The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-11-06
LEGAL NOTICES.


ment thereof, will receive conveyance of
and be let into possession of the premises
conveyed, including all net income and
other property received by the Receivers
of said Roanoke and Southern Rail-
way Company in the management or
operation of the m0rtgaged premises en-
braced in the conveyance to such pur-
chaser, or pertaining thcreto aud the
purchaser of said railroad, property and
franchises, his successors or assigns, shall
also receive conveyance of any and all
property of the said Roanoke and South
ern Railway Company appurtenant to
said premises or acquired for use in con-
nection with or for the purposes of said
railroad and property.
The said sale will be made subject, and
reference is hereby made, to the terms,
conditions, reservations and obligations
in said DEGREES respectively contained. in
Guiding those i'll respect of (a) the said
Receivers. (b) claims against the said Re-
ceivers, 'c) claims against the Roanoke
anu Southern Hallway Company or the
Norfolk and Western Railroad Company
for unpaid Indebtedness or liability con-
tracted or incurred by said Railroad Com
panies or either of them in the operation
of the railroad and property sold, which
may be adjudged prior in lien or superior
in equity to the mortgage of the said
Roanoke and Southern Railway Company
dated March 10th, 1892, for the foreclo-
sure of which said DEGREES were entered.
The Special Masters, as directed by the
DEGREES, will receive no bid from any one
Offering to bid for the railroad, property
and franchises above described who shall
not, as Il pledge that he will make good
his bid, in case of its acceptance, first
have deposited with The Special Masters
the sum of S25 900 III money, or by certi-
fled check upon any National Bank or
Trust Company i'll the City OF New York,
or Sl0O0 par value of the bonds secured
by said mortgage dated March 10th 1892
Upon acceptance of any bid the pur-
chaser shall forthwith deposit with said
Special Masters the sum of 800 900 in
cash. or by certified check upon any Ma.
tional Bank or Trust Company in the
City of New York, or 5000, 900 par value
of the bonds secured 10y said mortgage;
but any cash or bonds which may have
been previously deposited by the success
full bidder as Il pledge that he would
make good his bid, will be received on
account of the amount so required on the
acceptance of his bid.
The Special Masters will receive a
certificate of The Mercantile Trust Com.
pany, in the City of New York, that it
holds bonds issued under said mortgage
dated March 10Th, 1892, to an amount
therein specified, subject to the order of
the party therein named. and transferred
by such party to the order of said Special
Masters in lieu of such bonds with like
force and effect rs though the bonds there
| in named had been believed to such Spec-
| ial Masters
! In case any bidder shall fail to make
| the deposit by said DEGREES required upon
acceptance of his bid, the Special Mas
tiers will forthwith again offer the prop
| la wi
| advertisement.
In case any bidder or purchaser shall
fail to make good his bid upon its accep-
tancc by the Special Masters, or after
| such acceptance shall fail to comply with
| any order of the Court relating to the
! payment thereof or the contamination of
| the purchase, then the sums and cash or
bonds deposited by such purchaser will
be forfeited rs penalty for such failure,
and will be applied toward the expenses
of II resale and towards making good any
deficiency or loss in case the property
shall he sold ut n price less than that bid
| ut the prior sale. If the Court shall not
| confirm the sale the deposit will be re-
turned to the bidder The deposit rcceiv-
ed from any unsuccessful bidder will be
returned to him when the property shall
| be struck down.
Upon confirmation of the sale by the
ther payment or payments in cash on ac-
count of.his bid as the Court from time
to time may direct. The purchaser may
satisfy and make good any part of his
bid not required to be paid in cash by
turning in to he cancelled or credited rs
III said DEGREES provided, any of said bonds
ISSUED under said mortgage dated March
10Th, lS!I2, or coupons: and such pur~
| chaser shall be credited therefor on ac-
count of his bid with such sums as would
he payable on such bonds and coupons
out of the purchase price, il the whole
amount thereof had been paid in cash.
The Court reserves the right to resell said
railroad, property and franchises upon
such notice rs the Court shall direct i'm
case the purchaser thereof shall fail or
omit to make any payment on account
of any unpaid balance of the purchase
price within thirty days after the entry
of an order requiring such payment.
FOR the purpose OF enforcing the pro-
visions of the decree, jurisdiction OF the
cause is retained blythe Court. which re-
tains the right To letake and resell said
property in ca.e such purchaser, or his
successors or assigns shall fail to COM.
ply with any order of the Court in re-
| spect To the payment of ANY such prior
indebtedness or liabilities within thirty
days after service of II copy of such order.
The Special Masters will accept no bid
OF less than the sum of five hundred
thousand dollars. For further partcu
lars reference is made to the above men
toned DEGREES of said Courts.
Dated October 10Th, 1896.
G. T.. BOWDEN.
CHARLES SHARP,
Special Masters
COWEN, CROSS & BOND,
solicitors for Complainant Mercantile