Ellsworth American., 1903-11-18
TfaaI Notifeg

UNITED STATES CIRCUIT COURT DISTRICT oY
Maine.-- CENTRAL TRUST COMPANY or NEW
uoGSfY RAILROAD GomPGNY. Defendant; county
Of Washington and JAMES MITCHELL Iateryenors-
Under and by virtue Of decree rendered in this
cause on the 9Th day Of july. 1906, and died in tho
ofice Of the Clerk Of this Court the undersigned
snseiai Master apto..ce y .iis sai4 aecfee. VIA
cordance with che terms and conditions Of de-
cree At the station OF the Washington County Rail-
tOaa soinyaiis at Naiass m ls Ss1aity % wasuins-
ton, in the State Of Maine. The property TO be
Sold on the 18th day Of December 1903, at ten
o'clock in the forenoon of said day, the following
property, to wit:
All and singular the railroad OF the Washington
County Railroad Company, extending from a point
in the City Of Calais. County Of Washington and
State of Maine, through the Counties Of Washington
and Hancock point the Maine Central Rail-
Eastport. In said Washington County the said
railroad and branch are now located and also an
the railroad and franchises and property formerly
Of the Calais Barring Railroad Company described
in n certain deed executed nv George 4 furran
James Murohie and George A. Lowell to Frank Il
Randall. bearing date August !, 1898, and also all
the property priyileges, benefits profits. emolu-
mens and easehoid interests eonveyedto Wash ngton
County Railroad Company by certain deed exe-
cuted by Frank Z. Randall and recorded in the
page 476: and also all the railroad formerly belong
ing to the st. Croix & Penobscot Railroad Company
running from Calais to Princeton. through the towns
of Bariug and Bafleyyille Washington County, and
the parish of ST. Stephen, In the Province Of New
Brunswick together with all the other property de-
scribed in certain deed given by the 81. Crolx =
Penobseot Railroad Company to the City Of Calais,
dated March 20, 1870 and recorded In the Washing
ton County Registry OF Deeds book 126 page SSs.
and also all and singular the lands tenements and
hereditaments rights Of way and easements and all
interests in lands held on March TO- lsss or there
after acquired by the Washington County Railroad
Company for the uses and purposes of the afore-
patent. grants of land and of land under
water and water rights, and all easeholds,
leases terms and parts Of terms. rights under
leases contracts covenants agreements. rights
of trackage terminal, bridge dock and ferry rights.
licenses permits and privileges from the United
States from the State of Maine or from any gov
ernmental municipal authority. and all other
rights privileges and franchises general special
held by the Washington County Railroad Company
March TO- 1885, thereafter acquired for the
and purposes Of said railroad or branch and also all
railways, tracks, sdings, spurs turnouts bridges.
station houses. depots. freight houses. warehouses,
elevators roundhouses car houses storehouses.
turntables, water tanks, machine shops repair
shops, docks, wharves, ferry houses and other
structures, buildings, erecions and fixtures of every
kind held March TO- 1893 thereafter acquired
by the Washington County Railroad Company for the
ard purposes ofthe said railroad branch and
also all locomotives, engines cars and other rolling
stock and railway equipment, and all ferryboats,
steamboats,, tugboats floats. barges and other foat~
ing equipment. and all tools. rails, ties, machnerys
implements fuel and materials held March 10, 1893
thereafter acquired by the Washington County Rail-.
road Company for the and purposes of the sai&
railroad branch and also all other property real
personal or mixed held by the Washington County
Railroad Company March 10, 1898. thereafter
acquired for the purposes OF or branch or
for the construction operation or maintenance repara
tion replacement of the said railroad or branch
or any part thereof; and also all rights. powers.
