Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1903-11-25
IfnaI Natirrs

UNITED STATES CIRCUIT COURT. DISTRICT o.
Maine CENTRAL TRUST COMPANY or NEW
YORK Complainant. against WASHINGTON
COUNTY RAILROAD COMPANY. Defendant; County
Of Washington and JAMES MITCHELL. Interyenors.
Under and by virtue Of decree rendered In this
on the 9Th day Of July, 1903. and aled In the
offce OF the CLERK Of this Court 4 the undersigned,
specia Master appointed BY the said decree viii
sell al public auction 70 the highest bidder In
cordance with the terms and conditions OF said de-
cree, at the station Of the Washington County Rail-
road Company at Calais in the County Of Washing
sold on the nth day OF December 1906 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 point
State Of Maine. through the Counties Of washington
and Hancock to point On the Maine Central Rail-
Eastnor az ssia osho rn pfan s s.
railroad and branch located, and also all
the railroad and franchises and property formerly
in a-cetain deed executed by George A. Curran.
James Murchie and George A. Lowell to Frank e
Randall. bearing date August l, 1898 and also all
the property. privileges. benefits. profits emolu-
ments and easehold interests Washington
County Railroad Company by a certain deed exe-
cuted by Frank f. Randall and recorded in the
Registers Office of Washington County, IN book 224.
page 476 and also all the railroad formerly belong
ing to the 81 Croix Penobscot Railroad Company
running from Calais to Princeton through the towns
Of Barring and Baieyvle, Washington County, and
the parish OF ST. Stephen in the Province of New
Brunswick together with all the other property de-
Penobscot Railroad Company to the City OF Calais,
dated March 90 1870, and recorded in the Washing
and also all and singular the lands. tenements and
Entertainments. rights Of way and easements. and all
after acquired by the Washington County Railroad
Company for the and purposes Of the afore-
patent. grants Of land and Of land under
water and water rights. and all leaseholda,
leases contracts agreements, rights
of trackage terminal, bridge dock and ferry rights,
States or from the State OF Maine or from any gov-
ornamental or municipal authority. and all other
rights, privileges and franchises, general special.
held by the Washington County Railroad Company
on March TO- 1898 or thereafter acquired for the uses
and purposes of said railroad branch and also ali
railways tracks, sidings, spurs, turnouts bridges,
station houses, depos. freight houses warehouses.
turntables, water tanks machine shops. repair
shops, docks, wharves ferry houses, and other
kind. held on March TO- 1895 thereafter acquired
by the Washington County Railroad Company for the
uses and purposes ofhe said railroad or branch and
also all locomotives engines, cars and other rolling
stock and railway equipment and all ferryboats.
steamboats,, tugboats floats barges and other noat~
ing equipment and all tools rails, ties, machinery,
implements fuel and materials held on March 10, 1888
or thereafter acquired by the Washington County Rail-
road Company for the uses and purposes Of the said
railroad branch and also all other property. real
personal mixed held by the Washington County
Railroad Company on March TO- 1885, or thereafter
acquired for the of said railroad branch or
for the construction operation maintenance,
tion replacement of the said railroad or branch
OF any part thereof; and also all rights. powers,
privileges and franchises. and franchises relating to
or useful for the said railroad or branch, including
the right to operate and maintain the same, held ON
o,
ington County Railroad Company and also all the
tolls issues earnings and profits of the rail-
road or branch and other property rights and franz
pany in and by its first consolidated mortgage to
a Mash s ana
ing therefrom 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 Cen
trail Trust Company Of New York as Trustee. bear
ing date March 10 1898, particularly de-
scrbed in said decree on file in the office Of the
clerk Of said United States Circuit Court at Port
The aforesaid premises property and franchises
will be sold subject to 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
Guiding supplies and materials furnished and trafio
balances, which have accrued during the tendency
Of this ~ and Which the avasbe eah IN d the
at the date of said sale may not be sufficient
to satisfy.
any person who shall not first deposit with him
as pledge that he will make good ms bid In case
dollars s25 00Q) 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 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 snaa
be struck Off The Special Master will accept
no bid for the said mortgaged premises. prop
three hundred thousand dollars G2, 300 OoO) On the
acceptance Of any BID the purchaser shall forthwith
of the deposit qualifying him to bid at said sale
the Of $4,000 in cash or by certified check on
any national bank trust company in the
City of New York or in the City of Boston,
made or 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 ac
ceptanee to comply with any order of the court re-
latng 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
making good any deficiency or loss in case the
property shall be sold at less price at such re-
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 on account of the purchase price
as the court may from time to time direct SO much
of the purchase price not be required by the
to be paid in cash either be paid in cash
or the purchaser may satisfy and make good such
residue of his bid in whole or in part by turning
in to be cancelled or credited the mortgage bonds
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 TO- 1895 and entitled to share in the distribu
ton Of the proceeds Of sale provided in and by
said decree entered in this and the purchaser
will be credited on account of such bonds and eou-
pons with such 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
The court reserves the right to resell the prop
erty upon such notice as the court may direct in
case 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 one 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 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. 1903.
CHARLES F. LIBBY,
Special Master.
BUTLER. HOFFMAN. JoLINE MYNDERsE,
CHASE EASTMAN
Solicitors for Complainant.