Daily press. [volume] (Newport News, Va.) 1896-current, 1905-08-23
COMMISSIONERS SALE

= ~, y AOtlL VI Inc UIlIpt.
States for the Eastern District of Vir.
Sinia, OH the 9th day of July, 1905, in
the consolidated causes in coult,
styled John G. Powell and Edward
Powell against The Hampton Roads
hallway ana Electric Company anu
the i'rovidcnt Life and Trust Com
pany of Philadelphia, Pa, against tn,
Hampton Roals Railway and Electric
Company. default having been made
by the Hampton Roads Railway ann
Electric Company in the payment q!
Z Gl.9i2.50, with interest thereon rs
required by said decree, we. the un.
delsisncd commissioners. will, in from;
OF the Court House of the County oi
Elizabeth City. in the Town of lamp
ton. in the State Of Virginia. On the
9th day Ut October. 1905. at 10 o'clncl
NJ. OF that day, expose To sale al pub
lie auction, to the highest and hes
bidder or bidders, the franchises an.
property OF The said Hampton Road,
Railway and Electric Company; that i.
10 say,
All OF the rights, franchises, per
m1ts. property and asset of ever,
Kind conveyed by the Hampton Road,
Railway and Electric COMPANY TO tn.
nrovident Life and Trust Company
OF Philadelphia. Pa, by a certain NOR.
gage or decd of trust dated February
iSt, 1901. and now in the possession
and control of the receivers in III,
said consolidated causes. together
with MI h rights, franchises. propc,
ty and assets pertaining to said com
Iihiy Which, may have been acquire,
ny the said receivers. or riihcr oi
them. Included in said rights, fran
chlseS. permits, property and assets
arc the lines OF electric railway now
operated 10y he receivers, or said con
so'idatcd causes, between Newport
News. Hampton, Phocbus and OLD
Point Comfort, and between Hampton
and Bnchrnc Beach and between l.;
Sale avenue and the power house oi
llcrhrrts creek, together with all sill
tracks, %turnonts, switches, waite.
tanks, wires, poles, power houses. dy
namos, machinery of every kind. rol!
Ing stock, equipment OF every kind
pertaining 10 said electric lines. Ant
i'll addition In the above property a!
and singular the property Of III,
Hampton Roads Railway ami Elcctr;,
Company ~ in the possession of III,
sai! receivers or to the possession y
which they may be entitled. OF ever,
Kind ANA description Whatsoever
whether such property shall fall within
The classification and description
alspvc given or not. For n more d.,
tailed description uf said property ref
crchcc IS made to he inventory of tllr
rcccivcrs!iip heretofore filed in thi
cause, with such lamentations thereto
as have been made from time 10 time
rs well as Ia tho reports Of the snit! re
~cuivrrs from time To time made To III.
court: the inventory ana reports ar,
on file III the clerks Office of the Cir
emit Court of the United States. a
Norfolk, Virginia, ana may be Their.
examined.
TERMS OF SALE:
On the acceptance OF any bid. tho
purchaser shall forthwith deposit wit!
the commissioners, the sum OF
S2N.000.OO in money or Il ccrtilie,
check or checks on any National Ranl
nr Trust Company in the city Of Phiia
iiclphia, Pennsylvania. and no bis.
Shall he received or accepted withou
the said deposit hcing madc-thc sal,
deposit shall be received as part pay
mcnt for the property purchased.
uIGn the confirmation by the cour
of the sale. the balance of ihc pur
chase price shall he paid by the sue
~ccsstil bidder. either entirely in casl
or partly In cash AMI partly by receipt
Ing to the commissioners for the divi
dcndS. payable To such purchaser on
of the net proceeds of such sale upoI
any of the bonds or coupons held b.,
the purchaser, PROVIDED, that moi
less than 5000, 900 in addition to the
! said 100000 shall he paid in cash %;
Receivers certificates. at par, Will
interest. And purchaser shall STATE
to the commissioners at the time oi
the sale whether he proposes to pa,
The entire balance of the bid in casl
or whether the purchaser desires e.,
receipt for dividends upon bonds q,
coupons held by him. If tho purchaser
shall fail to make payment Of the bal
ancc of the purchase price upon con
frmatiOn of the sale or to comply with
any order Of the court in respect there.
to, then the SIM deposited by such
: purchaser shall be forfeited rs n pena,
- Tor such failure. ana shalt lc al
Piled to the expense of a resale. I
the court shall not confirm the sale 70
which a deposit has been made, sucl
deposit shall be returned to the bid
der.
Tho purchase of the property shall
not lie construed rs an election to ac
ccpt any contract. agreement or tern
sold with The property md franchise
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 tho
balance Of the purchase price and up
on order Of the court directing tht
same. the commissioners will execute
Il good and sufficient decd for the
premises so sold and purchased. The
purchaser or his assigns shall. as n
part consideration and in addition Il