North Carolina Newspapers

THURSDAY, JUNE IS, 1333 THE FRANKLIN PRESS and THE HIGHLANDS EIACONIAN 2 i3 r ? . t .? n v. hi. I, i, !-., li LEQAL AODVES TlSlNG pd;p& Of Elect ion NTth Car&liaa, TOWN OF FRANKLIN. JT-Vft: Ik : i b v i n that an gird u i- lu rvln' i ;i!lcd and ill. l)c In' K.1 at the c. 'Ui't Iioum- in tin Town l;s .mUli:.. M :i'c u Couniy, North l.';ii'"!ip.;i, 'on 1 iHl.ty. the lltli d;v v," juh . . 133. at which flt'i.' 1 1. .ii jhc . qtK S'tk'K ul the .ap proval oi Lie sale ot 'the .Town lit 'ranklm' In il: I'-i kctric plant to the N.uiuhala Power - Light, t 'oin p;:n.y vvil1. be. Hibi.iiiiicd In the qvnil itiwJ voters "i tilt: I'iiwm Hi' Frank lin. u r'cij'iin'il bv -.Sec lioii 323 of I he (.iisi li.l.Uei! Statute of North C-arehim; ihai. tlic oillovving is a copy in' thi proposal to. buy said plant made by the Nantahala Pow er X I .i'- at Company anil a copy of ihe M unites o the Town of Franklin .accepting saiil' proposal: PROPOSAL OF NANTAHALA POWER & LIGHT COMPANY TO PURCHASE THE MUNICIP AL ELECTRIC LIGHT AND POWER PLANT AND SYSTEM OF THE TOWN OF FRANKLIN, NORTH CAROLINA. To the Mayor and Board of Yliiennen of the ..' . ,, . Town o.f Franklin, North Carolina: The undersigned Nantahala Pow er & Light. Company, a' North Car olina corporation, hereby submits for your consideration and prompt acceptance the following proposal for the purchase of the' electric light and power system of the 'Town'or Franklin including dam, power house, all machinery how installed, real estate, water rights, fkiwage rights, "rights of way and easements, trarisaiissiou lines, ' (lis tribution systems, street lighting system, substations and transform er stations, including lands on which the same are located, meters, house tap services, and all ap purtenances and. equipment per taining to the municipal electric light and power system of said Town of Franklin; and including also all property flwage rights, rights of way and easements, togeth er with equipment situated thereon, or connected , therewith, or used in connection with and a part of the Franklin hydro-electric power and light system, title to which now vests in the Northwest Carolina Utilities Corporation and which has been acquired by said corporation since, or which was not included! in the original deed. from, the Town . of Franklin ;lo Ihe Jupollo , Public Service-Company under -deed plated October 1st, 1928, andrecoxdecLin BcV5kR-'4r.? Records oTMScon County, NTC Said property to be delivered free "and clear of all liens and in cumbrances; all fee lands to be con veyed by deed .of general war- ran ty and - all - rights - of- way- and casements- to-be-conveyed- by such instruments as will convey to the purchaser art unincumbered title thereto. . . - Nantahala Power and Light Com pany, its successors and assigns, will at all times maintain the hydro-electric plant and' appurte- ' nances, transmission lines and dis tribution systems in satisfactory operating condition, to enable it to render satisfactory sendee. In addition to said electric light and power system and appurtenanc es above set foTth, said town of Franklin to grant to Nantahala Pover..A.-Lifiht-JComi)any.r---it i-8uc; rr-eessofs and a-saifns, - an exclusive sixty f 60) year franchise, granting -the - right io -furnish, sell :tnddis tribute electric current, light, heat and power' within the corporate limits of the town of Franklin as now existing and as the same may be hereafter extended or modi fied; together with all necessary and practicable rights of way and easements over the, streets, alleys and other public ways and places in said town and over and upon any lands owned or leased by the municipality for the erection, main tenance and operation of poles, transmission lines, and other struc tures used for or in connection with the transmission and distribu tion of electric energy from said hydro-electric plant on the Little Tennessee River, or connected plants. The rates to be charged and collected for light, heat and power to all domestic and com mercial users, including municipal buildings, to be in accordance with the rates, which may from time to time be prescribed and approved by the North Carolina Corporation Commission or other rate making body of the State. A copy of said franchise is herto attached and des ignated as "Exhibit A," and made a part of this proposal. The town of Franklin shall also enter into a contract with the un dersigned for a period of thirty (30) years