The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-20
SPECIAL NOTICES.

bonds and overdue coupons Pee en,
timing thereto. secured by tn s zee ssa7d
bonds and coupons to be received AZ sun sun
price or value as shall be equvalenrt " 10
amount That the holders Thereon M on.
entitled to receive thereon In case Tue ,rba
tire purchase price were paid I'D cns snir or
plaintiff In said cause, or any noiutl 90 |
holders OF bonds secured, by the n .ny Md
foreClosed In and 10y SAID Decree may ~"
and purchase at sale. =. .,,ob sale
The purchaser or purchasers az sun He s su
shall as n part OF the consideration ioi naid
sale and In addition TO the price pa ~
take the property purchased upon tne M
press condition that TO the extent ". M tbc
money in the receivers nahas, an a,oiver.
earnings and Income during the recelNgl
shin herein, shall he insufficient TO n iah'
such payments. said purchaser Or puI'e,I,6
ers. or his or their assigns Will ho..HI iii
Indebtedness or obligations, whlch
shall not be paid by the receiver wy
the income aud earnings OF the Pr1Pe not
described, or when Shall not
he paid out of the proceeds of sale as set
forth in the decree, which may pc my
after filed within n period to be llmlteu "
an order of said court, but only when and d
os the court shall allow such claims anu
adjudge them to he paid by the purcnasciI.
The purchaser or purchasers at Salu stnr
shall also on a P9955 % to e the price paid
take the property purchased upon .ne ~
press condition that to the extent tn9t tthe
money in the receivers s, nan as r r
shin herein. and the proceeds of the sale of
the lands and premises described In the ue-
cree, and held not to pc snDJedGt sb no 'h he
mortgage in said cause foreclosed, snal pe
insufficient to make sucn payments, sun
purchaser or purchasers, or MS OF tnslr as,
signs. will, notwithstanding, pay on aTt
satisfy all claims for damages on account
of injuries to persons or properly now H.
volved in any suit or suits pending n p any
Of the courts of Harris, county rI Lens,
against defendant, the Houston Electric
Street Railway company, ana all olheI
claims against said defendant accruing
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 .ne
mortgage herein foreccsed; and all Claims
accruing within six months before the ap-
pointment Of the receiver herein, for ma
terlal aud supplies sold defendant ana use1
by 1t in the maintenance, operation ana
repair of said property; but all such claims
shall he 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 a notice for thirty days TO pre-
sent such claims and the purchaser or
purchasers, or his or their assigns, or the
property sold, shall he liable for none of
such claims, except as the same shall be
determined and allowed by the court IN
said cause upon such interyentions. All
of such claims not presented by interven-
ton in said cause within the time limited
by this decree shall be barred and shall
purchasers, or his or their assigns, or
against the property sold. And the pur-
chaser or purchasers shall be entitled TO
appeal from any and all orders or DEGREES
In respect to such claim or any Of them,
and shall have all the rights in respect to
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
and resell said property in case of failure
n q %
or his or their assigns, to comply with any
order of the court in respect to the pay
mCnt Of receivers Indebtedness, or prior
lien claims within thirty days after serv-
Ice of a certified copy of said order upon
said purchaser, or purchasers, or his or
their assigns. All payments for any such
purpose made by the purchaser or purchas-
ers or his or their assigns, in advance of
the hnal account and discharge of the re-
celNer, shall ne treated as advances anu
subject to the final adjustment upon such
accounting.
The purchaser or. purchasers of said prop,
taxes lawfully due thereon and 10 the valid
claims or liens, If any, against or upon
same by the city of Houston for assess
paving Of the streets Of said city, and said
sale shall be without prejudice to the right,
If any, which the said city may have 10
establish and enforce such claims or liens
the Houston Electric Street Railway com
nany for payment of its pro rata portion
q
railway company has its tracks.
AS soon as practicable after such sale
shall have been made, the undersigned mas
ter commissioner will 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
10 10 81, inclusive. which is here referred
to as a part hereof for more complete
Ia iron - 4 vrfAfr
If any 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
SHAH be applied as the court shall direct.
The undersigned master commissioner, upon
confirmation of such sale and full com
pllance with the terms of sale by the pur-
chaser or purchasers, will make, execute
and deliver to the purchaser or purchasers
thereof. or his or their assigns, a deed or
deeds conveying all and singular the above
described railways, franchises, rights and
privileges and other properties aforesaid;
and upon request Of the purchaser or pur-
chasers and the exhibit of the master com
missioner's deed or Deeds the receiver hav-
ing possession OF me property, sold viii
or purchasers good and sufficient deeds or
conveyances or evidences of purchase of
irmation of said sale and full compliance
with the terms of said sale by the pur-
chaser or purchasers, he or they shalt be
entitled to a deed or deeds of assurance TO
be executed according to law by defendant
houston Electric Street Railway company
and plaintiff, international Trust company
Upon the execution and delivery OF such
deed or deeds by the master commissioner
the grantee therein shall he let into posses
sion of the premises conveyed and the re-
ceiYer shall deliver all the premises which
may be in his possession over to the pur.
chaser or purchasers, or his or their Ms.
| signs, Including all bills, accounts anC.
chooses In action of the defendant and All
property received or purchased by the re.
ceiver in the management or operation Of
the property embraced In said convrynnces
or pertaining thereto The purchaser or
purchasers of the railways. franchises
| rights, privileges and other property here.
lnbeiore described, shall he Invested with
ana snail hold, possess and enjoy the same
ana al the rights and privileges appertain-
ing thereto as fully and completely as said
Houston Electric Street Railway COMPANY
mas heretofore held and enjoyed the same;
ana said purchases or purchasers shall have
ana be entitled to hold the said railways,
rights, franchises, privileges and other
from the lien of the mortgage herein fore.
closed and from the claims of ali the
parties TO and intervenors In this suit, or
Reference Is made to the above men.
| TONED decree for further particulars and
for more specific description of the pron.
erty to be sold and the terms of said sale
,nan, w. c. Oliver,
lofol Master Commissioner.
DIR, DE LIPCSEY has changed his Offices