The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-02-01

SS3 1916 miles WeStWardly TO point on sad
railroad together with spurs Wyandotte
and at DETROIT and the terminal railroad
from the onion Depot, or eastern terminus
Of the Kansas Pacific Railway, called
Railway. a distance of 81 niles to the State
boundary line dividing the States Of Kansas
In accordance with the terms and provisions
the purchaser thereof viii take the same me- sub
Ject TO and saving the right OF the Govern
at all times in the use at fair and
reasonable rates of compensation. not to ex-
ceed the amounts paid by private parties for
the same kind of service of the said telegraph
dispatches over said telegraph line and the
transportation OF mails, troops, and munitions
railroad for the Government Whenever re-
lect to and saving the title of the American
Loan and Trust Company, Trustee, shown by
Pacific Railway Company to said American
Loan and Trust Company, dated October list.
denture affects the portion of the equipment
therein embraced in the said lien of the
United states, and to the extent Of the out
standing purchase money Indebtedness upon
to and saving the rights and lien Of the hold
ers Of the S2,240,Oo0 outstanding bonds secured
ist' 1s8. TO Henry II AIex9nder and 9ohn
Edgar Thomson, as trustees, and subject to
ers of the 81, O63, 600 outstanding bonds Sc
cured by the mortgage made by the said
Union Pacific Railway Company, East
Edgar Thomson and Adolphus Meier. as
trustees. saving right
Of possession and lien of the sad receivers
IN the suit brought in said court by Russell
trustees made nv tie Kansas Parific Ba{iI,vaty
Company. dated May list. 1879. to the extent
Of the right of possession of said receivers.
and their lien for the payment of any def
said IalToad If the same SHOULD ID after said
the Court upon the settlement of their ac-
As provided by said DEGREES:
said property covered by and embraced IN
an entirety and in one parcel.
The Special "a, Master 5 has the power and right
and may. without further notice, proceed with
may S have S been o ado9n t 10 "iiieh the SAFE
The Special Master viii receive no bid from
deposited with him at his office in Omaha.
pledge that he will make good his bid IN
case OF its acceptance the sum OF 100000
The Special Master will accept no bid for
than the sum of 50. 500 GOO in cash and un-
les such sum shall be bid the Special Master
for further instructions Upon the accept
ins the Same ei9 sha Por5RWfh depSat Win
tfhe. Special Master on account therte9f' a
amount which he or they have already de-
cent. $50 Of the accepted bid. In case any
bidder shall fail to make good his bid upon
Additional deposit with the Master or after
pay the balance due upon his said bid in
in cash SO deposited by such bidder or par-
chaser VIII be eff f9rfeited as penalty for such
Of the expenses Of resale and toward max
property shall: be sold at a less price upon
such resale. and to any other and further pur7
poses which the Court may direct. Any party
fysf 7' nIorteaae bonds NAV bid ana purcbaSe
at such sale. If any sale for which a deposit
has been made shall not be confirmed b;
bidder. and the deposit of any unsuccessful
pldder VIII pc retur 1n TO MN When a E pid
shall have been accepted by the Special Mas
Of the sum remaining due upon his said bid
after the application thereto of the amounts
so rernainine, due on said bid snaII be paid
the sale; a further twenty-five $50 per cent
days after such confirmation; a further TWEEN
ty-hve 922g39 per cent: OF said amount shall be
ton. and further twenty-five (25Se) per cent.
days after such confirmation: Provided how
ever, that the purchaser shall have the right
earlier time or earlier times than herein
The Master may accept certified check
upon, or a certificate of deposit of any Ma
tional bank or trust company which is salts
factory to him. payment or a deposit
which he is by the terms of said DEGREES
REQUIRED to Obtain cash, Ihe proGeeds OF ane
Of the amount owing to the United States,
ebali be maid in full and the s,rp9s If am
the Court After the sale has been confirmed
Of his bid TO the Master or to the United
States. and the receipt of the. Secretary of
the Treasury. his proper subordinate, for
any part of such balance shall be Sufficient
evidence of its payment.
The purchaser or purchasers, or his or their
successors or assigns. shall: as part considera-
chased. and in addition to the sums required
by said DEGREES to be paid, take the same, and
fI,1 God hoV for aNr
sTccessors or assigns shah nav satisfy.
charges in said DEGREES specified as follows;
and Of the expenses Of the sale hereunder
including the compensation and necessary eX-
make the sale. Second. The charges. com
tb comrjainants- ana any Of the other bar
ties to this cause entitled thereto. their solic-
The said costs compensation, allowances.
and Disbursements shall be naid by the pur-
chasers when they fixed by the Court
nav any Of the Claims described in said Or
der when by the Court required. or shall pay
to the Master or into the Court the moneys
to time as the Court may direct And the
Court reserves the right and retains the POI
er and jurisdiction to take back and resell
the said property in case the purehsser' Ms
e OF as ed Ia q P PAY IN case ne
they saiI to pay any other part or the
That upon payment Of the purchase price
by the t sad or OF SAG
TeVing ali the said railroad, telegraph roll
ing stock and property Of every kind and
description 50 ordered to be sold. subject
to the prior liens and exceptions in said de-
c-ees found and hereinbefore stated together
with all the franchises, rights. functions. i'm
munities and appurtenances belonging to
the said premises to such purchaser or pur-
chasers, or his their successors and assigns
Upon the confirmation OF such sale and the
conveyance Of the premises sold. the pur-
chaser or purchasers, his their successors
and assigns shall subject TO the possession
and rights Of said Receivers and subject to
the prior Nand reserved liens and rights here
inbefore mentioned. hold and enjoy the said
premises and all the rights. privileges i'm
munities. and franchises thereto apDertain-
Ing. as in said DEGREES provided.
For further PARTICULARS reference IS made
to the aforementioned DEGREES OF said Court.
and to the reports Of the Special Master filed
in said causes, and referred to in said decrees
Dated August oath. 1897.
WILLIAM d CORNISH,
Special Master.
Josenh McRenna. Attorney General Of the