for lighting the. streets, alleys, and other public places in said town. The terms and rates being fully set forth in. the con tract to be executed by said town of Franklin, a copy, of which is hereto attached and designated as "Exhibit B,"and made a part of this proposal. The price and terms of payment Mr laid munloipal plant, right I, LL GAL ADVERTISING casements and riiuipiik'lM herein la tore- Si t toriii ami !uil described in this proposal, to be as bjlows : The Naniahala Power & .Light Company u.. as.Minu- payment- of the principal oi the outstanding boinl. issued in c miiivlion with the buil. iug . oi sa'd hydro-electric '. project and its appurtcnanci s amounting to, as o,' October 1. U'J3, TWO ULiN !:F.I) -SEVENTY . THOUSAND Cf27(!,0()0) IHMJ.AKS.' ev idenced by six pei cell; Serial ISuinls of said Town, 'dated October 1, 1024, to gether with interest, thereon, and also to assume . payment of addi tional issue of bonds, issued in con nection with the construction of the hydro-electric project. . amount ing, as of Imic I. RU to . SKV-EN-T E F.N Tli( )l'S.N I ) F ! YE 1 1 UN DKF'.J) ($17,50(1) DOLLARS, evi denced by six per dent Serial Bonds, (ialed June 1, 1926, together wit n ail interest thereon accruing subsequent -to.'.' June 1, In the event the Town of . Franklin shall,, after due 'diligence, be un able to' acquire clear title to .prop erty . above described and lender to' the '.Nantahala Power and Light loinpany clear ot cncrmilinmces. j all rights-of-way and easements by such instruments as will convey 1" the purchaser an 'unencumbered title by. September 30, 1933. the Town of F'ranklitp will, in thai event pay all bond interest anil principal up on the two above issues of bonds falling due before the delivery of said title. .And the Nantahala Power & Light Company will, up on receipt of such warranty deed, easements, rights-of-way, etc., as above described, refund to the Town of Franklin the total amount paid for above said bond interest of-Dttch aboved escribcd"iwtrr ranty deed, easements and rights of-way, and in addition the Nanta hala Power & Light Company will continue the management and op eration of the hydro-electric sys tem -for and on behalf of the Town of -Franklin' after September 30, 1033, in accordance with the terms of the contract dated May 24, "1933, until such time as the Town of Franklin finds that it can or can not deliver a good title to the above described property., The Nantahala Power & Light Company shall execute to the town of Franklin a deed of trust upon the above described property in order to secure to the town of Franklin the payment of the pur chase price above mentioned. The title to all properties and equiptyient to be conveyed " under this proposal shair be subject to the approval of the attorney for the undersigned. Thisprop6sa1 "1subjectTcJs"uch approval -and- ratification by - -the quaTifie(Tvoters of the town of Franklin as may be required by law. ' The undersigned agrees to as sume : payment of jhf bonds. and in terest as herein provided, im- m'ediatelyu'p6n'd'eliv'efy''f'"f.i't'le to all of the property described, here in and satisfactory evidence that all '. legal requirements have been Complied' with by the Town of Franklin in order to convey the legal title thereto and such pay inents shall be made to the town of Franklin. The town of Frank lin shall use-such payments to re tire said bonds and to pay said in terest when fhey severally shall fall due. Nantahala Power & Light Company, will make payment to the Town of Franklin of each amount due at least five (5) days before the .due date, and the Town of Fr anklin-hlvsr-ircriTrCTint'TO received for the purposes intended herein ; and as ev ulence of ..its faithful performance the town of Franklin will submit for inspection pfrepresentative& i.if -Nantahala Power & Light Company, its suc cessors and assigns, all cancelled bonds and interest coupons of the above mentioned issue of its power and light bonds , when received bv it. The Nantahala Power & Light Company will obtain from the Aluminum Company of America and deliver to the town of Frank lin, a guarantee of that Company, assuring the - faithful performance of -the obligations assumed by the Nantahala Power ,& Light Com pany under this contract. ' This proposal to be accepted and delivery of title completed in ' ac cordance with the provisions set forth on pages , 3 and 4 of this proposal where the assumption of the principal and interest of the bonds is treated, and the under signed under, such provisions grants to the' town of Franklin the time necessary for it to diligently pros ecute to a conclusion the necessary legal steps required to perfect title to The property to be deeded to the Nantahala Power & Light Com pany. 