The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-16
SPECIAL NOTICES.

| outstanding bonds and overdue coupons pea,
| tanning thereto secured ny tne mo said
| bonds and coupons to be received ~ mo
| price or value as shall be equivalent ~ Ne
amount That the holders thereon Wo 9bn e ~
entitled 10 receive thereon IN case ,he r,ha
| tire purchase price were paid ~ cas1nii nv
plaintiff in said cause, or any holusta sa
| holders Of bonds secured by the mVlsshhf1dd
| forecloscd In and by said decree mug W
and purchase at snle. .,,,h saie
The purchaser or purchasers ~ sucn satS
shall as part Of the consideration ntd a mid
| sale. and In addition TO the price pu.u,
| take the property purchased upon w ~
| press condition that TO the extent ,ha' he
money In the receiver names, san tyer
| shin herein shall he insufficient 10 m 1H
such payments, said purchaser or pI i.ciii1b
ers. or his or their assigns VIII nV aH nit
standing pay on and satisfy any anu ~
| receivers Indebtedness or obligations, WhiVp
| shall not be paid by the receiver out ~, y,
| the income and earnings OF tne RlJP' n ~
! hereiubofore described. or which shali not
! he paid out Of the proceeds oil SAFE - set
| forth IN the decree, which may pc lh ~, ~
after filed within period to be llnlteu w
an order OF said court, hui only Wnen audd
| as the court shall allow such claims anu
| adjudge them to be paid by the purGn ascL,
The purchaser or purchasers nj s9ln .! s IN
shall also as a part of the consideration
| therefor, and In addition to the price pau,
! take the property purchased upon tne q
| press condition that to the extent tnaV ~
! money in the receivers hands ana tne
| earnings and income during the receiver
| ship herein and the proceeds Of the sale OF
! the lands and premises described IN tne ~
! cree and held not to be subject TO inc
mortgage In said cause foreclosed shali pc
| insufficient to mike such payments, sucn
purchaser or purchases or ms OF t nS ,nd
satisfy all claims for damages ON account
| OF Injuries TO persons or properly now IL,
volved In any suit or suits pending n any
! against defendant, the Houston Electric
| Street Railway company; and all other
! claims against said defendant accrning
! within six months next before the appoint
ment of the receiver herein, for damages
/ TO persons or property arising out OF the
| operation Of the property covered by the
! accrulng within ak months before the APP
/ pOntmpnt Of the receiver herein, for ma
| terial and supplies sold defendant ana use9
| by 1t In the maintenance, operation ana
repair OF said property: but all such claims
| shall be presented by intervention In said
cause within three months from the date OF
! this decree The master commissioner Is
! directed by the decree to publish In some
! daily newspaper published In the city OF
! Houston notice for thirty days to pre-
/ sent such clalms:' and the purchaser or
| purchasers. or his or their assigns. or the
property sold, shall be liable for none OF
such claims, except MS the same shall pc
determined and allowed by the court In
| said cause upon such intervcntions. All
| Of such claims not presented by interven-
ton IN said cause within the time limited
! by this decree, shall be barred and shall
/ not be enforcible against the purchaser or
| purchasers, or his or their assigns, or
against the property sold And the pur-
/ chaser or purchasers shall be entitled to
| appeal from any md all orders or DEGREES
| In respect to such claim or any OF them,
| such appeals which the plaintiff defendant
/ or receiver In said cause would have IN
case such appeals had been taken by any
| Of them.
The court reserves the right TO retake
| ana resell said property In case Of failure
on me part OF the purchaser or purchasers,
order OF the court In respect to the pay
| mrnt OF receivers Indebtedness. or prior
| lien claims within thirty days after serv-
| Ice Of certified copy Of said order upon
their assigns All payments for any such
! purpose made by the purchaser, or purchas
the maj account and discharge OF the re.
celNer, shall be treated as advances and
subject to the final adjustment upon such
accounting.
The purchaser or purchasers OF said prop
crty shall also take same subject to all
| taxes lawfully due thereon and To the valid
claims or liens, If any, against or upon
same by the city Of Houston for assess
/ men;s on account Of the Improving and
paving Of the streets of said city, and said
sale shall be without prejudice TO the right
| II any, which the said city may have to
! establish and enforce such Chains or liens
claimed ts by the city Of Houston against
pany for payment Of its pro rata portion
FOR paving Of the streets on which said
railway company mas It's tracks.
AS soon as practicable after such sale
shall have been made, the undersigned mas
ter commissioner VIII report the same to
said court for confirmation, further certify.
Ing to the court compliance by the pur-
chaser or purchasers with the conditions Of
said sale as prescribed In and by said de-
cree which Is duly recorded in the minutes
OF said court In volume ,, on pages from
| % to 81, inclusive, which Is here referred
TO as part hereof for more complete
statement Of It's terms and provisions.
| 1T amy bid shall he accepted by the court
| and the person making the same shall fail
TO comply with all the conditions of the
sale and all the orders Of the court in re-
spect thereto, the sum deposited by the
bidder shall be forfeited by the bidder and
shall be applied as the court shall direct
The undersigned master commissioner, upon
| confirmation of such sale and full CON.
Piance with the terms OF sale by the pur.
chaser or purchasers, VIII make, execute
ana deliver to the purchaser or purchasers
| thereof or his or their assigns n decd or
deeds conveying all and singular tho above
described railways, franchises, rights and
privileges aud other properties aforesaid;
ana upon request Of the purchaser or pur-
chasers and the exhibit OF the master com.
mssioners deed or deeds the receiver hay-
ing possession OF the property sold will
make, execute and deliver 10 said purchaser
or purchasers good and sufficient deeds or
conveyances or evidences Of purchase of
my ana all property sold; and upon con
| hrmation of said sale and full compliance
WIN the terms of said sale by the pur-
chaser or purchasers, he or they shalt he
entitled to n deed or deeds OF assurance 10
be executed according TO law by defendant
| Houston Electric Street Railway company
and plantin, International Trust company
Upon the execution and delivery OF such
deed or deeds by the master commissioner,
the grantee therein shall be let into posSps.
sion OF the premises conveyed and The re.
ceiver shall deliver all the premises which
may he Ia his possession over TO the MIR
chaser or purchasers, or his or their MS.
signs, Including all bills, accounts and
moses In action OF the defendant, and all
property received or purchased by the ro.
ceiNer In the management or operation of
the property embraced In said convCyances
or pertaining thereto. The pnrchaser oT
purchasers Of the railways frnuchtseg
rights privileges and other property here
inbefore described shall he Invested with
ana snail hold, possess and enjoy tho some
ana all the rights and privileges appertaIn.
Ing thereto as fully and cOmnletely ms said
Houston Electric Street Railway comnauy
mas heretofore held and enjoyed the same.
ana said purchaser or purchasers shall have
ana be entitled 10 hold the snId railwovs
rights franchises. privileges ami of6ef
properties aforesaid freed and DISCHARGED
from the lien OF the mortgage herein fore
closed and from the claims OF Mi thp
parties 70 and lnteryeRors In this suit. OF
Reference Is made to the above man.
TONED decree for further particulars nnd
Tor more specific description OF tho nron'
erty TO he sold and the terms of said sale
1o1m Master W com N, H,liIyer
NOTICE TO TIE PUBLTC-Wc have msde
On .rNH Il.