Daily press. [volume] (Newport News, Va.) 1896-current, 1905-09-21

III tHc CHCulL court O1 the uniteG
States for the Eastern District of Vir
glnia, ON the oath day of July, 1905, in
the consolidated causes i'll cluit,
styled John G. Powell and Edward
POWELL against the Hampton Roads
italiwny and. Electric Company anG
the ProVidcnt Life and Trust Com
puny Of Philadelphia, Pa, against tn,
Hampton Roads Railway and Electric
Company, default having been made
by the Hampton Roads Railway and
Electric Company in the payment OF
S76i. 962.50, with interest thereon a.
required by said decree, we, the I'M
dersigncd commissioners. will, In from;
OF the Court House Of the County oil
Elizabeth City, in the Town of lamp.
ton, i'll the State Of Virginia, on the
9th day of October, 1905, ut IL O'Clock
Nj. of that day, expose to sale ut pub.
lie auction, to the highest and best
bidder or bidders, the franchises ami
property Of the said Hampton Roads
hallway 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 tn,
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 tn.
said consolidated causes, 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 in said rights, fran
chises, permits. property and assets
are the lines of electric railway now
operated by the receivers. or said con
solidatcd causes, between Newport
News, Hampton, Phocbus and OLE
Point Comfort. aud between Hampton
and i'uckroc Beach and between LIE
Sale avenue and the power house oi,
llcrbcrts creek. together With all side
| tracks, turnouts, switches, water
tanks, wires. poles, puwc: houses, dy
namos. machinery of every kind, roll
ing stock, equipment Of every kind
pertaining to said electric lines. AM
in addition to the above property al
and singular the property OF tn,
Hampton Roads Railway and Electric
Company now in the possession of the
said receivers or 10 the possession u
which they may be entitled. of ever,
kind and description whatsoever.
whether such property shall fall within
The classification and description
above given or not. For IL moro dc
| tailed description of said property ref.
crcncc is made to the Inventory Of The
| rcccivcrship heretofore filed in this
! cause, with such amcndrtiOns thereto
as have hccn made from time to time
| as wcll as To the rcpOr''' of the said re.
ceivcrs from time to time made 10 the
| court; the inventory AID reports arc
on file in the clerks office of the Cir
cult Court of the United States, al
Norfolk, Virginia, and may be there
examined.
TERMS OF SALE:
On the acceptance of any bid the
purchaser shall forthwith deposit Will
the commissioners, tho sum OF
$50, 100000 in monc.' or certified
check or checks on any National nanl
or Trust Company in the city of Phila
dclphia, Pennsylvania. and no biz
shall be received or accepted without
the said deposit being ma,le-the sait
deposit shall be received as part pay
| ment for the property purchased.
| Upon the confirmation ny the court
| of the sale. the balance of the pur
chase price shall he pail by the sue
cessful bidder. either entirely In casi
or partly in cash AMI partly by receipt
Ing to the commissioners for the divi
dends, payable to such purchaser out
of the net proceeds OF such sale upor
any Of the bonds or coupons held b,
the purchaser. PROVIDED, that no,
| less than 100000 i'm addition to tho
said 100000 shall be paid in cash oI
Receivers certificates, at par, with
interest And purchaser. shall state
to the commissioners at the time oil
the sale whether he proposes to pa.
the entire balance of the bid in casl
or whether the purchaser desires Il
receipt for dividends upon bonds OIL
coupons held by him. If the purchaser
shall fail to make payment of the bal
ancc of the purchase price upon con
| firmation of the sale or to comply with
any order of the court in respect there
to, then the sum deposited by sucl
purchaser shall he forfeited as a penal
ty for such failure, and shall he ap
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 as an election to &C.
c2D: any contract, agreement or term
sold with the property and franchises
which within four months after the
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 the
same. the commissioners will execute
good and sufficient deed for the
premises so sold and purchased The
purchaser or his assigns shall, as a
part consideration and in addition to