'Respectfully' submitted this 5th dav of. Tune, 1933. NANTAHALA POWER AND LIGHT COMPANY By J. E. S. THORPE,' President. EXHIBIT 'A" FRANCHISE Granted by the Town of Franklin to Nantahala Power and Llgdit Com-pany LEGAL ADVERTISING (iranling authority ' to said com pany to use the streets and other public places in the town of. Frank lin for constructing, .maintaining, and using )oleflinesi and other ap pliances' T if transmitting and dis tributing electric energy and for other purposes. , SF.CTION ONE; lie it resolved bv the Hoard of Aldermen of the Town of Franklin that exclusive permission and consent, is. hereby' granted the Nantahala. Power and Light Company, its successors and assigns, to occupy and use the streets, alleys, and other public places of the Town ,of Franklin, North -Carolina, 'within the present and future corporate limits of said town as from time lo time the said yompuny, its successors,' less ees, and assigns, may deem proper or necessary for the erection and maintenance of poles, towers, lines, wires, cables, conduits, insulators, transformers and all other applianc es or connections necessary or con venient for the business and pur poses of transmitting, . conveying, conducting,,- using, supplying and distributing electric current of en ergy lor light neat, power, and other purposes for which electric current may be ' useful or prac ticable for public or private use, and to enter upon such streets, al leys, and public places as from time to time may be necessary for the extension, operation, repair,- and renewal of the same or any por tion' thereof and to do all lawful acts necessary to insure safe and efficient public service. '. SECTION TWO: Be it further resolved that the permission and consent herein contained are grant ed only upon the following con ditions Zr r; fa) Thairhe'TvorkfrettiTnj the poles anil all other work in public places of said town of Franklin shall- be done under the supervision of the Mayor and Board of Aldermen of said town, and in accordance to such reasonable rules and regulations as they shall from time to time prescribe ; and that the sidewalks, street pavements or street surfaces which may be dis placed by reason of such woTk shall be properly replaced and re- laid bv the said . Nantahala Power and Light Company, its successors, lessees, and assigns, to the satis faction of the governing board of said town. (b). That the said Nantahala Power and Light Company its suc cessors, lessees, and assigns, shall fully, protect and indemnify' the town of Franklin from all damage to persons or property, caused by the erection and maintenance of poles, wires," cables, conduits or other works or equipment owned Or maintained by it or them, or the nfiMt ree t -aIIey 9;orothi er -public f laces, resulting there from, or on account xi the trans mission -or-distribution of electric energy .within the town of Frank- lin...onaccount of which . judgment might be rendered against said tq.w;n, . .. (c). That said Nantahala Power and Light Company, its successors, lessees, and assigns, shall in con ducting and maintaining the sys tem of electric lines poles, wires, and other structures pertaning to its distribution system in said town submit and be subject to alPrcas- onable laws, rules and regulations of said town of Franklin enacted for the regulation or control of the same. SECTION THREE: Be it further resolved that the rights and -priv ilegts herein granted shall be limit ed to a period of sixty (60) calen- dar:-TrnTSfroin'aiidaftrrfwidve d2) o'clock m.;::. A. .n.... .19 , SECTION FOUR: Be it .' fur ther resolved that all ordinances in - conflict - herewith,--be,- anl : the same are hereby repealed. Adopted and passed first reading by the Board of Aldermen of the town of Franklin at a regular meet ing held on the day, of 1933, anil continued for sec ond and final reading to the next regular meeting of said Board. Passed second reading and unani mously adopted and ratified by the Board of Aldermen of the town of Franklin at 'a regular meeting lreld on -the. . ; . ...day of .rrrrrrrr. ., 1933. Mayor. Attest : ; Town" Clerk "" The foregoing franchise is here by accepted and all of its terms and