Daily press. [volume] (Newport News, Va.) 1896-current, 1905-09-13

in the Circuit Court of the United
States for the Eastern District of Vir-
ginia, on the oath day of July, 1905, in
tho consolidated causes in equity
styled John G. Powell and Edward
Powell against the Hampton Roads
Railway and Electric Company and
the Providcnt Life and Trust Com
pnny of Philadelphia. Pa, against the
Hampton Roads Railway and Electric
Company, default having been mado
by the Hampton Roads Railway and
Electric Company in the payment of
S76i ,962.50,. with interest thereon as
required by said decree, We. the ur-
dersigncu commissioners, will, In from.
of the Court House of the County of
Elizabeth City in the Town Of IIamp.
ton, in the State of Virginia, on the
9th day Of October. 1905, at II o'clock
NJ. of that day, expose To sale at pub
| lie auction, to the highest and best
bidder or bidders, the franchises and
property Of the said Hampton Roads
| Railway and Electric Company; that is
| to say,
All OF the rights, franchises, per-
mits, property and assets of every
! kind conveyed by the Hampton Roads
| Railway and Electric Company to the
Providcnt Life and Trust Company
OF Philadelphia, Pa, by certain mort.
| gage or deed of trust dated February
| LIST, 1901. and now in the possession
and control Of the receivers in the
| said consolidated cnuscs, together
| with all the rights. franchises. proper
ty and assets pertaining to said com.
pany which may have been acquired
by the said receivers, or either of
them Included III said rights, fran
chiscs, permits, property and assets
arc the lines of electric railway now
operated by the receivers, or said con
sGlidatcd causes, between Newport
News. Hampton, Phochus and Old
| Point Comfort, and between Hampton
and Buclroc Beach and between La
| Sale avenue and the power house on
llcrbcrt's creek, together with all side
| tracks, turnouts, switches, water
tanks, wires. poles. power houses. dy-
namos, machinery of every kind, roll.
ing stock, equipment of every kind,
pertaining to said electric lines. And
i'll addition TO the above property all
and singular the property Of the
Hampton Roads Railway and Electric
| Company now in the possession of the
said receivers or to the possession If
which they may he entitled. of every
Kind and description whatsoever.
whether such property shall fall within
| the classification and description
above given or not. For more dc
tailed description Of said property ref.
crcncc is made to the Inventory of the
rcccivcrship heretofore filed in this
cause, with such lamentations thereto
as have been made from time to time,
as well as 10 the rcpDr"' Of the said rc-
| ceivcrS from time to time made to the
court: the inventory and reports are
on file in the clerks office of the Cir.
! chit Court of the United States, ut
| Norfolk, Virginia, and may be there
examined.
TERMS OF SALE:
| On the acceptance of any bid The
purchaser shall forthwith deposit with
the commissioners, the sum of
S2O.OOO.00 III none or certified
check or checks on 2ny National Bank
or Trust Company in the city of phila-
dclpha, Pennsylvania, and no bill
shall be received or accepted without
the said deposit being ma'lc-thc said
deposit shall be received as part pay
mcnt for the property purchased.
| Upon the confirmation hy the court
OF the sale, the balance of the pur,
chase price shall he paid by the sue.
or partly in cash and partly by receipt.
ing to the commissioners for the divi
! dcnds, payable to such purchaser out
of the net proceeds of such sale upon
any Of the bonds or coupons held by
the purchaser, PROVIDED, that moi
| less than 5000 900 i'll addition to the
said 100000 shall &c paid in cash or
Receivers certificates, at par, with
interest. And purchaser shall state
TO the commissioners at the time OF
| the sale whether he proposes to pay
the entire balance of the bid in cash
or whether the purchaser desires L,
receipt for dividends upon bonds OF
coupons held by him. If the purchaser
shall fail to make payment of the bal
ance Of the purchase price upon con
| firmation of the sale or to comply with
any order Of the court III respect there
to. then the sum deposited by sucl'
purchaser shall be forfeited as penal
| ty for such failure, and shall he ap
| piled to the expense OF resale. II
tho court shall not confirm the sale 70,
which deposit has been made, sucl
deposit shall be returned to the bid
der.
The purchase of the property shall
not be construed as an election TO &C
| c9p. any contract, agreement or tern
sold with tho property and franchises
which within four months after Tho
delivery of the deed, the purchaser
shall have elected not to assume.
| Upon the confirmation by the Court
of the sale and the payment of the
balance of the purchase price and up
on order Of the court directing tho
same, the commissioners will execute
Il good ami sufficient deed for the
premises SO sold and purchased The
purchaser or his assigns shall, as o
part consideration and in addition to