Daily press. [volume] (Newport News, Va.) 1896-current, 1905-08-29

III INC circuit Court OF the United
States for the Eastern District OF Vir-
sinia, OH the 2Ith 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 Provldent 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
ST61 .96250, with interest thereon as
| required by said decree, VIC, the uIl-
dcrsigncd commissioners, will, in from:
of the Court House of the County of
Elizabeth City, in tho Town OF lamp
| ton in the State of Virginia, OH the
9TH day of October, 1905, ut IL O'Clock
Nj. OF thut 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 sny,
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 Il certain mort
gage or deed OF trust dated February
LIST, 1901, and now In the possession
and control OF the receivers in thu
said consolidated causes, together
with all the rights. franchises. proper
ty and assets pertaining To said com
pany which may have been acquired
Ivy the snid receivers, or either OF
them. Included IN said rights, fran
chiscs, peanuts. 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 Old
Point Comfort, and between Hampton
and Buckroc Beach and between La
Sale avenue and the power house on
licrGcrt's creek, together with all side
tracks, turnouts, switches, water
thinks, 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 10 the above property all
and singular the property Of the
Hampton ROnds Railway md Electric
Company now i'll the possession oi the
said receivers or to the possession IF
which they may be entitled. Of every
kind and description whatsoever,
whether such property shall fall within
the classification and description
above given or not. For Il moro de-
tailed description Of said property ref.
crcncc is made to the Inventory of the
rcccivcrship heretofore fled in this
cause. with such lamentations thereto
us have been made from time to time
as we'll as To he rcp0r of the said re-
ceivcrs from time to time made to the
court: the inventory and reports are
on file in the clerks Office of the Cir
cuit Court of the United States, at
Norfolk, Virginia, and may he there
examined
TERMS OF SALE:
On the acceptance of any bid. the
purchaser shall forthwith deposit With
the commissioners. the sum of
S20,000.00 in none. or certified
check or checks on aiy National Bank
Or Trust Company in the city Of Ihila.
dclphia. PENNSYLVANIA, and no BIZ
shall tc received or accepted without
I the said deposit being madc-thc said
deposit shall be received as part pay
mcnt for the property purchased
Upon the confirmation by the court
OF the sale, the balance of the pur.
chase price shall be paid by the sue.
ccssful bidder, either entirely i'll cash
or partly In cash and partly by receipt
Ing to the commissioners for the divi-
dcnds, payable to such purchaser on
OF tho net proceeds Of such sale upon
any of the bonds or coupons held by
the purchaser. PROVIDED, that not
less than 5000, 900 in addition to the
said $4,000 shall DC paid in cash nr
Receivers certificates, ut 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 t.
receipt for dividends upon bonds or
coupons held by him. If the purchaser
, shall fail to make payment Of the bal
ancc of the purchase price upon con
flrmation of the sale or to comply with
any order Of the court III respect there.
to. then the sum deposited by such
purchaser shall be forfeited as 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 he construed as an election to ac
ccpt 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 tho
, balance Of the purchase price and up
on order of the court directing the
same, the commissioners will execute
Il good and sufficient decd for the
. premises SO sold and purchased. Tho
! purchaser or his assigns shall. as n
part consideration and in addition to