indebtedness of the
Virginia Central Railroad Company, of the said
specific liens and expenses arrears OF taxes shall
have been previously pale off, or upon the receipt
by him OF the par value thereof with accrued inter
est, or upon the surrender to him OF equivalent
purchaser to the several creditors Of the Virginia
Central Railroad Company for that part of the pur-
| chase-money for which credit is 10 he allowed.
accriing between the date of sale and the convey
aucc of possession to the purchaser purchasers.
his or their representatives assigns, that may
not be otherwise disposed OF in pursuance of
applied under direction of the Court, by the
Receiver for the benefit of the purchaser or pur-
chascrs his their representatives assigns, and
in the first place towards The payment and discharge
Of that part of the purcbasc-money applicable to
the payment and satisfaction Of the pIst-due iu-
terest the bonds OF the Virginia Central Railroad