Daily press. [volume] (Newport News, Va.) 1896-current, 1905-09-27

HAMPTON ROADS RAILWAY d e.
PRovIDENT LIFE AND TRUST
Us.
HAMPTON ROADS Railway d T.
pursuant to O certain decree entered
in the Circuit Court Of the United
States. for the Eastern District OF Vir.
ginla, on the 21th day of July, 1905, in
the 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,
pany of Philadelphia, Pa, against the
Hampton Roads Railway ami Electric
Company, default having been made
by the Hampton Roads Railway and
Electric Company in the payment of
ii.962.50, with interest thereon US
required by said decree, we, the I'M
Icrsigncd commissioners, will, in front
OF the Court House of the County of
| Elizabeth City, in the Town OF Hamp.
ton. in the State of Virginia, on the
9th day Of October, 1905 at 12 o'clock
NJ. of that day, expose to sale at pub.
lie auction. to the highest and hest
bidder or bidders, the franchises and
property of the said Hampton RoaIs
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
Provident Life and Trust Company
| lthllnnntnhiu Dl t,xrD al ,t,,,
gage or decd Of trust dated February
LIST, 1901, and now in the possession
| and control Of the receivers in the
said consolidated causes, together
with all the rights, franchises, proper
ty and assets pertaining to said COM
nany which may have been acquired
| by the said receivers, or either of
them. Included in said rights, frau
chiscs, permits, property and assets
are the lines of electric railway now
operated by the receivers, or said con-
s0lidatcd causes, between Newport
| News, Hampton, Phoebus and Old
Point Comfort, and between Hampton
and Bucliroc Reach and between La
Sale avenue and the power house on
| ilcrberts 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
| in 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 10 the possession Of
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 de-
tailed description OF said property ref.
ercnce is made to the Inventory of the
reccivership heretofore filed in this
cause. with such lamentations thereto
as have been made from time to time
as well as to the repor'- of the said re-
ceivers from time to time made to the
court; the inventory and reports arc
on file in the clerks Office of the Cir
cult Court of the United States. at
Norfolk, Virginia, AMI 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,0O0.OO in mone..' or certified
check or checks on 2ny National Banl,
or Trust Company in the city, of Phila
delphia. pennsylvania. and no bill
shall he received or accepted without
the said deposit being madc-thc said
deposit shall be received as part pay.
ment for the property purchased.
Upon the confirmation by the court
of the sale, the balance of the pur
chase price shall he paid by the sue
cessful bidder, either entirely in cash
or partly in cash and partly by receipt
ing to the commissioners for the divi
dends, payable to such purchaser out
OF the net proceeds Of such sale upon
any of the bonds or counons held by
the purchaser, PROVIDED, that moi
less than 100000 in addition to the
said $4,000 shall be paid in cash OF
Receivers certificates, at par, with
interest And purchaser shall state
TO the commissioners at the time O,
the sale whether he proposes to pay
the entire balance of the bid in cash
or whether the purchaser desires Il
receipt for dividends upon bonds OF
coupons held by him. II the purchaser
shall fail to make payment of the bal
ance OF the purchase price upon con
hrmation of the sale or to comply with
any order of the court in respect there
10, then the sum deposited by such
purchaser shall be forfeited as penal,
ty for such failure, and shall he an
Piled to the expense of resale. II
the court shall not confirm the sale for
| which deposit has been made, such
deposit shall be returned to the bid
der.
The purchase of the property shall
not be construed MS an election to &C.
ceps any contract, agreement or term