conditions agreed to, this dav of... 1933. NANTAHALA ' POWrER AND ' LIGHT COMPANY By President. Attest: Secretary. EXHIBIT "B" MUNICIPAL LIGHTING TRACT CON- North Carolina, Macon County. ' THIS AGREEMENT, made and entered into on this ,..dav of , A. D.. 1933, by and between the TOWN OF J- KAN KLIN, North Carolina, a municipal corporation hereinafter be hereunto affixed; and the Nan called the town, and NANTjAHALA tahala Power and Light Company POWER ANOLlQHt COMPANY, hn caused the iam to hi glg-ntd LEGAL ADVERTISING j a corporation duly organized and existing under and by virtue of the laws of the State of North Caro lina, hereinafter called the com pany. W 1 T N F, S S E T.I I : THAT WHEREAS the town has granted a franchise of even (late herewith to the company for the purpose of maintaining and operat ing an electric distribution system, in, along, and over the streeets, al leys and public places, of the said town, . over which distribution sys tem electric energy is to be dis tributed ; and . WHEREAS the said town de sires , the company, . its successors and assigns, to furnish electric energy for use in lighting its streets,, for pumping water, and fori other municipal purposes, except for resale, during a period of thirty (30) years; and. the company de sires to furnish said electric ener gy during said period. NOW THEREFORE, the parties hereto agree as follows: (1). The 'company agrees to fur nish, erect and maintain at its own expense all poles, towers, wires, .cables,', conduits, insulators, trans formers meters and other inciden tal appliances necessary for the proper furnishing and distribution of electric energy during the term of this agreement, in order to ef ficiently light the streets, alleys, mu nicipal buildings and other public places hi said town, and to furnish electric energy to operate the pumps supplying water to the mu nicipality; and to extend said dis tribution system from time to time as the needs of the ,town may re-' quire. (2.) The Town of Franklin is fToT urnish' at Its expense the" brack ets and shades and electric lamps used for street lighting, and the company is to erect these at com pany expense at the location or locations designated by the govern ing board of said town or by such person duly authorized by it. (3). The company agrees to keep all lamps in the street lighting sys tem lighted every night from dusk to . dawn during the term " of this contract unless prevented by storms or other providential causes for which the company is not respon sible. (4). The company agrees to fur nish said town all such electric energy as may be required for street lighting and other municipal purposes during the period cover ed by this contract at the following rates : Three (3) cents .per K W H or such rate or rates as may be from time to time approved by the -Corporation Commission-er -its-sue cessor in authority forall Current. W-enefgyeqTitrd'y"-"-said:'tovri" for iigh"tingstreets7a1ley s and'pul) lie places and other "" municipal purposes' exclusive of "municipal buildings. -..-.ir.or lighting municipal - buildings, the same rate charged by the conr paiiy - for - lighting - business-houses situated within said town. For operation of the pumps sup plying water or other motive power at standard rates for such service as published by the company and approved by the Corporation Com mission of North Carolina. (5). The town agrees to furnish all lamps necessary for lighting its streets, alleys, and other public places, and to promptly deliver to the Company lamps to replace brok en lamps so that the service may be uninterrupted ; ; the Company, however, to make all lamp roncw- als. necessary, if -requested by--the town, at .the nutial -standard price at date of renewals. (6) . The Town agrees to pay the Company for all electric ener gy furnished under this contract in monthly installments on' or before the tenth ;10th) day of each month, upon the' statements ' rendered by the Company for all energy, lamp renewals and other material fur nished during the preceding month at the rates for electric energy above, set forth and or attached hereto; and at current prices for lamps and materials. (7) . The company further agrees to turn on and -extinguish the street lighting system arid to com ply with all reasonable rules and regulations that may from time to time be enacted by the governing board of said Town. , i . (8) It is further agreed that the amount of energy furnished and used