Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-19


notice of the time and place of such
sale by advertisement in the Honolulu
Evening Bulletin, a daily newspaper
published in Honolulu. for twenty sue
cessive days, and also in the Hilo Tri-
bune. a newspaper published in Hilo,
Island of Hawaii as often as the same
shall be published before the day of
sale.
(2.) That said sale shall be at public
auction in the city of Honolulu, Island
Of oahu, Territory Of Hawaii, at the
time and place designated in such pub
lie advertisement.
81 That said receiver may adjourn
the said sale from day to day or from
week to week or otherwise giving such
notice as to his shall seem reasonable.
of such adjournment. and may make
the sale at the time and place to which
| the same may be adjourned.
al On the contamination of the sale
! upon the terms and conditions thereof
said receiver shall take and deliver to
the purchaser or purchasers thereof
good and sufficient deeds in law con-
veying all the property, real, personal
or mixed, so sold by him.
(5.) Said receiver shall offer for sale
as one parcel all the property, real,
personal or mixed and premises. rights
privileges. immunities and franchises
of every kind and description owned by
said company.
60 Said receiver may require, be-
fore accepting any bid that the person
making the same shall deposit with
him FIVE per cent of the amount Of such
bid, and in case said property and
premises are sold, the purchaser shall
! forthwith deposit with said receiver an
additional five per cent amounting to
ten per cent of the amount Of his said
purchase.
a. Said receiver may fix a time and
! place for the final consummation Of
said sale at u period not later than ten
' days after the date thereof: which time
may, however, be adjourned by con
sent of all the parties with the consent
of this Court.
At the time and place fixed by the re
ceiver for the confirmation Of the sale
and after the same shall have been con.
firmed by the Court, the purchasers or
purchasers of said property shall pay
the amount remaining unpaid of his
or their respective bids to the receiver
appointed to sell the said property in
U. S. gold coin, or he or they may give
y bond for that amount to said receiy-
er, his successors or assigns, with two
or more sureties to be approved by the
Court that he or they will, up to that
amount pay such persons as the Court
shall direct, such sums as may in such
order be directed to be paid, and in
such manner, and upon such terms as
may be prescribed therein; whereupon
said purchaser or purchasers shall bO
entitled to receive possession of said
property so purchased by him or them
from the receiver herein, who shall
thereupon make a delivery of the same
and upon payment said receiver shall
execute all such deeds and instruments
in writing as are herein provided, to
the purchaser or purchasers.
Upon the confirmation of such sale
said receiver shall publish for ten days
In some newspaper published in the
city of Honolulu a notice fixing the
time when he will be ready to make his
final accounting to the Court.
(SD In case the purchaser or pur,
chasers shall fail to comply with tho
. terms of the bid, or with any orders Of
the Court relating to the consumma
! ton of the purchase or to any payment
or part payment to be made on account
thereof, then the sums paid by sucl
, purchaser or purchasers shall be for
feited as a penalty for such non-com
/ pliance. If any sale for which a de
I post is made be not confirmed by tn,
Court, the deposit shall be returned Il
= the bidder.
80 II any purchaser or purchaser
shall fail TO comply with the terms o
= his or their bid. or to complete sal,
s purchase. said receiver may, with o
| without further application to thi
5 Court, again advertise said property 70
= sale, and sell the same on the term
and conditions as are herelnabove stat
5 ed.
81 ii.
1t is further ordered, adjudged an
decreed that the entire fund to arts
from the sale of said property shall b
= applied as follows:
e a. To the payment OF the costs Il
this cause, and of all proper expense
dependent upon said sale or sales, in
! Guiding the compensation of the auc
! tioneer or persons actually crying tn
/ same, and to the payment of al
| charges, compensation, allowances an,
, disbursements of the receiver, and ais
} of his attorneys, solicitors and coun
! sci, and also such other proper allow
. ances, compensation and disburse
S ments OF the receiver or of his coun
= sci as may be directed to be paid b.
the order of this Court