Daily press. [volume] (Newport News, Va.) 1896-current, 1905-09-06

III tne circuit Court OF the United
States for the Eastern District of Vir-
ginia. on the oath day of July, 1905, in
the consolidated causes in equity
styled John &. Powell and Edward
Powell against the Hampton Roads
Railway und Electric Company and
the Provident Life and Trust Com
pany of Philadelphia, Pa, against the
Hampton Roads Railway and Electric
Company, default having been nude
by the Hampton Roads Railway aud
Electric Company in the payment OF
$7Gi,9G2.50, With interest thereon as
required by said decree, we. the I'M
dcrsiSncd commissioners, will, in front
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
M. OF that day. expose to sale at pub
lie auction, To the highest and best
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 n certain mort
gage or deed of trust dated February
LIST. 1901, and now III the possession
and control OF the receivers in tho
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, frau
chises. permits, property and assets
arc the lines of electric railway now
operated by the receivers. or said con-
sclidatcd causes. between Newport
News, Hampton, phocbus and Old
Point Comfort, and between Hampton
and BuckrUc Beach and between La
Sale avenue and the power house on
flcrbcrt's creek, together with all side
tracks, t,rnOuts, switches. water
tanks, wires. poles, power houses, dy.
nnmos, 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 HOW IN the possession Of the
said receivers or tn the possession Of
which they may he cntiilcd. Of every
kind and description whatsoever,
whether such property shall fall within
the classification and description
above given or not For n more dc.
tailed description of snid 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 az to the rcpOr''' of the said re-
ccivcrs from time to time made To thc
court; the inventory and reports arc
on file In the clerks Office Of the Cir
cult Court Of the United States. ut
Norfolk. Virginia. and may he there
examined.
TERMS OF SALE:
On the acceptance of any hid tho
purchaser shall forthwith deposit with
the commissioners. the sum OF
$20,000.00 in none. or certified
check or checks on any National Banl,
or Trust Company in the city of Philu
dclphia, PENNSYLVANIA, and no biz
shall be received IN accepted without
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 in cash
or partly In cash and partly by receipt
ing To tho commissioners for the tlivi
dends, payable to such purchaser on
of the net proceeds OF such sale upon
any OF the bonds or coupons held by
the purchaser, PROVIDED, that not
less than 100000 In addition to the
said $4,000 shall DC paid In cash 0r
Receivers certificates, at par. with
interest. And purchaser shall state
to the commissioners Mt the time of
the sale whether he proposes to pay
the entire balance of the bid in cash
or whether the purchaser desires to
receipt for dividends upon bonds or
coupons held by him. II the purchaser
shall fail to make payment of the bal
ance of the purchase price upon con-
flrmation Of tho sale or to comply with
any order Of the court In respect there.
to, then the sum deposited by such
purchaser shall be forfeited as penal
ty for such failure, and shall be up.
piled to the expense Of resale. If
the court shall not confirm the sale for
which n deposit hnB been made, such
deposit shall be returned to tho bid
der.
The purchase of the property shall
not be construed rs nh election to ac.
cap. 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 deed for the
premises SO sold and purchased The
purchaser or his assigns shall, as a
part consideration and in addition 10