under the terms of this agree ment shall be determined by stand ard meters properly installed, main tained, and inspected by the Com pany, said- meters to be subject to inspection, and the readings veri fied bv the governing board of said -Town or- their duly- appoint ed representatives. This agreement shall remain in full force and effect for a period of Thirty (30) calendar years from and after twelve (12) o'clock noon of the dav and vear first above written. IN TESTIMONY WHEREOF, the said Town of Franklin has caused- this contract to he signed in its corporate name bv its and attested bv its town clerk and secretary, and its corporate seal to LEGAL ADVERTISING by its president, attested by its secretary, and its corporate seal to be hereunto affixed. TOWN OF FRANKLIN Hy Mayor. Attest: Town Clerk & Secretary. NANTAHALA POWER & LIGHT COMPANY By President. Attest: Secretary. , The foregoing contract for .the furnishing of- electric energy for the purposes of lighting streets and other municipal property, and for the furnishing of energy for pump ing of water for the water supply of the Town of Franklin by Nan tahala Power and Light Company was duly considered, discussed, ap proved and ratified at a regular meeting of the Board of Aldermen of the Town of Franklin, held on the . . . , . .day of ., 1933, at which meeetyig there were present the following members of said Board : '. - - and said contract was ordered to be spread upon the Minutes of said Board of Aldermen as a part of its permanent record. Mayor. Attest: Town Clerk. SCHEDULE "D" For Power and Usert of Large Quantities of Electric Energy This- schedule - is applicable to consumers7ising'i''electricservrce for motors and large energy con suming apparatus, other than for lighting of a combined capacity of 1(H) KW or greater. Service will be supplied hereun der in accordance with the Rules and Regulations for power service, ... Rate . . Demand Charge: $1.35 per KW of demand. Energy Charge: ' 1.5c net per KW ,H for first 10,000 KW H used per month. 1.25c net per KW H for next 20,000 KW H used per month. 1.0c net per KW H for next 60,000 KW H used per month. 0.9c net per KW H for next 100,000 KW H used per month. 0.85c net per KW. H for the excess.. . Contract Demand: The contract demand under this schedule shall be the .demand las determined under . provisions of Rule 4 -of -4he-R:ules-aft&-Rgtt4atiens"-fr power service. : ' Thischedu1epp for a period of not less than five years, provided that, in the opinion of the Company, contracts of short er duration - are - justified -.-by par ticular circumstances , . SCHEDULE "H" " For Power and Other Use of Elec trical Energy with a Connected Load - of More Than 21 KW and Le Than 100 KW This schedule is applicable to consumers . using electrical service for motors, and other electrical consuming devices with a connect ed capacity of not less than 21 KW or more than UK) KW. , Service hereunder will be sup plied in accordance with the Rules and Regulations. Rate - -Demand -Charge; .; - $1.35 per KW per month. 1 Energy -Charge: 2c net per KW H for first 2,000 KW II per month. 1.25c net per KW II "" for " the net 10,000 KV II per month. lc net per KW H for the excess. Contract Demand: The contract demand under this schedule shall be the contract de - mand as determined under Rule 4, of the Rules-and Regulations for power service. Contract Service: This schedule applies to service for a period of not less than one year, provided that,, in:. the opinion of the company, contracts of short er duration are justified by partic ular circumstances. The " regular meeting ' of the Board of Aldermen of the Town of Franklin was held at 8:30 o'clock p. m., June 5, 1933. The meeting was called to order by the iMayor. The following members wcrv pres ent: Mayor J. Frank Ray; Alder men R. D. Sisk, J. H. FouUs and J. B. Pendergrass. Upon motion of REL.Sisk,ser onded by J. B. Pendergrass, the proposal of the Nantahala Power1 & Light Company to purchase the municipal electric light and .power plant and system of the Toivrh of Franklin, North Carolina, a copy of which is hereto attached, was unanimously accepted, subject to the approval of the qualified vot ers of the Town of Franklin. - TOWN OF FRiANKLIN ' By J. FRANK RAY Mayor. Attest: Geo. Dean, Clerk. That an entirely, new registration has been called,, and that it will be necessary for all persons entitled u recUtcr to rt.iiitkr for thli LEGAL ADVERTISING election, so that a