Daily press. [volume] (Newport News, Va.) 1896-current, 1905-08-29
IN EQUITY.
CONSOLIDATED.

WIlCu tuC COuil Silhil uujuu5S W w
prior in lien or superior in equity to
the said mortgage, and of which the
court shall direct the payment, that
is to say, the said sale shall be made
subject to all demands, claims, Hbate-
mcnts, discharges, lapscs, superior Ill
equity to the first OrtSagc 'bunda OF
The Hampton Roads Railway and Elcc
tflC Company. as well as to all supply
and labor liens and other liens ami
claims which may hereafter be adj
Indicated By the court to have priority
over said mortgage bonds, provided.
however. that such demands, orders.
etc, or liens or claims have been
heretofore proven before the commits
sloncr In this cause, or shnll bic proven
before tho said commissioner prior To
The first day of October. 1905, and not
thereafter. But IL is not intended by
anything in this provision to require
proof before said commissioner Of any
fee or cost, unless the court shall here
after see III to require the same. And
all persons whom H. may concern are
hereby notified that all persons who
hold claims of any character whatso-
ever against the said Hampton Roads
Railway ana Electric Company. or said
receivers, are required to prove the
same before the commissioner IN this
CAUSE, UTlDT 10 TIC llTSl udt vi OCtODclp
1905. us above provided.
In the event TINT the said purchaser
or purchasers, or his or their assigns,
shall after final adjudication and de-
mand refuse to pay any of the said
J Indebtedness or liabilities, the persons
holding the claim thereof upon fifteen
days notice to such purchaser or pur-
chascrs, or his or their assigns, may
| file his petition /, the said court to
have such claim enforced against the
property aforesaid, in accordance
with the usual practice Of the Circuit
Court of the United States for the
Eastern District of Virginia, in rclu-
| tion to claims OF similar character;
and such purchaser, or his assigns.
| shall have the right tn appear anu
make defense to any claim or debt or
demand SO sought to be enforced; and
any party shall have the right To APP
peal from any judgment, decree or or
| der made thereon
| For the purpose Of enforcing the
foregoing provisions, jurisdiction of
this cause will be retained and the
court reserves the right to rc.tnke and
resell the property in the event that
| the said purchaser or purchasers ur
his or their assigns, shall fail to conf
| ply with any order Of the court for tho
| payment of such prior Indebtedness or
| liability l,uA
The purchaser of the said property
| shall take the same subject to the per-
Torrance by him. or his assigns. of
| all pending contracts tlCrtofore law
fully made by the receivers In respect
thereof. with all rights thereto enjoyed
AMI held by the receivers.
| Upon payment OF the purchase
| price by the purchaser or purchasers
or upon making such proVsiontns the
court shall approve for the payment
| thereof tho commissioners will exc
cute IL decd or deeds conveying tho
| property and franchises sold to such
! purchaser or purchasers, or his or
their assigns and on the execution
and delivery of such decd or deeds the
grantee will be let into the possession
| of the promises SO conveyed anu the
receivers will deliver snch property
over to the purchaser or purchasers,
his or their assigns, subject to the con
dition that the court may re-talte and
resell the property In case any such
purchaser or purchasers, his or their
assigns, respectively, shall fail to pay
any Of the balance of the purchase
price remaining unpaid, or To comply
with any order OF the court in respect
t. the payment of the prior Indebted
icss obligations md liabilities as pro-
vidcd in said decree or said supple
mental decree
4 The purchaser or purchasers of the
property and his or their assigns re-
spectivcly, after such delivery of said
premises, shall hold, possess and en-
joy the same, and ali the rights, priv
ilcgcs, immunities and franchises ap-
pertaining thereto, as fully AMI COM
| DIptcly aS the HDmutOn ROnJa Rail-
way and Electric Com 3any, or the re-
cnivcrs thereof, now hold or enjoy the
same, or held or enjoyed, or were en-
titled to hold or enjoy the same
at the time of the execution of
said mortgage or al any time since;
and The purchaser or purchasers and
his or their SUCCESSORS, Or assigns,
respectively, shall thcrcupOn he en-
titled to have and hold the premises
so conveyed free and discharged from
the lien and incumbrnnco of eHia mort
gage dated February 1st,A19Di3t and
from the claims Of all other parties to
this cause and those claiming under
them, save only as herein expressly
reserved. bNt subject to such claims
and allowances as llc-etofonep Ufdercd
to he paid or hereafter shull be adj
judged to be prior In lien or superior
In equity to said mortgage and which
as provided i'll said decree or supple
mental decree may he required to be
maid in addition to the purchase price
bid. is = = :" '.'"-
he prrchascr shall comply with
my end every condition herein men
toned or mentioned in said decree as
fully and completely as II expressly
set out herein, reference thereto being