privileges and franchises and franchises relating to
useful for the said railroad branch including
the right to operate and maintain the same held on
March 10, 1898, thereafter acquired by the Wash
ington County Railroad Company; and also all the
tolls rents Issues earnings and prohts of the rail-
road branch and other property, rights and fran
chises mortgaged conveyed by said railroad COM
pany in and by its FIRST consolidated mortgage to
the Central Trust Company of New York, Trustee,
bearing date March 10. 1898 Excepting and reserv-
ing thererom certain parcels of property heretofore
released by the Central Trust Company OF New York
from the lien of certain mortgage made by the
Washington County Railroad Company to the Gen.
tral Trust Company of New York. Trustee, bear
scribed in said decree on file in the office OF the
clerk of said United States Circuit Court st Port
The aforesaid premises property ana franchises
will be sold subject the lien of aud all taxes,
assessments and water rates lev eH assessed
against the same or any part or portion thereof,
subject all claims for operating aeaSes in-
euding supplies and materials furn ehed and trafhc
balances. which have accrued during the tendency
of this cause, and which the available cash in the
treasury of the Washington County Railroad Com
pany at the date OF said sale may not be sufficient
No bid will be received by the Special Master
from any person no shall not first dopcsst With him
of its acceptance the sum of twenty-five thousand
dollars (S25 0O0l in cash OF by cert fed check on
national bank or trust company OF the C!ty OF
New York the City of Boston, made or endorsed
payable TO the order of the said Special Master.
The deposit received from any unsuccessful bidder
Will be returned to him when the property shall
be struck off. The Special Master wlil accept
bid for the said mortgaged premises, prop
and franchises less than the sum Of two million
three hundred thousand dollars (s2, 0e09 ON the
acceptance OF bid the purchaser shAiI forthwth
pay to the Special Master in addition to the amount
OF the deposit qualifying him to bid at said sale
the sum of $4,000 in cash or by certified check on
any national bank or trust company In the
City of New York in the City of Boston.
made endorsed payable to the order Of
the Special Master. In any bidder shall
fail to make good his bid upon its acceptance by
the said Special Master. shall fail after such ae-
cepanee to comply with any order OF the court re-
laing to the payment thereof and the contamination
of the purchase. then the sums deposited by such
purchaser whether paid in cash represented by
check, shall be forfeited a penalty for such
failure and shall be applied to the payment o.
making good any deficiency loss in case the
property shall be sold at less price at such re
sale If the shall not confirm the sale
for which a deposit shall have been made,
such deposit shall be returned to the bidder.
The purchaser shall on confirmation OF the sale
by the court make such further payment or
payments in cash account of the purchase price
as the court may from time to time direct. So much
the purchase price may not be required by tho
court to be paid in cash can either be paid In cash
the purchaser may satisfy and make good sueh
residue of his bid in whole in part by turning
In to be cancelled credited the mortgage bonds
and coupons of the defendant Washington County
Railroad Company in and by said decree adjudged 70
be secured by its mortgage deed of trust dated
March TO- 1898 and entitled share in the dstrbu-
tion Of the proceeds of sale provided in and BY
said decree entered in this cause and the purchaser
will be credited on account of such bonds and coo-
pons with such sums would be payable in cash in
exchange therefor of the proceeds of sale the
whole amount of the purchase price were paid In
cash.
The court reserves the right to resell the prop
erty upon such notice the court may direct In
case the purchaser Shall fail or omit 10 MAKE aus
payment account of the unpaid balance OF the
purchase price within thirty days after the entry
Of the order requiring such payment.
The aforesaid property premises and franchises
will be sold in lot or parcel thout valuation.
appraisement, redemption extension.
For particular description Of the property,
premises and franchises TO be sold, and the terms
and conditions of the said sale. reference Is hereby
made to the said decree of foreclosure and sails
entered in this cause and filed in the Office OF the
Clerk of the United States Circuit Court for ths
District of Maine at Portland, Maine.
Dated November IS, 1868
CHARLES F. LIBBY,
Special Master.
BUTLER, HOFFMAN, JoLINE & MYNDERSB.
CHASE EASTMAN,
Solicitors for Complainant.