complete and accurate list of the qualified vot ers of said Town can be made and ascertained. That John W. Edwards has been appointed registrar, .and A. L Leach and George A. Mashburn,. judges of said election; that the registration books will be vpen on Saturday, June 10, 1933, and re main open until Saturday night, July 1, 1933, both included, Sunday excepted, for the registration of flint ttin ii h t ti t ntn".n tt 111 LSXs Ik L lll. 4. , VilVV IH HIV. Bank of Franklin building, on each Saturday, and shall be open from 9 o'clock a. m. until 5 o'clock p. m. on each day, Sunday excepted, for seven days preceding July 1st; that Saturday, July 1st, shall be challenge day ; that the . polls will be open on the day of the election from . 8 a. m. to sunset, and no longer, and that each and every qualified voter whose names ap pears on the registration books will be entitled to vote; that a ballot will be. furnished to each qualified elector at said election, which bal lot will contain substantially the following words: "For sale of hydro-electric plant," and "Against sale of hydro-electric plant." One ballot will contain the two alter natives and will contain squares, dn one of which the voter Will mark an (X) in front of the alternative for which he or she desires to vote. v This 6th day of June, 1933. J. FRANK RAY, Mayor Town of Franklin. GEO. DEAN, Clerk Board of Aldermen Town of Franklin. J8 5tc Jly6 NOTICEQFPUBLICATION-F SUMMONS Stale of North Carolina, County of Macon. In Superior Court. The Town of Franklin, by Mayor, J. Frank Ray. and its its Board of Aldermen, consisting of J. H. touts, R. D. Sisk, and J. B. renuergrass 1 vs. Jupollo Public - Service Company, Blowing Rock Light & Power Company, Northwest' Carolina Util ities, Inc., Central Republic Trust Company and Arthur T. Leonard, successor Trustees, and all other parties having or claiming any in terest in the subject matter .of this action. . The defendants, Jupollo Public Service Company,. Blowing ..Rock Light & Power Company, Central Republic Trust Company, and Ar thur T. Leonard, successor trustees, and all other parties having or claiming .any interest in the -subject matter of the above entitled ac tion, -will take notice - that " ah ac- teen' commenced in 'trie Superior Court of - Macon- County North- Carolina, for the purpose of declaring the plaintifCthe ,Town-of-Franklin-to be the owner ia..fee simple. .oLxer.r tain.landslprpper.ty.Jmprovements, and additions thereto, as described in "Exhibits A and B" attached to plaintiff's complaint, said Exhibits being made a part and parcel of this notice, and also for the pur pose of excluding the defendants and each of them, and all other parties having, or claiming to have any interest in the subject matter of the above entitled action from any actual or contingent lien or interest in the property described in "Exhibits A and B" attached, to plaintiff's complaint, and that any conveyances made by the North west Carolina Utilities, Inc., orany of ""the othe rIe f end aiit s. or aw other parties claiming any interest in . the -subject matter of the. above entitled action, subsequent to the conveyance of said "property by the plaintiff, the Town , of J jank lin, and purporting to affect the title of the Town of Franklin, . be declared to be a cloud upon the title of the plaintiff and be re mov,ed; tiat t,ie lrPcrty' .whicn is the subject matter of said ac tion, consists of a dam and power plant, located at Leopard's Bend, on the Little Tennessee River in Ma con County, North Carolina, to gether with certain lands, case rn e n t s r i gh t s -o f - way ," t ogc t h e r wit 1 1 othcrTreallind "personal property located in Macon County, North Carolina, and which is set out in detail in the contract and deed at tached to plaintiff's complaint and made a part and parcel of same, to which Exhibits reference is here by made for a more complete and detail description of said property, and the said defendants, Jupollo Public Service Company, Blowing Rock Light & Power Company, Central - Republic , Trust Company andArthur T. Leonard,, successor Trustees, and all other parties hav ing or claiming any interest in the subject matter of this action, will further take notice that they are required to appear at the office of the Clerk Superior Court of Ma con County, in the Courthouse in the Town of Franklin,' Macon Coun ty, North - Carolina, on the 30th day of June, 1933, and answer or demur "to the complaint in