140
LAWS OF MARYLAND.
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in pursuance of which the said trustees did sell
said portion of said rail road, and the corporate franchises
thereto appertaining for the sum of seventeen thousand
dollars which sale was duly confirmed agreeably
to the provisions of the said act, and said money is in a
course of distribution among the creditors of said company,
but is insufficient to satisfy their claims; and
whereas, the purchaser of the said road is willing to buy
also that portion of said road leading from the said
point on the State line aforesaid, to the town of
Hagerstown in Washington county, in this State, for
the purpose of relaying the same without delay, in conjunction
with that portion lying in Pennsylvania, and
heretofore purchased by him, which object is greatly
desired both by the creditors who have no effectual
remedy against the company for the payment of their
debts, and by the community who are interested in
having said road renewed for the convenience of trade
and travel; Therefore,
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Trustees
appointed
to sell.
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SECTION 1. Be
it enacted by the General Assembly
of Maryland, That Robert Fowler, William F. Brannan
and John Wolf, of Washington county, in the
State of Maryland, be and they are hereby appointed
and constituted trustees, to sell and dispose of that portion
of the Franklin rail road, which lies in Washington
county, in this State, together with its appurtenances
and all the corporate rights, privileges, powers
and franchises belonging to the said company, either at
private sale for such sum as said commissioners may
agree upon and determine, or at public sale to the highest
bidder in the town of Hagerstown at such time and
place as the said trustees may deem proper after giving
at least thirty days notice thereof by advertisements to
be inserted once a week for four successive weeks in
one of the newspapers published in the town of Hagerstown,
and in of the newspapers published in
town of Chambersburg, Pennsylvania, and to be inserted
twice a week for four successive weeks in a daily
newspaper published in the city of Baltimore, and in a
daily newspaper published in Philadelphia, the sale to
be made upon such terms as may be prescribed by the
trustees, which terms shall provide for the payment of
not less than one-third of the purchase money in cash,
on the day of sale, and of the residue in not more than
two equal annual instalments, bearing interest, and to
be secured by notes or bonds executed to the trustees,
with security to be approved by them which notes or
bonds are also to be and remain a lien on said road and
its appurtenances until fully paid, the sale thereof to be
reported by them to the circuit court for Washington
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