Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1903-12-02
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UNITED STATES CIRCUIT COURT. DISTRICT %
Malne.--c ENIRAL TRUST coMPANY or NEW
YORK Complainant, against WASHINGTON
Of washington and JAMES MITCHELL. Iuteryeaors-
Under and by virtue q decree rendered in this
cause the 9Th day OF July, 1893 and filed in the
Office OF the Clerk this Court 4 the undersigned.
SpeGia Master appointed By rie said decree, VIII
ssIf al public aaefi1D to III hlehes hidder ii ac-
rorlafce with the and conditions 81 SAID de-
cree, the station o. the Wsshingtqn County Rail-
ROAD Company at Gaieis in the Ceapts Of Washing
sold, the 18th day OF December. 1903. at ten
O'Clock IN the forenoon Of sad day, the following
property. to wit.
All and singular the railroad Of the washingtoa
County Railroad Company, extending from point
In the city Of Calais County OF Washington and
State Of Maine through the Counties OF Washington
and Hancock. 70 point On the Maine Central Rail-
Passport n satd washington county as the SAID
railroad and branch are now located, and also all
the railroad and franchises and property formerly
Of the Calais 6 Barring Railroad Company described
in a certain deed executed by George A. Curran,
James Murehie and George A. Lowell to Frank T.
Randall bearing date August /. 1885, ana also all
the property, privileges. benefits profits, emolu-
neRts and leasehod interests conveyed to Washington
County Railroad Company by certain deed exec
cuted by Frank f. Randall and recorded in the
Register office OF Washington County In book 224
page 476 and also all the railroad formerly belong-
ing to the 81 troix Il Penobscot Railroad Company
running from Calais to Princeton through the towns
Of Barring and BaileyYille, Washington County, and
the parish Of ST Stephen. in the Province OF New
Brunswick, together with all the other property de-
soribed in eerta deed given by the st. Croix b
dated March %. 1870 and recorded in the Washing
ton County Registry Of Deeds book 1876 page $50;
and also all and singular the lands tenements and
Entertainments, rights Of way and easements and All
interests in lands held March TO- 1888 there
after acquired by the Washington County Railroad
Company for the uses and purposes OF the afore-
said railroad or branch; also all letters
patent, grants OF land and of land under
water and water rights and all easeholda
leases, terms and parts Of terms, rights under
leases contracts covenants or 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 or municipal authority. and all othsr
rights, privileges and franchises general special
held by the Washington County Railroad Company
on March TO- 1885, thereafter acquired uses
and purposes Of said railroad or branch and also an
railways tracks, sidings. spurs. turnouts bridgea,
station houses, depos, freight houses, WAREHOUSES
elevators roun6bouses houses, storehousss.
turntables water tanks machine shops repair
shops docks. wharves ferry houses. and othsf
structures buildings erectons and fixtures Of every
kind held on March TO- 1898, or thereafter acquired
by the Washington County Railroad Company for the
also all locomotives engines. and other rolling
stock and railway equipment. and all ferryboatA
ing equipment and all tools rails ties machinery,
implements, fuel and materials held on March10. 1oo
road Company for the uses and purposes Of the ~
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 OF said railroad or branch
for the construction operation or maintenance repairs
tion replacement of the said railroad or branch
or any part thereof; and also all rights. powerA
privileges and franchises. and franchises relating 70
or useful for the said railroad branch, including
the right to operate and maintain the same held On
March 10, 1885, thereafter acquired by the WarA-
ington County Railroad Company, and also all the
tolls rents issues earnings and profits of the rail.
road or branch, and other property rights and fra1-
chises mortgaged or conveyed by said railroad con-
pany in and by its first consolidated mortgage 70
the Central Trust Company Of New York, Trustee.
bearing date March 10, 1898. Excepting and reserve
released by the Central Trust Company of New York
from the lien OF certain mortgage made by the
Washington County Railroad Company to the Gem
trail Trust Company of New York, as Trustee. bear
ing date March 10, 1898, as more particularly de-
scribed in said decree on file in the office OF the
land Maine
The aforesaid premises property and franchises
will be sold subject the lien OF any and all taxes
assessments and water rates levied assessed
against the same or any part or portion thereof.
and subject to all claims for operating expenses IN
GLIDING supplies and materials furnished and trafae
balances which have accrued during the pendency
of this cause and which the available cash In the
treasury of the Washington County Railroad Com
pany the date of said sale may not be sufficient
to satisfy.
No bid will be received by the Special Master
from any person who shall not first deposit with him
as pledge that he will make good his bid in case
of its acceptance the sum of twenty five thousand
dollars (s25. 00o) in cash or by certified check on
some national bank or trust company of the City Of
New York or the City of Boston, made 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 will accept
bid for the said mortgaged premises, prop
three hundred thousand dollars 49, 300 600, On the
acceptance of bid the purchaser shall forthwith
bay the Special Master in addition to the amount
of the deposit qualifying him to bid at said sale
the OF s25, 900 in cash or by certified check on
City Of New York or in the city Of Boston.
made endorsed payable to the order of
the speciaf Master. In case any bidder shall
fail to make good his bid upon its acceptance by
the said Special Master or shall fail after such ac-
ceptance to comply with any order of the court re-
laing to the payment thereof and the consummation
of the purchase. then the sums deposited by such
purchaser. whether paid in cash or represented by
check, shall be forfeited as a penalty for such
failure and shall be applied to the payment of
the expenses of the sale or of resale and toward
property shall be sold at less price at such re-
sale If the court shall not confirm the sale
for which deposit shall have been made,
such deposit shall be returned to the bidder.
The purchaser shall on confirmation of the sale
payments in cash account of the purchase price
the court may from time to time direct. SO much
of the purchase price may not be required by the
court be paid in cash either be paid in cash
the purchaser may satisfy and make good such
residue OF his bid in whole or in part by turning
and coupons of the defendant Washington County
Railroad Company in and by said decree adjudged to
be secured by its mortgage or deed of trust dated
March 10 1885, and entitled share in the distribu
ton of the proceeds of sale provided in and by
said decree entered in this cause and the
will be credited account of such bonds and cou'
pons with such sums would be payable in cash in
exchange therefor out of the proceeds Of sale II 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
the purchaser shall fail or omit to make any
payment on 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 parcel without valuation
appraisement, redemption extension.
For more 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 sale
entered in this cause and filed in the office Of the
Clerk of the United States Circuit Court for the.
District of Maine. at Portland Maine.
Dated November Is, 1908.
CHARLES F, LIBBY.
Special Master
BUTLER. HOFFMAN, JoLINE & MYNDERsE.
CHASE EASTMAN,
Solicitors kor Complainant