said ac tion, or the plaintiff will apply to the Court for the relief demanded ii in said complaint. - '! This 30th dav of May, 1933. FRANK I. MURRAY, j Clerk Superior Court, ji-5tc-T.cfF-J29 LEGAL ADVERTISING NOTICE OF RESALE North Carolina, Macon County. Bv authority of' the power of sale vested in the undersigned trustee by a certain deed of trust executed by Frawiklin Company to G. A. Jones, trustee, on the 28th day of July, 1931, said deed of trust being registered in the office of the Register of Deeds for Ma con -County in Book of Mortgages and deeds of Trust in Book No. 32. page 269, to secure the . pay ment ot a certain indebtedness in . . said deed of trust set forth, and default having been made in ,the payment of. said .indebtedness; and said property hereinafter described having been heretofore advertised and sold at public auction on the 20th day of March, 1933, at which time George B. Patton became the last and highest bidder for : said property at the price of $160.00; and said bid having been raised by O. C. Bryant, and the Clerk of the Superior Court of Macon County, North Carolina, having ordered a re-sale of said property ; i will, therefore, sell at the Court House door in Franklin; Macon ( County, North Carolina, on Mon day the 19th day of June, 1933, at 12 o'clock noon, to ihe highest bidder for cash, the following de scribed real estate : Lots Nos. 4, 6, 7, 8, 17, 18, 19, 20 in a tract of land known as Fair Ground park in the town of Franklin, as surveyed by W. N.-.' Sloan, March 1926. " This land will be sold in sep arate parcels or by the entire tract at''.'th'cpt.ion:.i)f.4-he-trustee-Tertns--- of sale will be all cash at time of sale. Upon the failure of any bid der to pay cash for any part of said land at time of sale, sale of that part will be continued and re sold at 2 P. M. of the same day. G. A. JONES, Trustee. M25-4tcBofF J15 NOTICE OF SALE North Carolina, Macon County. In the Superior Court. S. L. Franks, II. W. Cabe and W. C. Cunningham vs. W. L. McCoy, Ada Crawford Mc Coy, Ada Crawford McCoy, Admin istratrix of the Estate of Mrs. Flo ra Crawford and Henry G. Robert son, Trustee. " Under and by virtue of a con sent judgment made and entered at .. the .April Term,.: 1932, of Macon Superior Court, appointing-the nn- dersigned a commissioner -the Court ""'to'sel P the "Tandsd e scribe cr irT" The coinplainT-in thiF action when requested so to do by the defendant," Ada M cCoy at ""any time after 60 days from the rising of - the court ; and, the said " Ada McCoy,- having - requested ... the- un-.-dersigned -commissioner to now make such sale, I, J. Frank Ray, the said commissioner, on the 19th day of June, 1933, at the South Courthouse door in the Town of Franklin, Macon County, North Carolina, at 12 o'clock noon, will sell to the highest and best bidder for . cash the following described real estate,' to'-wit : Situated lying and being on the North side of Main Street in the Town of Franklin, Macon County, North Carolina, beginning at a stake, at the soutbwest corner of the Bank of Franklin lot and runs Ny.Lhward ill Bank . nf 'FrankthiTriut to - the Las-:, sic KclJy lot ; thence Westward with 1 h e 1 i ne of-1 h c Lassie' Kelly" lot to the line of the II. G. Trot ter (now Asheai-) "lot ; 'thence ' southward witlrthcrlincs of the H. G. Trotter (now Ashear lot) to Main Street; thence Eastward with Main Street to the beginning corn er including the new hotel Scott Griffin building. This the 17th day. of May, 1933. J. FRANK RAY, Commissioner. M25-4t-lpd J15 ADMINISTRATOR'S NOTICE J laving, qualified -as -administrator of W. R. Morgan, deceased, ' late of Macon County, N. C, this is to notify all persons having claims against . the f state of said deceased to exhibit thenn to - the undersigned on or before the 9th day of May, ' 1934, or this notice will be plead in bar of their re covery. All persons indebted to said' estate will please make im mediate settlement. This 9th day of Mav, 1933. C. L. GARNER, Administrator. Mil 6tp J15 ADMINISTRATOR'S NOTICE Having qualified as administrator of E. P. Norton, deceased, late of Macon County, N. C, this is to notify all persons having claims against the estate of said deceased to exhibit them to the. undersigned on or before the 8th day of May, 1934, or this notice will be plead in bar of their recovery. AH per sons .indebted to said estate will please make immediate settlement. This 8th day of May, 1933, FRANK B. COOK, Administrator.